CODE OF CIVIL PROCEDURE
CONTENT
PRELIMINARY TITLE
SECTION FIRST: JURISDICTION, ACTION AND COMPETITION
TITLE I: Jurisdiction, and action (Article 1 to 4)
TITLE II: Competition
Chapter I: General Provisions (Article 5 of 34)
Chapter II: the Questioning of the competition (Article 35 to 46)
Chapter III: international Competition (Article 47)
SECTION SECOND: SUBJECT OF THE PROCESS
TITLE I: judicial Bodies and their auxiliaries (Article 48 to 56)
Chapter I: Courts (Article 48 to 49)
Chapter II: Duties, powers and responsibilities of the judges in the process (Article 50 to 53)
Chapter III: Auxiliary judicial Bodies and legal assistance (Article 54 to 56)
TITLE II: an Appearance in the process (Article 57 to 112)
Chapter I: General Provisions (articles 57 to 62)
Chapter II: procedural Representation (Article 63 to 67)
Chapter III: Proxy Judicial (Article 68 to 79)
Chapter IV: legal Representation by a lawyer, Procurement, informal and Representation of diffuse interests (Article 80 to 82)
Chapter V: Accumulation (Article 83 to 91)
Chapter VI: Litisconsorcio (Article 92 to 96)
Chapter VII: third-party Intervention, Extromisión and Probate litigation (Article 97 to 108)
Chapter VIII: Duties and responsibilities of the parties, their attorneys, and their proxies in the process (Article 109 to 112)
TITLE III: Public prosecutor (Article 113 (118)
SECTION THREE: ACTIVITY PROCEDURE
TITLE I: the Form of the procedural acts (Article 119 135)
Chapter I: procedural Acts of the judge (Article 119 to 128)
Chapter II: procedural Acts of the parties (Article 129 135)
TITLE II: Formation of the dossier (Article 136 to 140)
TITLE III: Time in the procedural acts (Article 141 to 147)
TITLE IV: services and Eew (Article 148 to 154)
TITLE V: Notifications (Article 155 to 170)
TITLE VI: Nullity of the procedural acts (Article 171 to 178)
TITLE VII: legal Assistance (Article 179 to 187)
TITLE VIII: Means of proof (Article 188 to 304)
Chapter I: general Provisions (Article 188 to 201)
Chapter II: Hearing of evidence (Article 202 to 212)
Chapter III: Statement of the parties (Article 213 to 221)
Chapter IV: Statement of witnesses (Article 222 to 232)
Chapter V: Documents (Article 233 of the 261)
Chapter VI: Expertise (Article 262 to 271)
Chapter VII: Judicial Inspection (Article 272 to 274)
Chapter VIII: Substitutes of the means of proof (Article 275 to 283)
Chapter IX: early Test (Article 284 to 299)
Chapter X: evidence (Article 300 to 304)
TITLE IX: Disability, disqualification, excusación and abstention (Article 305 to 316)
TITLE X: Interruption, suspension, and conclusion of the proceedings (Article 317 to 322)
TITLE XI: special Forms of conclusion of the proceedings (Article 323 of the 354)
Chapter I: Conciliation (Article 323 to 329)
Chapter II: a Search and Recognition (Article 330 to 333)
Chapter III: Transaction judicial (Article 334 to 339)
Chapter IV: Withdrawal (Article 340 345)
Chapter V: Abandonment (Article 346 to 354)
TITLE XII: Media impugnatorios (Article 355 to 405)
Chapter I: general Provisions (Article 355 to 361)
Chapter II: Replacement (Article 362 to 363)
Chapter III: Appeal (Article 364 of the 383)
Chapter IV: Cassation (Article 384 400)
Chapter V: Complaint (Article 401 to 405)
TITLE XIII: Clarification and correction of resolutions (Article 406 407)
TITLE XIV: Query (Article 408 to 409)
TITLE XV: Costs and Costs (Article 410 to 419)
TITLE XVI: Fines (Article 420 to 423)
SECTION FOUR: POSTULATION OF THE PROCESS
TITLE I: Complaint and summons (Article 424 of the 441)
TITLE II: Defence and counter-claim (Article 442 to 445)
TITLE III: Exceptions and defenses prior (Article 446 to 457)
TITLE IV: Rebellion (Article 458 464)
TITLE V: Sanitation of the processing (Article 465 to 467)
TITLE VI: Hearing settlement conference or fixing of controverted points and sanitation of evidence (Article 468 to 472)
TITLE VII: Judgement early on in the process (Article 473 to 474)
Chapter I: Trial early in the process (Article 473)
Chapter II: early termination of the proceedings (Article 474)
SECTION FIVE: LITIGATION PROCESSES
TITLE I: the Process of Knowledge (Article 475 to 485)
Chapter I: general Provisions (Article 475 to 479)
Chapter II: special Provisions (Article 480 to 485)
TITLE II: Shortened Process (Article 486 to 545)
Chapter I: general Provisions (Article 486 of the 494)
Chapter II: special Provisions (Article 495 of the 545)
TITLE III: Process Summary (Article 546 of the 607)
Chapter I: general Provisions (Article 546 of the 559)
Chapter II: special Provisions (Article 560 of the 607)
TITLE IV: Process Precautionary (Section 608 of the 687)
Chapter I: precautionary Measures (Article 608 of the 641)
Chapter II: precautionary Measures specific (Article 642 of the 687)
TITLE V: single Process execution (Article 688 of the 748)
Chapter I: general Provisions (Article 688 of the 692-A)
Chapter II: single Process execution (Article 693 of the 712)
Chapter III: Enforcement of judgments (Article 713 to 719)
Chapter IV: Implementation of guarantees (Article 720 to 724)
Chapter V: forced Execution (Article 725 to 748)
SECTION-SIXTH: NOT CONTENTIOUS
TITLE I: General Provisions (Article 749 of the 762)
TITLE II: Special Provisions (Article 763 847)
ADDITIONAL PROVISIONS – FINAL PROVISIONS
TRANSITIONAL PROVISIONS
PROVISIONS AMENDED
DEROGATIONS
PRELIMINARY TITLE
Article I. - the Right to the guardianship court effective
Every person has the right to the guardianship court effective for the exercise or defense of their rights or interests, subject to due process.
Article II.- Principles of Direction and Momentum of the process
The address of the process is in charge of the Judge, who exercised according to the provisions of this Code.
The Judge must drive the process itself, being responsible for any delay caused by its negligence. Are excepted from the impulse of the craft of the cases expressly mentioned in this Code.
Article III.- The end of the process and integration of the procedural law*
The Judge must address the particular purpose of the process is to solve a conflict of interest or eliminate uncertainty, both with legal relevance, making the realization of the substantial rights, and that his purpose of abstract is to achieve peace, social justice.
In the case of a void or defect in the provisions of this Code, shall have recourse to the general principles of procedural law and the doctrine and case law relevant in the circumstances of the case.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article IV.- Principles of Initiative on the part of Conduct and Procedural*
The process is promoted only at the initiative of the part, which will invoke interest and legitimacy to act. Does not require you to be in the Public Ministry, the attorney informal or who defends diffuse interests.
The parties, their representatives, their Attorneys and, in general, all participants in the process, arrange their conduct to the duties of truthfulness, honesty, loyalty and good faith.
The Judge has the duty to prevent and punish any conduct that is unlawful or dilatory.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article V. - Principles of Immediacy, Concentration, Economy and Speed Procedural
The audience and the action of the evidence before the Judge, being that cannot be delegated under penalty of nullity. With the exception of the procedural actions by the commission.
The process is done by ensuring that its development occurs in the lowest number of procedural acts.
The Judge directs the process tending to a reduction of the procedural acts, without affecting the imperative character of the actions that require it.
Activity procedure is performed diligently and within the time limits laid down, with the Judge through the auxiliary under his direction, to take the necessary measures to achieve a prompt and efficient solution of the conflict of interest or legal uncertainty.
Article VI.- Principle of Socialization the process.*
The Judge must avoid that the inequality between persons on grounds of sex, race, religion, language, or social status, political or economic, affect the development or outcome of the process.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article VII.- Judge and Law*
The Judge must apply the law that corresponds to the process, although it has not been relied on by the parties, or has been erroneously. However, you can not go beyond the request or base its decision on facts, several of which have been adduced by the parties.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article VIII.- Principle of gratuitousness in the access to justice*
The access to justice service is free of charge, without prejudice to the payment of costs, expenses and penalties established in this Code and administrative provisions of the Judiciary.
* Article amended by the Law 26846, published on July 27, 1997 (link: lpd.pe/pe57G).
Article IX.- Principles of relationship and Formality*
The procedural rules contained in this Code are mandatory, except regulation to the contrary.
The formalities provided for in this Code are mandatory. However, the Judge comply with your requirement to the achievement of the purposes of the process. When not point to a formality specific for the performance of a procedural act, it shall be considered valid regardless of the employee.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article X. - the Principle of Double instance
The process has two instances, unless a legal provision different.
FIRST SECTION: THE JURISDICTION, ACTION AND COMPETITION
TITLE I: JURISDICTION AND ACTION
Article 1.- Organs and scope of jurisdiction of civil
The jurisdictional power of the State in civil matters, it exercises the Judicial Power exclusively. The judicial function is non-transferable and its scope covers the whole territory of the Republic.
Article 2.- Exercise and scope
By the right of action on the subject, in the exercise of his right to the guardianship court effective and direct way or through a legal representative or attorney, may apply to the court asking for a solution to a conflict of interests intersubjective or to legal uncertainty.
By being the holder of the right to the guardianship court effective, located in a civil proceeding has the right of contradiction.
Article 3.- Regulation of the rights of action and contradiction
The rights of action and contradiction in the field of civil procedure do not allow limitations or restrictions for their exercise, without prejudice to the procedural requirements provided for in this Code.
Article 4.- Consequences of the exercise spot for the right of civil action
Completed a process for resolution that dismissed the lawsuit, if the respondent considers that the exercise of the right of action was irregular or arbitrary, you can sue for compensation for the damages you have suffered, without prejudice to the payment by the trial malicious costs, costs and fines set forth in the terminated process.
TITLE II: COMPETITION
Chapter I: General Provisions
Article 5.- Civil jurisdiction
Corresponds to the civil courts the knowledge of everything that is not assigned by law to other courts.
Article 6.- Principle of legality and non-waiver of the competition*
The competition can only be established by the law.
The civil jurisdiction can not be waived or changed, except in those cases expressly provided for in the law or in the international agreements concerned.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 7.- Indelegabilidad of the competition
No Civil court can delegate to another jurisdiction which the law attached to it. However, you can designate to the other the completion of judicial proceedings outside of his territorial jurisdiction.
Article 8.- Determination of the competition*
The competition is determined by the factual situation existing at the time of the filing of the complaint or request, and cannot be modified by the changes of law or fact that may occur later, unless the law expressly provides otherwise.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 9.- Competency in this matter
The competition by reason of the subject matter is determined by the nature of the claim, and by the legal provisions that regulate it.
Article 10.- Competition for amount*
The competition by reason of the amount is determined according to the economic value of the request according to the following rules:
1. According to what is stated in the lawsuit, without admitting opposition to the defendant, unless otherwise required by law; and
2. If the claim or its annexes appears that the amount is different to the one indicated by the plaintiff, the Judge, ex officio, shall be the correction that is appropriate and, if that is the case, it will inhibit his / her knowledge and shall forward it to the competent Judge.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 11.- Calculation of the amount*
To calculate the amount, the value of the main subject matter of the claim, the fruits, interest and costs, damages, and other concepts accrued at the time of the filing of the demand, but not the future.
If a claim includes a number of claims, the amount is determined by the sum of the value of all. If it is claims are subordinate, or alternatives, only serve the highest value.
If there are several defendants, the amount is determined by the total value of the respondent.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 12.- Amount in claims on property
In the claims relating to rights in real property, the amount is determined on the basis of the value of the property in effect on the date of interposicion of the demand.
However, the Judge shall determine the amount of what is in demand and its eventual annex. If they do not offer items to your estimate, you will not apply the criterion of the amount and the competent Civil court.
Article 13.- Costs, costs, and penalty for the excess in the amount
If as a result of a manifest alteration of the amount is declared founded a questioning of the competition, the plaintiff shall pay the costs, fees, and a fine of not less than one nor more than five Units of a Reference Procedure.
Article 14.- General rules of the competition
When a claim to a natural person, the court in the place of your residence, unless otherwise required by law.
If the defendant is found in several places can be sued in any of them.
If the defendant is not domiciled or this is unknown, it is competent for the Judge of the place where you are located or of the domicile of the plaintiff, at the option of the latter.
If the defendant is found in the foreign jurisdiction is the court of the place of the last address you had on the country.
If by the nature of the claim or other cause similar it could not be determined in the jurisdiction of degree, is the jurisdiction of the Civil Judge.
Article 15.- Accumulation subjective passive
Being two or more defendants, the court in the place of the domicile of either of them.
Article 16.- Accumulation subjective claims
When by reason of connection requires multiple claims against multiple defendants, shall be competent for the Judge of the domicile of either of them.
Article 17.- Legal persons*
If there is demand for a legal person, the court of the domicile where it has its headquarters, unless otherwise required by law.
In case of branches, agencies, establishments or representatives duly authorized in other places, you may be sued, at the option of the plaintiff, before the Judge of the domicile of the head office or any of these homes in which occurred the fact that the complaint is or where it would be enforceable claim claimed.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 18.- Legal entity spot
In the case of claims against associations, foundations, committees and societies is not registered or of any other entity whose incorporation, registration or operation is irregular, the court in the place where they perform the activity that motivates the demand or request.
The same rule applies in the case of a demand directly to your representative, administrator, principal, or other person for acts done in the name of the legal person.
Article 19.- Inheritance
In matters of inheritance, the court of the place where the deceased had his last domicile in the country. This competition is non-extendable.
Article 20.- Expropriation
In the case of goods entered, the court in the place where the property right is registered.
If the expropriation deals on goods not registered, it is competent for the place where the well is located, apply, in your case, the provisions of article 24, paragraph 1.
Article 21.- Regulation of the legal capacity*
In the matter of parental rights, guardianship, curatorship and designation of support, whether or not the litigation, the court of the place where the people with disabilities and those referred to in articles 43 and 44 of the Civil Code.
To institute the curatelas of goods referred to in articles 597 to 600 of the Civil Code, the court in the place where they are all or the greater part of the goods, with, in your case, the rule set out in article 47 of the Civil Code.
For the curatelas special to that referred to in article 606 of the Civil Code shall observe the provisions of article 23 of this Code.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 22.- [Repealed]*
* Article repealed by the First Final Provision of the DL 845, published on September 21, 1996 (link: lpd.pe/0bb5O).
Article 23.- Non-adversarial process
In the non-adversarial process is the competent court of the place of residence of the person who promotes, or in whose interest is promoted, unless a legal provision or covenant to the contrary.
Article 24.- Competition optional*
In addition to the Judge of the domicile of the defendant, it is also competent to the plaintiff's choice:
1. The Judge of the place in which the property is located or goods in the case of claims on real rights. The same rule applies in the processes of withdrawal, title, accessory, acquisitive prescription and rectification or delimitation of areas or boundaries, expropriation, eviction, guardianship, and designation of support. If the lawsuit focuses on several real properties located in various places will be a competent Judge of any of them;
2. The court in the last matrimonial domicile, in the case of nullity of the marriage property regime of the marriage, separation, divorce and custody;
3. The Judge of the domicile of the plaintiff in the claims food;
4. The Judge in the place designated for the fulfillment of the obligation;
5. The Judge of the place where the damage occurred, in the case of claims for damages for non-contractual liability;
6. The Judge of the place in which they are made or should be made the source of the obligation, in the case of benefits arising from the management of business, unjust enrichment, unilateral promise or improper payment; and
7. The Judge of the place where he has the management of common goods, or beyond the time of stand the demands of accountability, of approval or disapproval of accounts or management reports.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 25.- Extension of conventional territorial jurisdiction
The parties may agree in writing to be subject to the territorial jurisdiction of a Judge other than the one that corresponds, except that the law declares a non-extendible.
Article 26.- Extension tacit territorial jurisdiction
Occurs for the extension unspoken competition to the plaintiff by the fact of the making of the complaint and for the defendant to appear to the process without making a reservation or stop the end of the term, without questioning the competition.
Article 27.- State competition
Is competent Judge of the place where it has its headquarters the office or agency of the Central Government, Regional, Departmental, Local, or public entity that would have given rise to the act or fact against which it is claimed.
When the conflict of interests had its origin in a legal relationship of private law, apply the general rules of the competition.
The same rules apply when the action is brought against a constitutional body independent or against a public official who had acted in exercising its powers or the exercise of its functions.
Article 28.- Determination of the functional competence
Functional competence is subject to the provisions of the Constitution, the Organic Law of the Judiciary and of this Code.
Article 29.- Cases of prevention*
Prevents the Judge that he makes in the first place the defendant. In case of plurality of defendants in the same or in different processes, prevents the court that made the first location.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 30.- Effects of prevention*
Prevention becomes the exclusive jurisdiction of the court in those cases in which provision of the law, there are several Judges who may be familiar with on the same subject.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 31.- Prevention of functional competence
In the first instance, the prevention is necessary only by reason of territory.
In the second instance prevents the court first know the process. This knowledge has been made for the realization of the first notification.
Article 32.- Claims of warranty, accessory and complementary
It is competent to hear the claim of warranty, as well as the claim incidental, complementary or derived from another previously raised, the Judge of the claim main one, although, considered individually, do not reach or exceed the limit of the amount to be established to the jurisdiction of the Judge or of its territorial jurisdiction.
Article 33.- Precautionary measure and test early
It is competent to issue a precautionary measure before the initiation of the process and for the performance of the test in advance, the competent judicial authority by reason of grade to meet the demand next to stand.
Article 34.- Running processes
The running processes are subject to the general rules on jurisdiction, except different layout of this Code.
Chapter II: the Questioning of the Competition
Article 35.- Incompetence*
The incompetence by reason of subject-matter, amount, degree, turn and territory, the latter when it is non-extendable, shall, ex officio, to qualify the demand or, exceptionally, in any state and degree of the process, without prejudice to the fact that it can be invoked as an exception.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
3. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 36.- Effects of incompetence*
Without prejudice to what is stated in article 35 the Judge to declare his incompetence does so in a resolution duly motivated, and has the immediate referral of the case to the court deemed competent.
If, in the cases referred to in article 35, the Judge who refers to the process is declared incompetent, the following rules are observed:
1. In the case of a conflict matter, it refers to the process at the higher court of the specialty. If the courts are in conflict belong to different judicial districts, reference is made to the chamber of the Supreme Court.
2. In the case of the amount, we will return the process to the Hall of the Civil Court competent Superior.
3. In the case of the territory, refers to the process of the Room corresponding Civil Superior Court or of the Supreme Court, as appropriate.
* Article amended by the following devices:
1. Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 37.- Questioning exclusive*
The jurisdiction of Justices of the Peace, Lawyers, and Peace will only be questioned by exception.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 38.- Race of competition*
Lack of territorial competence relative can be invoked, excluyentemente, as an exception or as a race. The race of competition is brought before the Judge that the defendant is deemed competent, within five days of occupying and providing the evidence relevant.
The Judge rejected the contention proposal extemporáneamente or when it is manifestly improper or reckless. When the temerity consists of the artificious creation of a territorial jurisdiction, the responsible party will be sentenced to the payment of the maximum amount of the fine provided for in article 46, and the Judge, ex officio or at the request of a party, will serve the Public Ministry, of to be the case.
If the Judge admits the race celebrated the justice of the demand, calling for him to refrain from knowing and applying, in addition, the submission of the dossier.
With the office attached certified copy of the notice of competition, its annexes, of the resolution admisoria and any other action produced. In addition to the motion, the Judge of the contest shall give immediate notice by fax or other suitable means.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 39.- Recognition of incompetence*
If you received the office and its annexes, the Judge of the demand considers that it is competent to the Judge of the contest, it will forward the dossier to get to know the process. This decision is inimpugnable.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 40.- Conflict of competition*
If the Judge of the demand is considered competent to suspend the process and send all actions taken, including the main, to the top that should settle the competition, officiating at the Judge of the contest.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 41.- Resolution of the race to the top*
The race of competition between Judges in the same district court invalidates the Hall of the Civil Court competent Superior. In other cases, the decision-making the Hall of the Civil Court Supreme.
The higher the power to settle the contention within five days of receipt of the actuated, without formality and without granting the oral report. The car that resolves the contention ordered the referral of the case to the Judge declared competent, with knowledge of the other Judge.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 42.- Conservation of the effectiveness prudential*
The injunction granted by the Judge of the demand, before you receive the office of the Judge of the contest, and retains its effectiveness even if the suspension of the process. Suspended the process, will not be granted precautionary measures.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 43.- Continuation of the main process*
Receiving the dossier, the competent court will continue the processing of the process returning to grant the deadline to respond to the lawsuit.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 44.- Validation of the preliminary injunction*
At the request of a party, and provided that the competition out determined in favor of the Judge of the contest, it shall make, as a Judge of first grade, a re-examination of the budgets of the precautionary measure pre-existing. The order of re-test is appropriate when you do not have appealed to the extent, or when the party has given up on that resource.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 45.- Costs and fees*
If the incident is resolved in favor of the Judge of the contest, the costs and costs must be paid by the plaintiff. If it is settled in favour of the justice of the demand, be paid by those who promoted the contest.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Article 46.- Fines*
The party, with bad faith, promote a contest will be sentenced by the court to the casting to a fine of not less than five nor more than fifteen Units of a Reference Procedure.
* Article amended by the Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
Chapter III: international Competition
Article 47.- Jurisdiction of the court peruvian
The court in peru to learn about the processes in the cases set forth in Title II of Book X of the Civil Code.
SECTION TWO: SUBJECTS OF THE PROCESS
TITLE I: JUDICIAL ORGANS, AND THEIR ASSISTANTS
Chapter I: Courts
Article 48.- Purpose
The functions of the Judge and his assistants are of Public Law. Make a work of set intended to make effective the purpose of the process. The failure to perform their duties is punishable by law.
Article 49.- Judicial bodies in the area of civil*
The civil justice is exercised by Justices of the Peace, Peace, Lawyers, Civil, of the Higher Courts and the Supreme Court.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter II: Duties, powers and responsibilities of the Judges in the process
Article 50.- Duties*
The duties of the Judges in the process:
1. Lead the process, ensure your quick solution, to adopt appropriate measures to prevent its postponement, and ensure the procedural economy;
2. Enforce the equality of the parties in the process, using the powers that this Code gives them;
3. In giving the rulings and perform the procedural acts on the dates and in the order that they enter the office, except priority legal or other good cause;
4. Decide on the conflict of interest or legal uncertainty, even in the case of empty or default of the law, a situation in which they will apply the general principles of law, the doctrine and jurisprudence;
5. Punish the Attorney or party acting on the process in case of willful misconduct or fraud;and
6. Substantiate the cars, and the judgments, under penalty of nullity, while respecting the principles of hierarchy of norms and the congruence.
The Judge started the hearing test will conclude the process, unless it was promoted or separated. The deputy Judge will continue the process, but you can order, in a resolution duly motivated, a repeat of the hearings, if it considers it indispensable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 51.- Faculties generic
The Judges are empowered to:
1.- To adapt the demand to the jurisdiction that deems appropriate, provided that it is feasible adaptation;
2.- Sort the procedural acts necessary to the elucidation of the disputed facts, respecting the right of defence of the parties;
3.- Order in any instance, the personal appearance of the parties, in order questioning about the facts discussed. The parties may attend with their Attorneys;
4.- Reject liminarmente the order to reiterate the other proposed by any litigant and for the same reason, or when, despite being founded on reason other than, it could be alleged to be promoted to the previous;
5.- Sort, if they deem appropriate, at the request of a party, and at the expense of the vanquished, the publication of the operative part of the decision to end a means of communication designated by him, if this can help to repair the tort is derived from the publicity that he hath given to the process;
6.- To exercise the freedom of expression provided for in article 2, paragraph 4, of the Political Constitution of Peru, subject to the provisions of the Organic Law of the Judicial Power; and
7.- Perform other duties set forth in this Code and the Organic Law of the Judiciary.
Article 52.- Disciplinary powers of the Judge
In order to maintain a conduct procedural corresponding to the importance and respect of the activity of the judiciary, Judges must:
1.- To order the deletion of the phrase or word spoken or written in terms that are offensive or insulting;
2.- Expel it from the actions of those who alter their development. If one of the parties, shall be imposed in addition to the fines that would have been applicable had not attended the performance; and
3.- Apply the disciplinary sanctions of this Code and other rules established.
Article 53.- Powers coercive Judge
In care at the end promoted and sought to in article 52, the Judge may:
1.- Impose a fine compulsive and progressive for the part or to whom it may concern, to fulfill its mandate in accordance with the content of your decision.
The fine is set at the discretion of a Judge within the limits fixed by this Code, being able to reset it or leave it without effect if it considers that the disobedience has had or has justification; and
2.- Provide for the detention for up to twenty-four hours of one who resists his mandate without justification, causing harm to the party or to the majesty of the service of justice.
In attention to the importance and urgency of his mandate, the Judge will decide the successive application, individual or joint of the sanctions-regulated in this article.
The sanctions shall be without prejudice to the fulfillment of the mandate.
Chapter III: Auxiliary and jurisdictional Organs of judicial assistance*
* Name changed by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 54.- Auxiliary of the civil jurisdiction*
They are auxiliaries of the civil jurisdiction: the Secretaries of the Room, the speakers, Clerks of Court, the Official Auxiliary of Justice and the Organs of Judicial Assistance.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 55.- Bodies of judicial assistance
Are bodies of judicial assistance: the expert, the depositary, the external auditor, the auctioneer to the public, the guardian ad litem, the police and other bodies established by law.
Article 56.- Duties and responsibilities of the auxiliary jurisdiction
The duties and responsibilities of the auxiliary of the civil jurisdiction are governed by the provisions of the Organic Law of the Judiciary and in the respective regulations.
The organs of judicial assistance are governed by the laws and other relevant provisions.
TITLE II: AN APPEARANCE IN THE PROCESS
Chapter I: general Provisions
Article 57.- Ability to be part material in a process*
Any natural person or legal, constitutional bodies, autonomous and the conjugal partnership, the succession undivided and other forms of heritage, self-contained, can be a material part in a process.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 58.- The capacity to appear in a process*
Have the capacity to appear by itself to a process or to confer representation by appointing guardian court, the persons who may have rights that it is enforced, as well as those to whom the law entitles. The others must appear in person, by means of a legal representative.
They can also appear in a process, representing other people, which they carry out by themselves their rights.
You can continue a process during its course changes of name, without prejudice of the cause that led to such a fact.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 59.- The State as part
When the State and its agencies, or public and private enterprises with the participation of economic determinant of one involved in a civil process, whatever the rating, or location procedural assigned to them, shall be submitted to the Judiciary without more privileges than those expressly set forth in this Code.
Article 60.- Replacement procedure
In the case provided for in subsection 4 of section 1219 of the Civil Code and in the other the law permits it, a person can start a process, or assist the defense of the already started when you have an interest in its outcome, without the need to prove its own right or a direct interest in the subject matter discussed.
Article 61.- Curatorial procedural*
The guardian ad litem is an Attorney appointed by the Judge at the request of interested, which is involved in the process in the following cases:
1.- When it is not possible idea to position validly to the defendant to be indeterminate, uncertain, or with a domicile or residence ignored, according to the provisions of article 435;
2.- When it cannot be set or will discontinue the relationship procedure for restriction of the exercise capacity of the party or his legal representative;
3.- When there is a lack, absence, or incapacity of the representative of the person with the ability to exercise restricted, as provided for in article 66; or
4.- When it does not appear the successor of procedure, in the cases that are applicable, as provided for by article 108.
Concludes the performance of the guardian ad litem if the party or its legal representative appear to have gained or regained their legal capacity.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 62.- Supletoriedad of the representation of civil
In all matters not provided for in this Title, shall apply additionally, the rules on representation and mandate contained in the Civil Code.
Chapter II: procedural Representation
Article 63.- Need of legal representation
The natural persons that do not have the free exercise of their rights, appear to the process represented as stipulated by the relevant laws.
Article 64.- Procedural representation of the legal person
Legal persons are represented in the proceedings according to what is provided for in the Constitution, the law or the applicable statute.
Article 65.- Procedural representation of the Patrimony Self*
There is heritage autonomous when two or more persons have a right or interest in common in respect of a fine, without being a legal person.
The conjugal partnership, and other estates that self-employed workers are represented by any of its participants, if they are demanding. If you are sued, the representation lies in the totality of those who are part of it, being of the application, in this case, the article 93.
If you are not known to one or more of the members of the heritage autonomous, they are subject to the provisions of article 435.
Which appears as a respondent, and hidden that the rights discussed belongs to a heritage self of which it is part, is punishable by a fine of not less than ten nor more than fifty Units of Reference in the proceedings, without prejudice to the provisions of article 4.
* Article amended by the following devices:
1. DL 861published on October 22, 1996 (link: lpd.pe/24vAP).
2. Law 26827published on June 29, 1997 (link: lpd.pe/k9zY5).
Article 66.- Lack, absence, or incapacity of the representative of the person with the ability to exercise restricted*
In case of lack, absence, or incapacity of the representative of the person with the ability to exercise restricted, the following rules apply:
1.- When the person with the ability to exercise restricted not have a legal representative or it is absent, and the need arises to appear in a process, it will expose it thus to the Judge, to be appointed a guardian ad litem or confirm designated by him may, if it considers suitable.
2.- When the demand is directed against a person with the ability to exercise restricted that lacks a representative or the spouse is absent, the Judge will appoint a guardian ad litem or confirm the nominee by the person with the ability to exercise restricted, if it considers suitable.
3.- The Judge will appoint guardian ad litem for the person with the ability to exercise restricted that it intends to sue his or her legal representative, or to be sued for it, or confirm the proposed by the person with the ability to exercise restricted, if it were ideal.
4.- We will proceed to the appointment of a guardian ad litem when the Judge warned the appearance of a conflict of interest between the person with the ability to exercise and restricted its legal representative, or confirm the nominee by the person with the ability to exercise restricted.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 67.- Representations of foreign legal persons
Persons and foreign legal entities, their branches, agencies or establishments that carry out activity in Peru, are subject to the same requirements on the representation that the law points to legal persons, nationals, other international convention or otherwise.
Chapter III: Proxy judicial
Article 68.- Designation of proxy judicial*
Who has the capacity to appear by himself to process and dispose of the rights in it are discussed, may appoint one or more proxies. If there are several, what will be alike and each one of them assumes the responsibility for the procedural acts that perform.
It is not valid for the designation or performance of guardians, sets, except for the acts of burglary, transaction or withdrawal.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 69.- Guardians of the entities of public law
The State and other entities of public law, including constitutional bodies, autonomous, can appoint attorneys for special processes to which they are parties, whenever they consider it appropriate by reason of the specialty, importance of the subject matter discussed, distance, or similar circumstances, according to the relevant legislation.
Article 70.- Requirements of the agent
The person appointed as a proxy, you must have the capacity to appear by themselves in a process.
Article 71.- Acceptance of the power
The power is presumed to be accepted by their exercise, except as provided for in article 73.
Article 72.- Classes of power in response to the formality employed*
The power to litigate can be granted only by deed or by record before the trial Judge, unless otherwise provided by the different legal.
For their effectiveness, procedural, the power does not need to be recorded in the Public Records.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 73.- Power granted in the foreign
The power granted abroad, duly translated to be the case, must be expressly accepted by the attorney-in-fact written apersona as such.
Article 74.- General powers
Legal representation gives the representative powers and powers general that correspond to the represented, except those for which the law requires colleges express. The representation is understood to be granted to the whole process, even for the execution of the judgment and the collection of court fees and costs, legitimizing the representative for their involvement in the process and completion of all acts of the same, except for those that require the intervention of direct and personal in person.
Article 75.- Special powers*
It requires the granting of special powers to perform all acts of disposal of substantive rights and to demand, reconvenir, respond to claims and counter-claims, to opt-out of the process and of the claim, adhere to the claim, to reconcile, to compromise, to submit to arbitration claims controversial in the process, replace, or delegate the representation of the proceedings, and for other acts that expresses the law.
The granting of special powers is governed by the principle of literalness. There is No presumption of the existence of special powers not granted explicitly.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 76.- Proxy common*
When diverse people constitute a single part, shall act jointly. If you do not do so, the Judge will require common action or the appointment of a proxy common within ten days, under pain of it for them.
The resolution that contains the appointment is a title that proves the personality of the attorney common, which necessarily will be one of the Lawyers.
The refusal of a person to the appointment of a proxy common or continue to be represented by him, is sufficient merit to litigate separately.
The revocation of power or waiver of the attorney common, has no effect while not to appoint a new one, and it is apersone the process.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 77.- Substitution and delegation of power
The agent may substitute his or her faculties or delegating, provided that it is expressly authorized to do so.
The substitution involves the cessation of the representation without the possibility of reasumirla; the delegation empowers the delegating to revoke and resume the representation.
The performance of the proxy to substitute or delegate obliges the party represented within the limits of the powers conferred.
The formality to the substitution or delegation is the same as that used for the grant of the power.
Article 78.- Cessation of the judicial representation
Legal representation ends for the same reasons that cause the termination of the representation, or term of office. However, the performance of a procedural act for the principal, does not imply the revocation of the power, unless explicit statement in this regard.
Article 79.- Effects of the termination of the representation*
In any case of termination of representation that has its origin in the decision of the principal is able to act for himself, regardless of the cause of termination, it shall only take effect from the part to appear in the process, either by itself or by means of a new guardian, regardless of the date or manner in which the eesc has been communicated to the former.
When the cessation of the judicial representation has its origin in the decision of the attorney, for whatever reason, to take effect five days after personally notified the shareholder, or another any of their agents, under penalty of continuing the process in absentia.
In the case of the death or declaration of absence, determination of restriction of the exercise capacity of the representative or agent, removal or cessation of appointment of the legal representative of a person with the ability to exercise restricted, and similar circumstances, the proceedings are suspended for a maximum period of thirty days, as is designated representative or guardian ad litem.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Chapter IV: legal Representation by a Lawyer, Procurement, informal and Representation of diffuse interests
Article 80.- Legal representation by a Lawyer*
In the first writing to submit to the process, the interested party or their representative may grant or delegate to the Attorney that authorize the general powers of representation referred to in article 74. In these cases it is not required to observe the formalities of article 72, but that designates the address of the principal and his declaration of being instructed in the proxy granted and of its scope.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 81.- Procurement informal*
It can appear in the name of the person who does not have legal representation, provided that the following requirements are met:
1.- That the person who is to appear is prevented from doing so by itself, was absent from the country, has reason of well-founded fear or threat, whether it is a situation of emergency or of imminent danger, or any other causes analogous to and was unaware of the existence of representative with sufficient power.
2.- When the opposing party requests it, the attorney pay sufficient guarantee to the discretion of the Judge that his management will be ratified by the attempted, within two months following to appear it.
If there is no ratification, shall be closed by the process, and may order the attorney to the payment of damages, as well as the costs and costs, provided that, at the discretion of the Judge, the intervention of the informal has been manifestly unreasonable or reckless.
It is presumed with absolute character of the ratification of the administration when the person concerned to appear by itself or duly represented and not expressly disclaims the action of the attorney general. Is invalid, the ratification partial or conditional. The ratification is retroactive to the date of appearance of the procurator-general, without prejudice to the right of third parties.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 82.- Sponsorship of diffuse interests*
Diffuse interest is one whose ownership corresponds to a set of unknown people, in respect of goods of inestimable value of assets, such as the environment or cultural heritage, or historical, or consumer.
Can promote or to intervene in this process, the Public Ministry, the Regional Governments, Local Governments, local Communities and/or indigenous Communities in whose jurisdiction caused the environmental damage or the cultural heritage and the associations, or non-profit institutions that according to the Law and the discretion of the Judge, the latter by a resolution duly motivated, are entitled to do so.
The Rondas Campesinas that prove legal status, have the same right that the Peasant Communities or Native Communities in the places where these do not exist or have not went to trial.
If you promote processes related to the protection of the environment or of goods or cultural values, without the intervention of Local Governments listed in the previous paragraph, the Judge must incorporate quality of litisconsortes necessary, to apply the provisions of Articles 93 to 95.
In these cases, a synthesis of the complaint shall be published in the Official Journal El Peruano, or another that you publish legal notices in the appropriate judicial district. Are applicable to the processes of diffuse interests, the rules on cumulation subjective claims on what is relevant.
In the event that the award does not cover the demand, will be elevated, in consultation with the Superior Court. The final judgment which declares that founded the demand, will be mandatory in addition to those who have not participated in the process.
The compensation set forth in the judgment, shall be delivered to the Municipalities the District or Provincial which would have intervened in the process, so that the use in the repair of the damage caused or the conservation of the environment of his constituency.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27752published on 8 June 2002 (link: lpd.pe/0qzxr).
Chapter V: Buildup
Article 83.- Plurality of claims and people*
In a process can have more of a claim, or more than two people. The first is an accumulation objective and the second is a accumulation subjective.
The accumulation of objective and subjective can be native or successive, as proposed in the complaint or after the beginning of the process, respectively.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 84.- Connexity
There are related actions when elements are common between different claims or, at least, elements related in them.
Article 85.- Requirements of the accumulation objective*
You can earn claims in a process as long as these:
1.- Within the competence of the same Judge;
2.- Are not contrary to each other, unless they are proposed in the form of subordinated or alternative;
3.- Are tramitables in the same jurisdiction.
The following are exempt from these requirements expressly set forth in this Code and special laws.
Also are supposed to build the following:
to.- When claims are processed in a different jurisdiction, in which case, the claims accrued can be processed in the jurisdiction longer provided to any of the claims accrued.
b.- When the claims are of the competence of various Judges, in which case the jurisdiction to hear the claims accrued shall be the court of highest grade.
* Article amended by the following devices:
1. Law 29821published on December 28, 2011 (link: lpd.pe/pnbNW).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 86.- Requirements of the accumulation subjective claims*
This accumulation comes from, provided that the claims from the same title to refer to the same object or there is a connecting factor between them; in addition, you must comply with the requirements of article 85, as applicable.
When, in a process accumulate several claims of several plaintiffs or against several defendants.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 87.- Accumulation objective original*
The accumulation objective originally cannot be subordinated, alternative or accessory. It is subordinated to when the claim is submitted subject to the possibility of the proposal as the main could be dismissed; it is an alternative when the defendant chooses which of the claims are going to meet; and it is accessory when having several claims, the filing founded the main, it covers also the other.
If the defendant does not choose the pretension alternative to run, what will be the plaintiff.
If you do not demand to claims accessory, can only accumulate these up before the sanitation procedure. When the accesoriedad is expressly provided by law, are considered to be tacitly built in to the demand.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 88.- Accumulation objective successive*
The accumulation of objective succession occurs in the following cases:
1.- When the plaintiff expands its demand by adding one or more claims;
2.- When the defendant counterclaims;
3.- When either ex officio or at the request of a party, they meet two or more processes on one, so that a single statement avoid pronouncements jurisdictional opposites; and
4.- When the defendant raises the assurance of the claim in the future.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 89.- Accumulation subjective claims the original and subsequent
The accumulation subjective claims originally occurs when the demand is made by several people or is directed against several people.
The accumulation subjective claims successive occurs in the following cases:
1.- When a legitimate third party built into the process, one or more other claims; or
2.- When two or more claims brought in two or more autonomous processes, gather in a single process.
In this last case, considering the factor and the potential difference of the proceedings of the processes accumulated, the Judge may have his point in the process, reserving the right to issue a single statement.
Article 90.- Requirements and process of the accumulation of successive processes*
The accumulation of successive processes must be requested before one of them to be sentenced. The order prevents the issuance of a judgment until it is resolved in the final build.
The accumulation of successive processes is sought before any of the Judges, annexing certified copy of the complaint and the response, if any. If the order is founded, it will accrue to the one who performed the first location.
The application of accumulation confers transfer for three days. With the answer or not, the Judge will resolve according to the merit of the means of proof and accompanied with the order.
This accumulation will be declared ex officio when the processes are dealt with by the same Court.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 91.- Payout
When the Judge considers that the accumulation affects the Principle of procedural Economy, by reason of time, expense or effort, you can separate processes, which must be followed regardless, before his Judges original.
Chapter VI: Litisconsorcio
Article 92.- Litisconsorcio active and passive
There are litisconsorcio when two or more people quarrel together as plaintiffs or defendants, because they have the same claim, their claims are related, or because the judgment to be issued in respect of one could affect the other.
Article 93.- Litisconsorcio required*
When the decision to fall back into the process affects uniformly to all litisconsortes, will only be issued valid if all appear or are located, according to whether the litisconsorcio asset or liability, respectively, unless otherwise required by law.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 94.- Litisconsorcio optional
The litisconsortes practitioners will be considered as litigants independent. The acts of each one of them does not promote or harm to others, without compromising the unity of the process.
Article 95.- Powers of the Judge in respect of the litisconsorcio required*
In case of litisconsorcio necessary, the Judge can integrate the relationship of procedural summoning to a person, if the demand or the answer appears obvious that the decision to fall back into the process is going to affect.
If you lack the necessary information, it will return the demand and will require the applicant data to the site to the litisconsorte.
If the defect in the complaint or the Judge warns after issue of the notice of demand, shall suspend the processing of the process until you set the correct connection procedure.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 96.- Hearing complementary
If at the time of the integration has already been done on the hearing of evidence and any of the built-in offered evidence, the Judge shall set a day and time for a hearing complementary tests that must be performed within a period not to exceed twenty days.
Chapter VII: third-party Intervention, Extromisión and Probate litigation
Article 97.- Intervention adjuvant
Who has with one of the parties to a legal relationship, substantial, which should not extend the effects of the judgment that resolves the claims controversial in the process, but that may be adversely affected if such party is expired, you can intervene in the process as an adjuvant to it.
This intervention can be sustained even during the proceedings in the second instance.
The adjuvant can perform the procedural acts which are not in opposition to the part that helps and do not involve provision of law discussed.
Article 98.- Intervention litisconsorcial
Who is deemed holder of a legal relationship substantially to the presumably need to extend the effects of a judgment, and which for that reason was entitled to sue or to be sued in the process, you can intervene as litisconsorte of a part, with the same powers of it.
This intervention can occur even during the proceedings in the second instance.
Article 99.- Intervention exclusive principal*
Who seeks, in whole or in part, to be declared owner of the rights discussed, you can intervene by asking his demand against the plaintiff and the defendant.
This intervention shall only be admissible before the issuance of the judgment at first instance.
The exclusive act as an essential part in the process. If offered the test, it will be subject to the procedure itself from the process in which to appear, granting similar abilities to evidence the parties.
The intervention of the exclusionary suspends the process, but yes, the issue of the judgment.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 100.- Intervention exclusive property or right of first refusal
Can intervene in a process intended to recognise his right in opposition to the litigants, as a result of any precautionary measure performed on a well of your property or on which had a better right that the holder of the interim measure.
It can also intervene in a process who seeks recognition as a preferential right with respect to what obtained in the forced execution.
The interventions described in this Article shall be dealt with according to the provisions of Sub-Chapter 5, Chapter II, Title II, SECTION five of this Code.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 101.- Requirements and process common interventions*
The third party must invoke legitimate interest. The application will have the formalities referred to the demand, as applicable, and must be accompanied by the evidence relevant.
The Judge will declare the origin or deny the plane order of intervention. In the first case, giving effect to the requests of legitimate third party. It is only appealable resolution that denies the intervention. The speakers are incorporated into the process in the state in which this is present at the time of its intervention.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 102.- Civil complaint
The defendant who believes that another person, in addition to him or in his place, have any obligation or liability on the rights discussed, you should speak with your name and address, so that you are notified of the start of the process.
Article 103.- Process and effects of the complaint
If the Judge considers the complaint, will summon the respondent with the formalities laid down for the notification of the complaint, giving it a period not exceeding ten days for intervening in the process, which will be suspended from that supported the complaint until it is located to the defendant.
Once located, the defendant will be considered as litisconsorte of the complainant and shall have the same powers it.
The judgment will, when applicable, on the substantial relationship between the complainant and the respondent.
Article 104.- Assurance of claim future
The party that considers it has the right to demand from a third party any compensation for the harm or damage that could cause the outcome of a process, or the right to claim against the third party what you should pay in execution of a sentence, you can request the location of the third, with the object in the same process is resolved in addition to the claim that he had against him.
The call is subject to the procedure and effects provided for in article 103.
Article 105.- Call of possession*
Who is having a good in the name of another, is sued as a holder of him, he should put it in the response to the complaint, specifying the address of the holder, under penalty of being convicted in the same process to pay compensation for the damages that their silence caused to the plaintiff, in addition to the fine provided for in article 65. For the location of the holder designated shall follow the procedure described in article 103.
If the above appears and acknowledges that it is the holder, replace the defendant, who will be left out of the process. In this case, the Judge will base with the demand from the holder.
If the above does not appear, or making it denies its quality of owner, the process will continue with the defendant, but the judgment shall take effect in respect of the latter and of the holder designated by him.
The standards in this article is applicable to who was sued as a fork of a well, when the holding is in another person.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). This D-L indicates which amends article 106; however, due to errata, it specifies that the amendment is section 105.
Article 106.- Call in the event of fraud or collusion
When at any stage of the process of presumption of fraud or collusion between the parties, the Judge, of his own motion, shall order the summons of the people that can be affected by a project, in order to enforce their rights. For this purpose, the Judge may suspend the process for a period not to exceed thirty days.
Article 107.- Extromisión
Exceptionally, at any time the Judge by resolution duly motivated, can be separated from the process to a legitimate third party, on the grounds that the right or interest that legitimizes has disappeared or that you have checked your absence.
Article 108.- Succession procedural*
By the succession procedure a subject takes the place of another in a process, to replace him as holder assets or liabilities of the law discussed. We report the succession procedure when:
1.- Deceased person that is a party to the process, is replaced by his successor, unless otherwise required by law;
2.- Upon termination or merge a legal person, its successors in rights discussed appear and continue the process;
3.- The taker by an act between living of a law discussed, it happens in the process to the transferor. If objection is made, the alien remains in the process as litisconsorte of its successor; or
4.- When the term of the rights discussed expires during the process and the subject that acquires or retrieves the right, it happens in the process they lost it.
In the cases of subsections 1 and 2, the lack of appearance of the successors, determined to continue the process with a guardian ad litem.
Will void the activity procedure that is performed after one of the parties lost the ability or ownership of the rights discussed, provided that such act may be generated helplessness. If after thirty days does not appear the successor to the process, the Judge must appoint a guardian ad litem, ex officio or at the request of a party.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Chapter VIII: Duties and responsibilities of the parties, their attorneys, and their proxies in the process
Article 109.- Duties of the parties, Lawyers and attorneys
These are duties of the parties, Attorneys and proxies:
1.- Proceed with truthfulness, honesty, loyalty, and good faith in all their actions and interventions in the process;
2.- Not to act recklessly in the exercise of their procedural rights;
3.- Refrain from using expressions descomedidas or rages in its operations;
4.- Save all due respect to the Judge, the parties and the auxiliaries of justice;
5.- Go to the Judge when this quote, and to abide by their orders in court proceedings; and
6.- Pay the Judge for their diligent contribution to the proceedings, under threat of being sanctioned for misconduct with a fine of not less than three nor more than five Units of a Reference Procedure.
Article 110.- Liability of the parties, their Lawyers, their agents and third parties legitimized
The parties, their Lawyers, their guardians, and the legitimate third party liable for the damages they cause with their procedural actions vexatious or in bad faith. When in the process you see the evidence of such conduct, the Judge, regardless of the costs that apply, impose a fine of not less than five nor more than twenty Units of a Reference Procedure.
When you cannot identify the cause of the damage, the liability is joint and several.
Article 111.- Responsibility of Lawyers
In addition to the provisions of article 110, when the Judge believes that the Lawyer is acting or has acted with recklessness or bad faith, shall send a copy of the proceedings thereon to the Presidency of the Superior Court, the Public prosecutor and the relevant bar Association, to the sanctions that could have instead.
Article 112.- Recklessness or bad faith*
It is considered that there has been recklessness or bad faith in the following cases:
1.- When it is manifested by the lack of legal basis of the claim, defense or medium impugnatorio;
2.- When knowingly alleging facts that are contrary to reality;
3.- When you subtract, mutilate, or disable any part of the record;
4.- When you use the process or procedural act for purposes of clearly illegal or purposes malicious or fraudulent;
5.- When you obstruct the performance of evidence; and
6.- When by any means hindrance repeatedly the normal development of the process;
7. When for reasons that are unjustified by the parties do not attend the hearing generating delay.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26635published on June 23, 1996 (link: lpd.pe/2rgYm).
TITLE III: PUBLIC MINISTRY
Article 113.- Powers
The Public Ministry exercises the following powers:
1.- As part;
2.- As a third party with interest, when the law stipulates that you cite; and,
3.- As dictaminador.
Article 114.- Opinion
When the law requires tax opinion, this will be informed.
Article 115.- Deadlines
The representatives of the Public Ministry shall comply with the time limits set out in the law, under the responsibility.
When the law does not set term for a particular act, it shall not be greater than that which corresponds to the Judge.
Article 116.- Opportunity
The opinion of the Public prosecutor, in cases where appropriate, will be issued after performed the evidence and before the issuance of a judgment.
Article 117.- Causal excusación and abstention
The representatives of the Public prosecutor should recuse himself or refrain from intervening in the process because of the reasons that affect to the Judges. May not be challenged.
Article 118.- Responsibility
The representative of the Public Ministry is responsible and civilly liable if, in the exercise of its functions, acts with negligence, wilful misconduct or fraud. The process is subject to the procedure that corresponds to the civil liability of Judges.
THIRD SECTION: ACTIVITY PROCEDURE
TITLE I: THE FORM OF THE PROCEDURAL ACTS
Chapter I: procedural Acts of the Judge
Article 119.- The form of the procedural acts
In the resolutions and proceedings do not use abbreviations. The dates and the amounts are written with letters. References to legal provisions and identity documents can be written in numbers. The words and phrases wrong to not be deleted, but will be overridden by using a line that allows for their reading. At the end of the text will include the cancellation. It is prohibited to interpolate or to juxtapose words or phrases.
Article 119-A. - the Right to process adjustments*
All procedural act must be accessible to the parties. Persons with disabilities are entitled to reasonable adjustments and settings of procedure, according to your requirements, to facilitate their participation in all judicial proceedings.
* Article incorporated by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 120.- Resolutions
The procedural acts through which it drives or decides the interior of the process or puts an end to it, can be decrees, writs and judgments.
Article 121.- Decrees, writs and judgments
By the decrees are driving the development of the process, providing procedural acts in simple step.
By the car the Judge decides the admissibility or rejection of the claim or counter-claim, sanitation, break, conclusion, and the forms of conclusion of the special process; the concesorio or denegatorio media impugnatorios, admission, denial, or modification of precautionary measures, and the other decisions that require motivation for his decision.
By the judgment, the Judge puts an end to the instance or the process in short, acting on a decision, express, precise and motivated on the controversial issue by declaring the right of the parties, or, exceptionally, on the validity of the relation of the proceedings.
Article 122.- Content and subscription resolutions*
The resolutions contain:
1.- The indication of the place and date of issue;
2.- The order number that corresponds to them in the file or binder in which it is issued;
3.- The mention of successive points on the subject of the resolution with the considerations, in sequential numerical order, of the factual basis behind the decision, and the respective law with the appointment of the standard or standards applicable at each point, according to the merit of the action taken;
4.- The expression clear and accurate picture of what you decide, or orders, in respect of all the points at issue. If the Judge denied a request by the lack of any requirement or for an appointment misunderstanding of the rule applicable to your criteria, you must expressly indicate requirement is missing and the corresponding standard;
5.- The deadline for compliance, if applicable;
6.- The costs and costs and, if appropriate, of fines; or the release of your payment; and,
7.- The subscription of the Judge and of the Auxiliary court of the respective order.
The resolution that does not comply with the requirements set out above shall be void, unless the judgments, which do not require the signed in subsections 3, 5 and 6, and the auto-expressed in subsection 6.
The judgment required in their drafting the separation of its parts exhibition, considerativa and problem solving.
In the first and second instances as well as in the Supreme Court, the cars carry a half signature and judgments by the full signature of the Judge or Judges, if it is a collegiate body.
When the courts collegiate issued car, it will only be necessary compliance and signature of the number of members who make a relative majority.
The decrees are issued by the Auxiliary jurisdictional respective and will be signed with his full signature, except for those issued by the Judge within the audience.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27524published on October 6, 2001 (link: lpd.pe/2D58R).
Article 123.- Res Judicata*
A resolution acquired the authority of res judicata when:
1.- Come not against it other means impugnatorios that are already resolved; or
2.- The parties expressly waive their right to sue media impugnatorios or allowed to elapse deadlines without formulating.
The res judicata only reaches to the parties and to those who they derive their rights. However, it may extend to third parties whose rights depend on those of the parties, or to third parties whose rights depend on those of the parties, if they had been cited with the demand.
The resolution, which acquired the authority of res judicata is immutable, without prejudice to the provisions of Articles 178 and 407.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 124.- Maximum time limits for issuing resolutions
In the first instance, the decrees were issued to two days presented the writing that motivates them and the cars within five business days counted from the date on which the process is streamlined to be resolved, except different layout of this Code. The sentences will be issued within a maximum period laid down in each jurisdiction counted from notice of the resolution declaring the process expedited to be resolved.
In the second instance, the time limits shall be subject to the provisions of this Code.
The time limits in the Supreme Court, are subject to the provisions of this Code on the appeal.
The delay in issuing the resolutions will be punished for disciplinary reasons by the hierarchical superior shall, without prejudice to the responsibilities that are additional to those that may have taken place.
Article 125.- Numbering
Court decisions shall be numbered correlatively in the day of his expedition, under the responsibility.
Article 126.- Indelegabilidad
The Judge will personally attend to the law Office, during the hours set by the law.
Article 127.- Performances
The Judge shall conduct its proceedings and shall order the parties, their agents and Attorneys to observe the legal provisions.
Article 128.- Admissibility and Origin
The Judge declares the inadmissibility of a procedural act when it lacks a formal requirement or meets malfunctioning. Declares its irrelevance if the omission or defect is of a substantive requirement.
Chapter II: procedural Acts of the parties
Article 129.- Consequences
The procedural acts of the parties, have as their object the creation, modification or extinction of rights and load process.
Article 130.- The form of the written*
The writing that is present the process is subject to the following regulations:
1.- It's written on typewriter, or other technical means;
2.- Is kept in white a space of not less than three centimeters to the left margin and two on the right;
3.- It is written by a single hand and double-spaced;
4.- Each interested numbered correlatively his writings;
5.- Is sumillará the order at the top right;
6.- If the writing has attachments, they will be identified with the number written followed by a letter;
7.- Using the castilian language, unless the law or the Judge, at the request of the parties, authorizing the use of the quechua or aymara;
8.- The writing will be clear, short, precise and addressed to the trial Judge and, if that is the case, we will refer to the number of the resolution, written or annex is acknowledged; and,
9.- If the writing contains otrosíes or similar formulations, they must contain orders independent of the main.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 131.- Signature*
The writings will be signed, under the date, part, legitimate third party or Attorney who presents it. If the part or legitimate third party does not know how to sign, put your fingerprint, which will be certified by the Assistant court of the respective order.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 132.- Defense captive
The writing must be authorized by a Lawyer with clear indication of their name and registration number. Otherwise you will not be given pending.
Article 133.- Copy of written and annex*
In the case of briefs and appendices must fall some of the resolutions referred to in article 157, those who submit must accompany so many simple copies of both as stakeholders need to be notified.
The Auxiliary jurisdictional shall verify the compliance and readability of the copies. If you do not find it agreeable, order your replacement within twenty-four hours, on pain to be not filed the written statement.
All claims about the suitability of the copies shall be resolved by the Judge in the day, by resolution inimpugnable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 134.- Delivery of copies
In the act, be notified to the respective resolution, it will be delivered to the opposing party of the copies referred to in the first part of the article 133.
Article 135.- Acknowledgement of receipt*
The part or legitimate third party may require that the auxiliary of justice will return a stamped copy of the notice and its annexes, with indication of the date and time of your presentation.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TITLE II: FORMATION OF THE DOSSIER
Article 136.- Records
The Auxiliary courts are responsible for the formation, preservation and security of the records. Take care, also, of the sequential numbering and without interpolation of the folios, which records that contain judicial proceedings are signed by the Judge and by those who are involved in them, bearing witness of the truthfulness of their contents, and the other responsibilities that the law points out to them.
The interpolation in the sequential numbering is only appropriate for resolution authoritative Judge and under its responsibility.
Article 137.- Custody of records*
The record is retained regularly in the office of the Clerk of Court or of the Secretariat of the Room or in the office of the Judge. The record may be transferred to a different place only in the cases provided for by law or by resolution of authoritative Judge, with the appropriate time frame.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 138.- Examination of the car
The parties, their Attorneys, and their agents may examine the court records on the premises in which are preserved, and can take note of its content.
Article 139.- The issue of copies*
The Secretaries of the Room, and Judged deliver simple copies of the minutes of the court proceedings concluded actors in them on request. In any instance, upon request and payment of the fee concerned, the Judge will order the issuance of certified copies of the papers that may be required.
The resolution ordered the issuance of certified copies shall specify the state of the process, and will form part of the copies that are delivered. In the same resolution, the court may order the issuance of certified copies of other pages.
The process is completed, any person may request certified copies of pages of a file. The Judge may deny the order in attention to the nature very personal matter controversial.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 140.- Recomposition of records
In case of loss or theft of a record, the Judge will order a preliminary investigation with knowledge of the Office of Control of magistrates of the Judiciary. Be the case, order your recomposition of its own motion or at the request of a party, leaving them forced to surrender within the third day, copies of statements and resolutions in their possession. The term expires, and with copies of the actuated in his power, the Judge will be evident for a period of two days, after which declare recomposed the record.
If the appearance of the file, will be added to the remade.
TITLE III: TIME IN THE PROCEDURAL ACTS
Article 141.- Days and hours
The proceedings are practiced promptly on the day and time business listed, without admissible delay.
Business days are falling between Monday and Friday of each week, except holidays.
Are the business hours determined by the Organic Law of the Judiciary.
For the activities that need to be taken out of the law office, are working hours that are between seven and twenty hours, unless otherwise agreed by the Executive Council of the Judiciary.
Article 142.- Rating
Ex officio or at the request of a party, the Judge may enable days and hours on those cases that can not be a judicial proceeding within the time period that this Code sets or in the case of urgent measures which, if delayed, it may affect one of the parties.
Article 143.- Enabling implied
The legal action initiated on the day and time days, you will be able to continue to its conclusion in time a non-business day, without the need of a previously announced enablement.
Article 144.- Action deferred
When the judicial action required more time than anticipated, you will be suspended to its continuation on the next business day, or where the Judge set. This decision will be recorded in the minutes.
Article 145.- Serious misconduct
Incurs in serious misconduct by the Judge who, without justification, fails to hold the judicial proceeding in the specified date, or within the legal time limit concerned.
Article 146.- Urgency of the term
The time limits provided for in this Code are mandatory. May not be carried forward by the parties with respect to certain procedural acts. The same rule applies for the term of the court. In the absence of legal term, it is determined by the Judge.
Article 147.- Computing
The term is counted from the day following the date of notification of the resolution that is set and, if it is common, since the last notification.
Not considered for the computation of the non-working days.
Between the time of notification to a procedural action, and must take at least three business days, unless a different layout of this Code.
TITLE IV: SERVICES AND EEW
Article 148.- Crafts to other authorities and public officials*
At the end of the process, the Judges are addressed through office public officials who are not party to it.
The communication between Judges is also made using craft or by electronic notification according to what is regulated in the Law 30229 as applicable, having the same validity. The electronic notification, a record of such fact in the record, annexing the report attesting to the receipt of the communication, the date that will be considered for the calculation of the time limits to which it is entitled.
* Article amended by the Law 30293, published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 149.- Processing and certification of the shipment of the trade*
The office shall be sent by fax, official, or other means. The Secretary respective added to file the original of the office and shall certify the date of referral.
When the procedure is not performed via facsimile, the officer shall deliver the original to the person concerned, by leaving a copy of it on the record, with the certification of your delivery date.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 150.- Offices abroad
The Judges are directed to foreign public officials and members of embassies or consulates peruvians abroad, through the Ministry of Foreign Affairs and in accordance with the provisions of the international conventions and the law.
Article 151.- Eew
When a legal action must be practiced outside of the territorial jurisdiction of the trial Judge, this will your compliance to which it corresponds, by warrant. The Judge urged them have attribution to apply, ex officio, the constraints that allows this Code.
The warrant may be directed to the consulates of Peru, who have the same powers of Judge, except for the use of constraints.
Article 152.- Content of the urge
The warrant contains the written request, the resolution ordering the necessary parts for the judicial proceeding and the motion in question.
Article 153.- To process the urge
The eew is processed and returned via fax, official. The original documents are kept in the possession of each Judge, forming part of the record in a case, and being added to the archive of the Judge exhorted in the other.
When using the facsimile is not possible, the originals are dealt with by official mail.
Article 154.- Intervention of the parties
The parties or their Attorneys may intervene in the proceedings matter the plea, pointing to the effect of the residence.
TITLE V: NOTIFICATIONS
Article 155.- The subject of the notification
The act of the notice aims to inform stakeholders of the content of judicial decisions. The Judge, in a reasoned decision, you can sort that notifies to anyone outside the process.
Judgements only produce effects in virtue of a notification made pursuant to the provisions of this Code, except in cases expressly excepted.
Article 156.- [Repealed]*
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was repealed by the Law 27524published on October 6, 2001 (link: lpd.pe/2D58R).
Article 157.- The notification of court judgments*
The notification of court decisions, in all instances, it is done electronically through boxes electronic implemented, in accordance with what is established in the Orderly Unique Text of the Organic Law of the Judiciary, adopted a Decree by Supreme 017 - 93-JUS, with the exceptions set forth therein.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26808published on June 15, 1997 (link: lpd.pe/kjgJg).
3. Law 27524published on October 6, 2001 (link: lpd.pe/2D58R).
4. Law 30229published July 12, 2014 (link: lpd.pe/pJJze).
Article 158.- Content and delivery of the certificate*
The form of the writ is subject to the format that secures the Executive Council of the Judiciary.
In other cases, and considering the progressive implementation of electronic reporting to be determined in each specialty the Executive Council of the Judiciary, the writ is delivered only in the box corresponding physical attorney's sponsor in the office of boxes court of the judicial district or the college of lawyers of the respective order. To this effect, the attorney sponsor, you must have the appropriate check box.
This provision does not apply to the cases in which is not required for defense captive or the litigant apersone the process without an attorney.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 159.- Service of the summons
The certificates will be sent to the office of the notification within twenty-four hours of issuance of the resolution, must be diligenciadas and returned in the manner and within the time limits prescribed in the regulations applicable.
Article 160.- Delivery of the summons to the person concerned
If the notification is made by the writ, the officer or employee in charge of the practice gives the applicant a copy of the writ, stating, with your signature and the date and time of the event. The original is added to the record with a note of what is acted, place, day and hour of the act, which was signed by the notifier and the interested party, except that it refuses or is unable to sign, which will be recorded.
Article 161.- Delivery of the writ to different people
If the notifier will not find the person who will notify the resolution supported by the demand, you will notice that you wait for the day indicated on it with the object of notice. If not found in the new date, we will deliver the card to the capable person who is in the home, apartment, or office, or the manager of the building, proceeding in the manner provided for in article 160. If you are unable to deliver it, the stick in the door of access corresponding to the locations listed above or leave it under the door, as the case may be.
This standard applies to the notification of the resolutions referred to in article 459.
Article 162.- Notification by commission*
The notification to the one who found outside of the territorial jurisdiction of the court within the country is done by the central notifications from the district court for the address where it is performed such an act by the notification service, that has been contracted, without prejudice of the Judge to provide a means of such notification different. The Judiciary may establish, in these cases, mechanisms for the digital certification of the documentation submitted. If the party notified is out of the country, the notification is performed by urge you, which is processed through the courts of the country in which you reside or by the diplomatic or consular representative of Peru in this.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 163.- Notification by telegram, or facsimile, email, or other means*
In the case of Article 157, unless the transfer of the claim or counter-claim, subpoena for deposition and the sentence, the other resolutions may, at the request of a party, be notified, in addition, by telegram, facsimile, email, or other suitable means, provided that the same might confirm its receipt.
The e-mail notification will be made only to the party that requested it.
The expense for the realization of this notification are included in the condemnation of the costs.
* Article amended by the Law 27419published on February 7, 2001 (link: lpd.pe/2GXEE).
Article 164.- Service of the notice by facsimile, email, or other means*
The document to the notice by facsimile, email, or other means, will contain the data of the identity card.
The facsimile or other means shall be issued in duplicate, one of which will be delivered to your shipping and low proof to the interested party by the secretary concerned, and the other with your signature will be added to the record. The date of the notification will be the consistency of the delivery of the facsimile to the recipient. In the case of e-mail, it will be, where possible, of the form described above, letting herself be recorded in the record of the copy delivered to your shipping, annexing also the corresponding technical report confirming your shipping.
The Executive Council of the Judiciary may provide for the adoption of a uniform for the drafting of these documents.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27419published on February 7, 2001 (link: lpd.pe/2GXEE).
Article 165.- Notification by edicts
The notice to you by posting notices shall in the case of persons uncertain, or whose place of residence is unknown. In this latter case, the party must state under oath or promise that has exhausted the efforts to know the address of the person to whom it is to be notify.
If the statement is false test or proves that he could know using the diligence normal, will void all acted, and the Judge will condemn the party to the payment of a fine of not less than five nor more than fifty Units of a Reference Procedure, which shall be imposed according to the nature of the claim and the amount of the process.
Article 166.- Special notice for edicts
If you should be notified of more than ten people who have a common law, the Judge, at the request of a party, order will notify you by posting notices. In addition, it will make the regular notification that corresponds to a number of litigants that are in proportion of one for every ten or fraction of ten, preferring to have appeared.
Article 167.- Notification by edicts*
The publication of the edicts is done on the official website of the Judiciary. If this is not possible by the technological conditions or distance from the court, the decree is published in the newspaper of largest circulation in the constituency. In the absence of newspapers, the publication is made in the town next to any, must be also set the edict in the table of the Court and the sites that ensure wider dissemination.
In all cases, the publication must be made for a period of three business days to credit your accomplishment, adding to the record the record of web publication issued by the specialist or the clerk of the court in question and the printing of the publication in the institutional portal or, if the case, the first and the last issue of the publications in the newspapers.
* Article amended by the Law 30293, published on December 28, 2014 (link: lpd.pe/0K5K8)
Article 168.- The form of the edicts
The edicts shall, in synthesis, the same requirements of the certificate, with the transcript summary of the resolution.
The publication will be made by three business days, unless this Code to set different number.
The resolution will be notified on the third day after the last publication, unless otherwise required by law.
The Executive Council of the Judiciary may provide for the adoption of a uniform for drafting edicts.
Article 169.- Notification for broadcasting
In all cases in which this Code authorizes the publication of the edicts, ex officio or at the request of a party, the Judge may order in addition to broadcasting.
The transmissions will be made by an issuer official or determined by the Executive Council of each Superior Court. The number of times that you post will be corresponding with the number in respect of the notification by edicts. This notification will be credited by adding to the file affidavit issued by the company's radio station, where will the text of the advertisement and the days and hours that went viral.
The resolution will be notified the following day of the last radio broadcast.
The expenses that requires you to this notification are included in the costs.
Article 170.- Nullity unfounded
To be firm resolution that declared unfounded the nullity of a notification, the notification takes effect from the date on which it was made.
TITLE VI: NULLITY OF THE PROCEDURAL ACTS
Article 171.- Principle of Legality and importance of nullity
The nullity is sanctioned only for cause stated in the law. However, it can be declared when the procedural act in the absence of the indispensable requirements for obtaining your purpose.
When the law prescribes a formality given without the sanction of nullity for the performance of a procedural act shall be valid if, having done another way, it has fulfilled its purpose.
Article 172.- Principles of Validation, Correction or Integration*
In the case of faults in the notification, the nullity is validated if the trial proceeds in a manner that demonstrates you have taken knowledge appropriate to the content of the resolution.
There is also recognition when the procedural act, however the lack of any formal requirement, it achieves the purpose for which it was intended.
There is recognition tacit when the power to raise the invalidity does not make your order at the first opportunity that I had to do it.
There is not a nullity if the correction of a defect does not influence the meaning of the resolution or in the consequences of the procedural act.
The Judge can integrate a resolution before your notice. After the notification, but within the time that the parties have to appeal the decision, ex officio or at the request of a party, the Judge can integrate it when you have omitted decision on a main point, or accessory. The term for appeal against the resolution integrated is computed from the date of notification of the resolution that the integra.
The chief Judge can integrate the decision appealed from where there are the assumptions of the previous paragraph.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 173.- Extension of the nullity
The declaration of invalidity of a procedural act is not enough to the previous nor to the subsequent ones that are independent of that.
The invalidation of a part of the procedural act does not affect the others are independent of it, or prevents the production of effects for which the act is perfect, except as otherwise expressly provided.
Article 174.- Interest to request the annulment
Formulates nullity has prove to be harmed with the procedural act vitiated and, in his case, to specify the defence that failed to perform as a direct consequence of the procedural act questioned. In addition, be credited with self-interest and specific with regards to your order.
Article 175.- Inadmissibility or denial of the order of invalidity
The order of nullity shall be declared inadmissible or irrelevant, as applicable, when:
1.- Made by who has incited, allowed or given rise to vice;
2.- Based on causal not provided for in this Code;
3.- The case of issue previously resolved; or
4.- The invalidity has been cleaned, validated or corrected.
Article 176.- Opportunity and processing
The order of invalidity is formulated at the first opportunity that the injured party had to do before the judgment. Sentenced the process in the first instance, can only be invoked explicitly in the written sustentatorio of the appeal. In the first case, the Judge will resolve prior to transfer for three days; on the second, the Chamber of Civil resolved by hearing the other party in the car of a special resolution or at the time of successful completion of the degree.
Annulments by vices that occurred in the second instance, will be made at the first opportunity that you have had the interested to do so, and should the living Room to deal with them in a flat or hearing to the other party.
The Judges only be declared ex officio annulments insubsanables, by reasoned decision, reinstating the process to the appropriate status.
Article 177.- Content of the resolution declaring the nullity
The resolution, which declares the nullity ordered the renewal of the act or procedural acts affected and the effective measures to this end, imposing the payment of the costs and costs to the party responsible. At the request of the aggrieved, the judgment may order compensation for the corresponding person of the damage caused by the invalidity.
Article 178.- Nullity of res Judicata Fraudulent*
Until within six months of executed or to have acquired the quality of res judicata, if he be not executable may be sued, through a process of knowledge of the invalidity of a sentence or the agreement of the parties approved by the Judge that put an end to the process, claiming that the process that originates has been followed with fraud, or collusion, affecting the right to due process, committed by one or both parties, or by the Judge or by it, and those.
You can sue for the annulment of the part or the third party unrelated to the process that is considered directly aggrieved by the judgment, according to the principles established in this Title.
In this process only can be granted precautionary measures eligible for entry.
If the decision was annulled, sit things to the appropriate status. However, the invalidity shall not affect third parties in good faith and for valuable consideration.
If the claim was not covered, the plaintiff shall pay the costs and costs bent and a fine of not less than twenty units of a reference procedure.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27101published on may 5, 1999 (link: lpd.pe/0AvQR).
TITLE VII: JUDICIAL ASSISTANCE
Article 179.- Holder of Relief*
Be granted legal assistance to natural persons for cover or guarantee the expenses of the process, endanger their livelihood and that of those they depend on.
* Article replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
Article 180.- Requirements of Relief*
The relief may be requested before or during the process by filing in the dependency court concerned, request in formats approved by the governing Body and Management of the Judiciary. The request for judicial assistance has the character of an affidavit and approval complied with the requirements of Article 179 of this Code, is automatic.
* Article replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
Article 181.- Procedure*
Obtain judicial assistance shall be notified of such fact to the judge that I should be aware of the process or get to know it, through the presentation of a written shall include the certificate of approval of the request referred to in the previous article and the proposal for the appointment of counsel attorney. The Judge will take knowledge and will process the indicated documentation in a separate notebook. The request for assistance does not suspend the processing of the main.
* Article replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
Article 182.- Effects of Relief*
The aid is exempt from all the costs of the process. The order of relief before the demand suspends the limitation period, unless provided, within thirty (30) days of notification without whom the application is made.
A copy of the request for judicial assistance shall be forwarded by the judicial unit corresponding to the Superior Court of said District Court. Periodically there will be a check later and random requests for judicial assistance filed across the country in order to verify the veracity and validity of the information declared by the applicant. Against the result of this control is not applicable any means impugnatorio.
In case of detecting that the information provided does not correspond to the reality in whole or in part, the unit shall be notified of such fact to the Judge to proceed in accordance with the second paragraph of Article 187.
* Article replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
Article 183.- Guardian of the assisted*
Having taken knowledge of the approval of the judicial assistance, the Judge, by resolution, you will have access to the request of the interested party designating the attorney who will act as your proxy.
Otherwise, the Judge will appoint a proxy, by choosing it from the list that the Association of the bar of the seat of the Court shall send to the Presidency of the same. Any lawyer is obligated to sponsor more of three processes with Judicial Assistance to the year.
The fees of the attorney are set by the Judge. Are fully covered by the loser, if not assisted. If this were to be the loser, is paid by the College concerned.
If the agent does not reside where you are going to continue the process, is of second instance or court of cassation, the court officer will appoint a substitute. The same thing will happen if the proxy to change place of residence.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
Article 184.- Impairment, objection and withdrawal of the agent
The proxy should abstain if it is found to fall within one of the grounds of disability or challenge applicable to the Judge. The disability or disqualification of the attorney will manifest within three days of notification of the appointment, accompanied by the evidence. The Judge will resolve plane, and its decision inimpugnable.
Article 185.- Powers of attorney
The guardian has the powers of the guardian ad litem and shall grant you the aid. Without prejudice to the foregoing, the proxy may delegate representation in other Lawyer, under his responsibility.
Article 186.- The responsibility of the proxy*
The wilful misconduct or negligence in the exercise of its functions, constitute serious misconduct of the agent against the professional ethics. If there is such a fact, the Judge shall notify the bar Association, without prejudice to impose a fine of not less than five nor more than twenty Units of Reference in the proceedings, which will be shared equally between the assisted and the Judiciary.
Article 187.- End of the relief during the process.*
In any state of the process, if you stop or change the circumstances that led to the granting of mutual legal assistance, the aid must report such fact to the Judge, it must, without any other formality than the knowledge of the fact indicated declare its completion.
In the case that the dependency court in charge of carrying out the checks on the orders of judicial assistance should inform the Judge of the cessation of the circumstances that led to the distress or falsity of the same, it shall declare automatically completed the relief granted and will condemn the one who obtained the judicial assistance to the payment of a fine equivalent to three times the rates set pay, without prejudice to the start of the corresponding criminal proceedings.
In addition, the Judge may declare of its own motion or at the request of a party, not aided, by the end of the Relief within the third day of the expiry of the period allowed for the presentation of the release, provided that the means of proof and accompanied with the order or the pertaining documents, credited the termination of a state of fact that led to his award without prejudice to the application of the latter part of the previous article.
In these cases, the resolution that protects the order is appealable, which it denies is appealable [and] who formulated it will be condemned to the payment of costs and the costs of the procedure and to a fine of not more than one unit of the reference procedure.
* Article replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
TITLE VIII: EVIDENCE
Chapter I: general Provisions
Article 188.- Purpose
The evidence intended to prove the facts as presented by the parties, to produce certainty in the Judge in respect of the disputed points and to base their decisions.
See jurisprudence here.
Article 189.- Opportunity
The evidence must be offered by the parties in the acts postulatorios, except different layout of this Code.
Article 190.- Relevance and irrelevance*
The evidence must relate to the facts and to the custom as it underpins the claim. Those who do not have that purpose, shall be declared inadmissible by the Judge.
They are also inadmissible the evidence which tend to establish:
1.- Facts are not controversial, impossible, or that be notorious or public evidence;
2.- Facts asserted by a party and supported by the other in response to a demand, counterclaim, or in the hearing of the fixing points at issue.
However, the Judge may order the performance of evidence when it is rights restricted or presumption of intent or fraud procedural;
3.- The facts that the law presumes without admitting proof to the contrary; and
4.- The national law, which must be applied ex officio by the Judges. In the case of the foreign law, the party who invokes it must perform acts intended to prove the existence of the foreign law and its meaning.
The statement of denial will be made by the Judge in the hearing of the fixing points at issue. This decision is appealable without suspensive effect. The medium of test will be performed by the Judge if the parent revokes its resolution prior to the issuance of a judgment. In the opposite case, the higher the act before sentencing.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 191.- Legality
All the evidence, as well as their substitutes, even if they are not defined in this Code, they are suitable to achieve the aim referred to in Article 188.
The substitutes of the means of proof are a complement to the obtaining of the purpose of these.
Article 192.- Evidence typical
Are the means of proof are typical:
1.- The declaration part;
2.- The statement of witnesses;
3.- Documents;
4.- Expertise; and
5.- The judicial inspection.
Article 193.- Evidence of atypical
The evidence outliers are those not provided for in article 192, and are constituted by aid technicians or scientists that allow them to achieve the purpose of the evidence. The means test atypical act and appreciate by analogy with the typical means and under whatever the Judge decides.
Article 194.- Test ex-officio*
Exceptionally, when the evidence offered by the parties are insufficient to form conviction the Judge of First or Second Instance, will direct the actions of the evidence, additional and relevant as it deems necessary to form conviction and resolve the dispute, provided that the test source has been cited by the parties in the process. With this evidence the Judge will take care not to replace the parties in their burden of proof, and must assure the law of contradiction of the test.
The resolution ordering the testing office must be duly substantiated, under penalty of nullity, being this resolution inimpugnable, subject to the limits laid down in this article.
In no instance or degree shall be declared the nullity of the judgment for not having ordered the action of the evidence ex officio.
The Judge may order in an exceptional manner the appearance of a minor with discernment to the hearing of evidence or a special.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 195.- Interpreter
The Judge will appoint an interpreter to act as evidence if the party or the witness does not understand or are not expressed in Spanish. The salary of the interpreter will be in charge of who offered it, without prejudice to what is resolved in a timely manner in terms of costs.
Article 196.- Burden of proof*
Except as otherwise provided by different laws, the burden of proof lies with whoever asserts facts that make up your claim, or who contradicts alleging new facts.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 197.- Assessment of the evidence*
All the evidence are weighed by the court in a joint manner, using your appreciation reasoned. However, the resolution will only be expressed valuations and essential determinants that underpin their decision.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 198.- Effectiveness of the test in another process
The evidence obtained validly in a process have efficacy in another. To do this, this must be indicated in the copy certified by the assistant court in question and have been performed with the knowledge of the party against whom it is invoked. You can disregard this last requirement by reasoned decision of the Judge.
Article 199.- Ineffectiveness of the test
Lack of efficacy evidence the evidence obtained by simulation, fraud, intimidation, violence or bribery.
Article 200.- Improbanza of the claim*
If the party fails to demonstrate with evidence the facts that you have stated in your claim or counterclaim, these shall not be taken to be true, and your claim will be declared unfounded.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 201.- Defect of form
The defect of form in the offering or performance of evidence does not invalidate it, if it fulfills its purpose.
Chapter II: Hearing test
Article 202.- Address
The hearing test will be conducted personally by the Judge, under penalty of nullity. Before starting, it takes each one of those invited oath or promise to tell the truth.
The formula of the oath or promise is: “do you Swear (or promises) to tell the truth ?”.
Article 203.- Citation and concurrency personal summoned*
The date fixed for the hearing is urgent and will be held in the local court. She must attend personally to the parties, the legitimate third party and the representative of the Public Ministry, in your case. The legal persons and those unable to attend through their legal representatives. The parties and third parties legitimized can attend with their attorneys.
Except different layout of this Code, only if it proves a fact serious, or justified that prevents its presence, the Judge will authorize a party to act through a representative.
If the audience attends a party, this will be only with her.
If you are not satisfied both parties, the Judge terminated the process.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26635published on June 23, 1996 (link: lpd.pe/2rgYm).
3. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 204.- The record of the hearing*
The hearing of evidence is recorded in video or audio, in support individualized to be incorporated in the record. A copy is provided to the parties, letting himself be recorded in the record of such delivery. In cases where this is not possible, it raises the respective record, which shall contain:
to.- Place and date of the hearing, as well as the file to which it corresponds.
b.- Name of the participants and, in his case, of the absent.
c. Summary of the action taken.
The operators may suggest to the Judge addition, accuracy or rectification of any incidence.
For the preparation of the minutes or recording, the secretary concerned can use any technical means to make it quickly and safely.
The minutes shall be signed by the Judge, the clerk and all parties involved. If any party refuses to sign it, it shall record the fact. The original of the certificate shall be retained in the file of the court of law, having previously the secretary to incorporate into the record copy authorized by the Judge.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 205.- Performance outside the local Courthouse*
If because of illness, old age or other reason that the Judge deems meritorious, an intervener is not allowed to appear at the local magistrate's Court, his procedural action can take place in your home, in the presence of the parties and their Lawyers if they want to attend.
When it comes to the President of the Republic, the Presidents of the Legislative Chambers, and of the President of the Supreme Court, the hearing, or only the procedural action that corresponds to them can, at your request, occur in their offices.
* Sumilla modified by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 206.- Unit of the audience
The hearing test is unique and the public. If by the time reason or another meritorious appropriate the suspension of the hearing, the hearing shall be declared by the Judge, who in the same act, shall fix the date of its continuation, except that such a provision was impossible.
If the nature of the controversial so demands, the court may order that the hearing be conducted in private.
Article 207.- Exercise capacity restricted circumstantial*
Does not participate in the hearing, at the discretion of the Judge, the one who is called that at the time of its realization is in a state of coma, in accordance with point 9 of article 44 of the Civil Code, and provided that it has not designated a support earlier.
The Judge shall take measures appropriate under the circumstances, leaving a record in the minutes of its decision.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 208.- Performance testing*
In the day and the hour fixed, the Judge declares initiated the hearing and has the performance of the tests in the following order:
1.- The experts, who summarize their findings and respond to the comments made by the parties in their written reports;
2.- The witnesses under cross-examination that the lawyers made directly, starting with the attorney of the party that had been offered. Then the questions of the lawyers, the Judge may ask questions;
3.- the recognition and display of the document;
4.- the statement of the parties, beginning with the defendant.
If you had offered a judicial inspection within the territorial jurisdiction of the Judge, shall be made at the start, along with the examination, and may be received by this and other means of proof in the place of inspection, if the Judge deems relevant. When the circumstances so warrant, the court may, in duly substantiated decision and inimpugnable, will direct performance of the judicial inspection at a special audience.
When the same evidence have been offered by both parties, it shall first of the plaintiff.
However the order indicated above, if at the hearing to be attended by both parties and by any cause could not be one of the evidence admitted, the Judge may provide for the performance of the media available. However, the performance of the statement of the parties will always be the last evidence.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
3. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 209.- Confrontation*
The Judge may order the confrontation of witnesses, including expert witnesses, and among these, those and the parties and between the same, to achieve the purpose of the evidence.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 210.- Intervention of Lawyers
The conclusion of the action of the evidence, the Judge shall give the floor to the Lawyers who request it.
Article 211.- Conclusion of the hearing
Prior to the conclusion of the hearing, the Judge shall inform the parties that the process is ready to be sentenced, stating the period within which it will.
Article 212.- Allegations*
Within common that shall not exceed five days from the conclusion of the hearing, Lawyers can file an allegation in writing, in the processes of knowledge and abbreviated.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter III: Statement of part
Article 213.- Eligibility*
The parts can be ordered reciprocally your statement. This will start with an acquittal of positions, according to the statement accompanying the complaint in a sealed envelope.
After the acquittal, the parties, through their Attorneys, and with the direction of the Judge, may be made of new questions and request clarification of the responses. During this act, the Judge may ask the parties questions as it deems appropriate.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 214.- Content
The declaration relates to facts or information of which the loan or of the defendant.
The part must be heard in person.
Exceptionally, in the case of a natural person, the Judge shall admit the statement of the attorney if you believe that you do not lose your purpose.
Article 215.- Severability
To evaluate the statement, the Judge can divide it if:
1.- Includes events, independent of each other; or
2.- We demonstrate the falsity of a part of what declared.
Article 216.- Irrevocability
The declaration part is irrevocable. The rectification of the absolvente will be appreciated by the Judge.
Article 217.- The form of the interrogation*
The interrogation is conducted by the Judge. The questions of the examination must be made of a concrete, clear and precise. The questions dark, ambiguous, irrelevant or useless, will be rejected, ex officio or at the request of a party, by resolution duly motivated and inimpugnable.
The questions relating to various facts, will be answered separately.
No statement interrogation will be over twenty questions for each claim.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 218.- Form and content of the answers
Responses must be categorical, without prejudice to the information that they were indispensable. If the interviewee refuses to give a statement or answers evasively', the Judge will require it to comply with its duty. Persisting in his conduct, the Judge will appreciate the time to resolve the behavior of the bound.
The interviewee may not use any pointed or rough draft of your answers, but it will allow you to consult their books or documents.
Article 219.- Declaration outside of the place of the process
When it comes to part that domicile abroad or outside the territorial jurisdiction of the Court, the hearing should be made by way of warrant.
Article 220.- Exemption of responses
No one can be compelled to testify about facts that met under professional secrecy or denominational and when the law can or should keep the secret.
Nor can the declarant has to be forced to answer on facts that could lead to the guilty criminal against himself, his spouse or cohabiting partner, relatives within the fourth degree of consanguinity or second of affinity.
Article 221.- Statement assimilated
The statements contained in judicial proceedings or written submissions of the parties, have as a statement to you of these, although the process is declared to be null and void, provided that the reason for the defect is not affecting them directly.
Chapter IV: Statement of witnesses
Article 222.- Fitness*
Any person able to have the duty to declare as a witness, if you do not have an excuse or not, is prohibited from doing so. Minors under the age of eighteen years can be declared only in the cases allowed by the law.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 223.- Requirements
The proposed testimony of witnesses must indicate the name, address and occupation of the same in the relevant written statement. The lack of knowledge of the occupation will be expressed by the proponent, being left to the discretion of the Judge to waive this requirement.
You should also specify the disputed fact in respect of which you must declare the nominee.
Article 224.- Action
The statement of the witnesses shall be individually and separately. Prior identification and reading of articles 371 and 409 of the Criminal Code, the Judge may ask the witness:
1.- Your name, age, occupation and address;
2.- If it is relative, spouse or cohabiting partner of any of the parties, or has friendship or enmity with them, or an interest in the outcome of the proceeding; and
3.- If you have jobs or is a creditor or debtor of any of the parties.
If the witness is proposed for both parties, you should interrogate starting with the questions of the plaintiff.
Article 225.- Limits of the testimonial statement
The witness may be questioned only on the disputed facts specified by the proponent.
Article 226.- Number of witnesses
The parties may offer up to three witnesses for each of the disputed facts. In any case, the number of witnesses for each party shall be more than six.
Article 227.- Cross-examination and contrapreguntas
The part that asks for the statement of a witness can ask cross-examination, by himself or by his Attorney. The other party may make the witness contrapreguntas, by himself or by his Attorney.
Article 228.- Order of the questions
The questions of the examination that may be prejudicial to the honour and good reputation of the witness, shall be declared inadmissible by the Judge. The same provision is applicable to the cross-examination and contrapreguntas.
Article 229.- Prohibitions*
It is prohibited to declare as a witness:
1.- The absolutely incapable, except as provided in section 222;
2.- The who has been convicted of any crime at the discretion of the Judge affecting their suitability;
3.- The relative within the fourth degree of consanguinity or third party of affinity, the spouse or cohabiting partner, except in matters of family law or who proposes to the other party;
4.- The who has an interest, direct or indirect, in the outcome of the process; and
5.- The Judge and the assistant of justice, in the process that you know.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 230.- Supplementary application
Are applicable to the statement of witnesses, as they are relevant, the provisions relating to the declaration of the part.
Article 231.- Expenses
The expenses that cause the appearance of the witness are in charge of the party that proposes it.
Article 232.- Effects of the failure to appear
The witness who, without justification, fails to appear at the hearing of evidence, shall be punished by a fine of not more than five Units of Reference in the proceedings, without prejudice to be led to the Court with the aid of the public force, on the date set by the Judge for his statement, only if deemed necessary.
Chapter V: Documents
Article 233.- Document
It's all written or object that serves to prove a fact.
Article 234.- Classes of documents*
Documents are the written public or private, to print, photocopy, facsimile, or fax, plans, charts, drawings, photographs, x-rays, tapes, film, microform, both in the form of microfilm as in the form of computer media, and other reproductions of audio or video, data transmission in general, and other objects that collect, contain or represent any fact, or a human activity or its result.
* Article replaced by the Law 26612published on may 21, 1996 (link: lpd.pe/0R7eE).
Article 235.- Public document*
It is a public document:
1.- The granted by a public official in the exercise of its powers;
2.- The public deed and other documents executed before or by a notary public, pursuant to the law on the matter; and
3.- All that to which the special laws granting of such a condition.
The copy of the public document has the same value as the original, if it is certified by the assistant court concerned, notary public or notary, as appropriate.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30161published January 28, 2014 (link: lpd.pe/pAvem).
Article 236.- Private document
It is the one that does not have the characteristics of a public document. The legalization or certification of a private document not what becomes public.
Article 237.- Document and act
Are different the document and its contents. You can survive this, although the first to be declared null and void.
Article 238.- Beginning of written test
When a writing is not produced in the Judge's conviction by itself, requiring to be supplemented by other means of proof, it is a principle of written test, provided they meet the following requirements:
1.- The writing flowing from the person who opposes, or who represents or has represented; and
2.- That the fact alleged to be believable.
Article 239.- Report
You can ask public officials to report on documents or facts. The reports are presumed to be authentic.
In the cases provided by law, you can ask specific reports on documents or facts. The reports will have the quality of a sworn statement.
Article 240.- Records
It is inappropriate to the offering of administrative records, or judicial process. In this case, the interested party may submit certified copies of it.
If you are offering as evidence a record of late, it must be proven its existence with a document.
Article 241.- Documents in another language*
Documents in a language other than Spanish will be accompanied by an official translation, or expert witness referred to in Article 268, without whose requirement will not be admitted.
If the translation is challenged, the challenger must indicate specifically in what is alleged defect of translation. In such a case, the Judge must appoint another translator, whose fees will be paid by the challenger. If the observation becomes malicious, a fine will be imposed.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26807published on June 14, 1997 (link: lpd.pe/0Bdw7).
Article 242.- Inefficiency for falsification of document
If you declare founded the blemish of a document have been proven false, will not have the effectiveness of probation.
If in criminal proceedings, establishes the falsity of a document, it lacks effectiveness as evidence in any civil process.
Article 243.- Inefficiency for annulment of document
When a document is manifested by the absence of a formality essential that the law prescribed under the penalty of invalidity, that it lacks effectiveness of probation. This declaration of ineffectiveness may be, ex officio, or as a result of a blemish founded.
Article 244.- Misrepresentation or non-existence of the matrix
The copy of a public document stated or shown to be false or non-existent, has no efficacy probation. The same rule applies to the certified copies of records that are false or non-existent.
Article 245.- Date
A private document acquired a date certain, and it produces a legal effect as such in the process from:
1.- The death of the grantor;
2.- The presentation of the document to the public official;
3.- The presentation of the document before a notary public to certify the date or notarize the signatures;
4.- The diffusion through a public means of certain date or determinable; and
5.- Other similar cases.
Exceptionally, the court may consider as a date which has been determined by technical means to produce conviction.
Article 246.- Recognition*
The private document is recognized for parties and in relation to third party, if this is the adjudicator, the value that the Judge assigned to you.
It is not necessary to the recognition, if there is no blemish.
If entering the party refuses to recognize, the document will be appreciated by the Judge at the time of resolve, according to the behavior of the bound.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 247.- Ignorance of document*
If the obligor does not know the document or its content, you can proceed to establish its authenticity through the checklist. Checking the authenticity of the document, the Judge will appreciate the conduct of the liar to the point of resolve, without prejudice to the application of a fine of not less than five nor more than twenty Units of a Reference Procedure.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 248.- Signature to pray and recognition
If the document is signed by a third party, to beg of the grantor, will be carried out, the recognition by both; and shall the grantor manifest if the person who signed it is the same to who prayed with such an object, and if you notice changes, will indicate.
Article 249.- Shape recognition*
The cited acknowledge a written document must be expressed if the signature that is shown is theirs, and if the document is the same as that endorsed, or granted, or if you have changes, will indicate that consist of these.
If the document is not signed, it will interrogate the adjudicator about the authenticity of its contents, and, if there are alterations, indicating which consist of these.
By death or incapacity of the grantor, will be called to perform the recognition of his heir or legal representative, who shall declare about the authenticity of the signature.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 250.- Recognition of representatives
The documents granted, extended, or subscribed to by those who at the time had the legal representative, will be recognized by them or by their current representatives.
The same rule applies for the recognition of documents issued by legal persons.
Article 251.- Recognition of printed
The publications in newspapers, magazines, books and other printed matter, whatever the technical means used, will be recognized by their authors or managers.
Article 252.- Recognition of documents not written
The documents are not written to that referred to in Article 234, shall be recognized by their authors or managers.
The party offering the evidence has the obligation to make available to the court the means necessary for their performance.
The Judge shall record the facts that note and indicate the persons involved.
Article 253.- Death of the grantor or author
By the death of the grantor or the author will be cited to recognize the heir or, in his default, the person who, at the request of a party, may rule on the authenticity of the document.
Article 254.- Lack of recognition by third party
The absence or non-compliance to the recognition by a third party, shall be punished in the manner provided for witnesses.
Article 255.- Comparison of public document*
It can offer the collation of the copy of a public document with your original.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 256.- Collation of copies and private document
If you erase or do not acknowledge a copy or a private document original, you can proceed to checking the copy with the original or the document private, in the form prescribed for the performance of the examination in the appropriate box.
Article 257.- Comparison of written documents*
When it comes to written documents, the comparison of the signature or letter is made with the following documents attributed to the grantor:
1.- Identity documents;
2.- Public deeds;
3.- Private documents recognized judicially;
4.- Judicial proceedings;
5.- Items from the Registers of Civil Status;
6.- Wills manoeuvres;
7.- Securities not observed; and
8.- Other documents are suitable.
The comparison will be preferring the document in attention to the order indicated above.
The Judge may have in addition to that, in his presence, the person to whom is attributed a document in strikeout type and sign as that will dictate.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 258.- Additional rules matching
The collation of documents is governed by the rules of the examination, as may be relevant.
Article 259.- Exhibit by third party
Third parties are only obliged to exhibit the documents belonging to or manifestly pertaining or relating to any of the parties.
Article 260.- Exhibition of documents of legal entities and merchants*
You can sort the display of documents of a legal person or a businessman, giving the applicant a more accurate picture possible of its interest in and to the content. The action shall be limited to the documents that are necessary relationship with the process.
The exhibition is fulfilled if the accompanying complete copies duly certified documents sorted.
If the display is referred to public records and is met with her giving a reason for the dependency in that it is the original.
At the request of a party, and in attention to the volume of the material offered, the Judge may order that the exhibition is acting outside of the local Courthouse.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 261.-Failure to display*
The failure of the party to be bound to the exhibition, will be appreciated by the Judge at the time of resolve, without prejudice to apply a fine of not less than three nor more than five Units of a Reference Procedure.
If the breach is a third party, you will be charged a fine of not less than three nor more than five Units of a Reference Procedure, which can be doubled if you go back to renege on the new date set by the Judge.
In both cases, the penalty shall be without prejudice to the criminal liability that might arise.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter VI: Expertise
Article 262.- Source
The expertise comes when the appreciation of the facts in dispute requires special knowledge of the nature of scientific, technological, artistic or other analogous.
Article 263.- Requirements
Offering expertise will be indicated with clarity and precision, the points to be discussed in the opinion, the profession or occupation of one who should practice it and the disputed fact that is intended to clarify with the result of the expertise. The experts are appointed by the Judge in the number that it deems necessary.
Article 264.- Expert party
The parties may, in the same period that the experts appointed by the Judge, to submit expert report on the same points as referred to in article 263, provided that they have been offered the opportunity due.
This expert may be summoned to the hearing of evidence and participate in it, subject to the Judge's order.
Article 265.- Action
If the experts are in agreement, then emit a single opinion. If there is disagreement, issued opinions separate. The opinions will be motivated and accompanied by the annexes that are relevant. The opinions are submitted at least eight days before the hearing of evidence.
The expert opinion will be explained at the hearing of evidence.
By way of exception, when the complexity of the case justifies it, you will be informed at a special audience.
Article 266.- Comments
Expert opinions can be observed in the hearing of the evidence. The observations and the corresponding opinions of the experts will be recorded in the minutes.
The parties can support or extend the motives of their observations, by notice in writing and should be submitted within three days of the hearing. Exceptionally the court may grant an additional period.
Article 267.- Concurrency
The experts will attend the judicial inspection when there is a relationship between the one and the other evidence, as determined by the Judge, ex officio or at the request of a party.
Article 268.- Appointment of experts
The Executive Council of each Judicial District, formula, each year, the list of specialists who can be appointed as experts in a process, taking as a basis the proposal reached by each professional school. When the expertise is not required for university professionals, the Judge will appoint the person that you consider ideal. The same rule applies in the seats of the Courts where there are no experts who meet the requirements mentioned before.
Article 269.- Acceptance of the position
Within the third day appointed, the expert accepts the charge by writing, made under oath or a promise to act with truthfulness. If you do not, shall be deemed to have refused the appointment, and shall appoint another expert.
Article 270.- Damages
The experts who, without justification, delay the submission of its opinion, or do not attend the hearing of evidence, shall be subrogated to and sanctioned with a fine of not less than three nor more than ten Units of Reference in the proceedings, without prejudice to the civil and criminal liability that might arise.
In this case, the expert opinion will be the subject of a special hearing.
Article 271.- Fee*
The Judge fixed the fee of the expert witnesses, be required to pay the part that offers the test. If this is not done within the time that the Judge will point out, it may order to be given the evidence, unless the other party to make the payment with a charge to repeat.
When the evidence is commanded, ex officio, the fee will be paid proportionally by the parties. The failure of one party entitles the other to make the payment with a charge to repetition.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Chapter VII: Judicial Inspection
Article 272.- Source
The judicial inspection comes when the Judge must personally appreciated the facts relating to the points at issue.
Article 273.- Assistance of experts and witnesses
The judicial inspection will be attended by the experts and witnesses when the Judge ordered, pursuant to the provisions relating to such evidence.
Article 274.- Content of the act
In the act, the Judge described the place in which it is practiced the judicial inspection, the facts, objects, or circumstances that directly observe, as the case may be, and a summary of relevant comments of the experts, the witnesses, the parties and their Attorneys.
Chapter VIII: Substitutes of the means of proof
Article 275.- Purpose of substitutes
The substitutes are aid established by law or assumed by the Judge, to achieve the purpose of the evidence, confirming, complementing or substituting the value or scope thereof.
Article 276.- Indication
The act, circumstance or sign sufficiently accredited through the means of proof, acquired significance in their set when leading the Judge to the certainty around an unknown fact related to the dispute.
Article 277.- Presumption
Is the logical reasoning-critical from one or more facts indicators leads the Judge to the certainty of the fact investigated.
The presumption is a legal or judicial.
Article 278.- Legal presumption of absolute*
When the law qualifies a presumption with absolute there is no proof of the contrary. The beneficiary of such a presumption has only to prove the reality of the fact that she served basis.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 279.- Presumption of law relating
When the law presumes a conclusion with relative character, the burden of proof is reversed in favour of the beneficiary of such a presumption. However, it has to prove the reality of the fact that she serves a budget, be the case.
Article 280.- Doubt about the character of a legal presumption
In case of doubt about the nature of a presumption of law, the Judge has to be considered as a presumption relative.
Article 281.- Presumption of judicial
Logical reasoning-critical of the Judge, rules-based experience or their knowledge, and based on the budget properly credited in the process, contributes to form a belief regarding the fact or facts investigated.
Article 282.- Presumption and conduct of proceedings with the parties
The Judge may draw conclusions against the interests of the parties in response to the behavior that they assume in the process, particularly when it manifests notably in the lack of cooperation in order to achieve the purpose of the means of proof, or with other attitudes of obstruction. The conclusions of the Judge shall be duly substantiated.
Article 283.- Legal fiction
The conclusion that the act provides for certain and that is opposite to the nature or reality of the facts, does not allow evidence to the contrary.
Chapter IX: early Test
Article 284.- General provision
Anyone eligible can apply for the performance of evidence prior to the start of a process. To do this, you must express the intention generic that will claim and the reason that justifies its action early.
Article 285.- Admissibility and provenance*
The Judge will only accept the request if it complies with the requirements provided for in article 284.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 286.- Procedure
The provisions relating to the performance of the means of proof are applicable, as relevant, to the early test.
Article 287.- Location and performance without citation
The Judge will order the action of the evidence, with citation of the person to whom it is intended to be sited.
At the request of a party, based on reasons of security and guarantee, and having specified the request of the future demand, the court may order performance by the evidence without citation, by resolution duly motivated.
Article 288.- Enabling day and time
When the urgency of the case requires it, the Judge may enable the date and time for the action requested.
Article 289.- Irrecusabilidad*
Are unimpeachable Judge and the Clerk of Court in accordance with article 761.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 290.- Expertise
If there is a risk that the course of time or other circumstances that alter the state or situation of the people, places, goods, or documents, you may be asked to practice the appropriate skill.
Article 291.- Witnesses
When old-age, illness or absence imminent of a person, it is essential to receive their statement, the data subject may request your testimony.
Article 292.- Recognition of private documents
Anyone interested in the content, or the effects of a document, you can apply to grantor or his heirs to recognize it.
Article 293.- Display
When a person requires clarification before a relationship or legal situation, you can ask the exhibit:
1.- The testament of the deceased on the part of those who consider successor;
2.- The documents concerning the well-connected with the future process;
3.- The accounts, books and other documents relating to the business or property that is to be directly a part of the applicant; and
4.- Other movable property, the subject of a future process.
Article 294.- Absolution of positions
You can request that the alleged partner acquit positions on facts that have to be subject of a future process.
Article 295.- Judicial inspection
In the same cases provided for in article 290, you can request the inspection of the court.
Article 296.- Warnings
If the set does not comply with the act, the evidence for which was quoted, we will apply the following warnings:
1.- In the recognition will be true in the document;
2.- On display will be true of the copy submitted or for certain claims, in particular, the content of the document; and
3.- In the absolution of positions shall be acquitted in the affirmative the questions of the examination presented.
Article 297.- Jurisdiction and procedure*
It is competent, in addition to the provisions of article 33, the Judge who by reason of amount and territory should know the future process.
The early test is conducted as a non-adversarial process.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 298.- Opposition
The set can only oppose on the grounds that the request does not meet the general requirements referred to in article 284, the special of the evidence requested or if the action was impossible.
Article 299.- Delivery of records*
Performed the test early, it will be delivered the record to the data subject, with a certified copy of it in the file of the Court, at a cost to the movant and under the responsibility of the Clerk of Court.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter X: evidence
Article 300.- Admissibility of the accused and of the opposition*
You can bring blemish against witnesses and documents. You can also opposition to the action of a declaration part, a display, a skill or a judicial inspection.
They can also be a matter of blemish or of opposition to the evidence of atypical.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 301.- Processing*
The blemish or opposition against the evidence stand in the term established by each jurisdiction, counted from the notification of the resolution that is offered, specifying clearly the rationale behind it, and accompanied by the evidence respective. The acquittal must be done the same way and in the same time period, annexing the evidence relevant.
The blemish, the opposition or their acquittals that do not comply with the above requirements will be declared inadmissible, granting a period not exceeding three days to remedy the defects. These requirements do not require the acquittals made in the process summary.
The action of the evidence is done in the hearing of the evidence, the start of this by the action of the evidence.
The evidence questioned will be acted, without prejudice to its effectiveness to be determined in the judgment, unless a decision duly justified and inimpugnable.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
3. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 302.- Knowledge sobreviniente
Exceptionally, when you have knowledge of the causal blemish or opposition after the deadline for interponerla, inform the court, in writing, accompanying the document that supports it. The Judge, without any other formality than the knowledge of the other party, you will appreciate the fact at the time of sentencing.
Article 303.- Tacha of witnesses*
In addition to the cases provided for in article 229, the witnesses can be branded for the grounds provided for in articles 305 and 307 of this Code, as may be relevant.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 304.- Fine
The litigant who maliciously worded blemish or opposition, is punishable by a fine of not less than three nor more than ten Units of Reference in the proceedings, without prejudice to the coasts and cost of processing.
TITLE IX: DISABILITY, DISQUALIFICATION, EXCUSACIÓN AND ABSTENTION
Article 305.- Causes of impairment*
The Judge is prevented from running a process when:
1.- It has been a part earlier in this;
2.- He or his spouse or cohabiting partner, it is related within the fourth degree of consanguinity, second of affinity or adoption of any of the parties or their agent or attorney, or an attorney involved in the process;
3.- He or his spouse or cohabiting partner, has the charge of a tutor or curator of any of the parties;
4.- He has received him or her spouse or cohabiting partner, benefits, gifts of any of the parties, before or after the start of the process, although they are of limited value;
5.- Has known the process in another instance, unless it has been only procedural acts of mere formality; or
6.- [Repealed]
The impediment referred to in the second causative is only verified when the lawyer was already exercising the sponsorship of the cause. It is forbidden to the lawyer to take a defense that causes the impairment of the Judge.
* Article amended by the following devices:
1. Law 28524published on may 25, 2005 (link: lpd.pe/kwRJQ).
2. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 306.- Proceedings of the Impairment*
The judge deemed prevented shall transmit the file, and you need to replace it. If it believes that the facts stated by him do not constitute a cause of impediment, he shall forward the record to the top in the query for the term of three days and under the responsibility, resolved without further proceedings on its legality. Accepted the impediment to send the file to the judge that you need to replace the disabled; otherwise, it will be returned to the Judge that came before it.
In the Courts, the judge who is considered to be prevented shall report to the respective Room expressing the causal invoked. The Room should resolve it, without any process, integrated with the so-called so by law. Accepted abstention, it passes the knowledge of the process to which it corresponds. The resolution resolves the abstention is inimpugnable.
* Article amended by the Law 26634published on the 23rd of June
1996 (link: lpd.pe/pZz7g).
Article 307.- Grounds for disqualification
The parties may request that the Judge is apart of the process when:
1.- Is your intimate friend or enemy manifesto of any of the parties, as shown by facts and unambiguous;
2.- He or his spouse or cohabiting partner or your relative in the direct line or in the collateral line up to the second degree, first of affinity or adopted, have a credit relations with any of the parties; except in the case of a person of a right or public service;
3.- He or his spouse or cohabiting partner, are grantees, employers or alleged heirs of any of the parties;
4.- Has intervened in the process as a proxy, a member of the Public Ministry, expert, witness, or counsel;
5.- It has a direct or indirect interest in the outcome of the process; and
6.- There is process in place between him or her spouse or cohabiting partner with any of the parties, provided that it is not promoted after the start of the process.
Article 308.- Opportunity of the challenge*
Can only be formulated disqualification until the sanitation procedure. After this, you will only be sat for a causal sobreviniente.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 309.- Inappropriateness of the challenge*
There are recusables:
1. Judges who know the processing of the disqualification;
2. The Judges, commissioners, and who should settle conflicts of jurisdiction; and
3. Judges who know the processes do not contentious.
Exceptionally, in the executive process will proceed challenge is always that the cause is based on an authentic document and proposal within the time period for the contradiction. Do not accept second challenge against the same Judge in the same process, except if it is accompanied by an authentic document that proves the causal. In any case, you can refuse it for the third time at the same Judge in the same process.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 310.- Formulation and processing the challenge*
The challenge shall be made before the Judge or the Room you know the process, explaining the causal alleged. In the same notice will be offered the means of proof, except the declaration of challenged, which is unfair.
When the Judge recused agree to the origin of the causal, you must excuse to remain involved through a reasoned decision, ordering the submission of the dossier, and you need to replace it.
If you do not agree to the challenge, shall issue a reasoned report and form notebook and sent it to the Judge that corresponds know, with a summons to the parties. The processing of the disqualification does not suspend the main process, but the recused shall refrain from issuing any resolution which will put an end to the process. The Judge to whom was referred the notebook will process and solve the challenge in accordance with the provisions of article 754 in the appropriate box. Your decision is inimpugnable.
Filed a challenge against a Judge of a court, referee, it proceeds in the manner described in the previous paragraph. However, the challenge shall be resolved by the other members of the Room, without the need of integration, having to call another Judge only in case of discord.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 311.- Impairment, recusal and abstention
The grounds of disability, and challenge applicable to the Judges of all instances and of the board of Cassation. The Judge to whom you affect any cause of impairment, you must not and declared prevented as soon as you notice the existence of it.
Article 312.- Challenge by estoppel
The Judge who does not comply with your duty of abstention on the grounds of impairment, you may be challenged by any of the parties.
Article 313.- Abstention by decorum*
When you have reasons that disrupt the function of the Judge, to it, for decency or delicacy, you can refrain by resolution duly informed, by referring the case to the Judge that you should know about your procedure.
If the Judge to whom was referred the cars considered that the principles set forth do not justify the separation of the process, will follow the procedure laid down in article 306.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 314.- Rejection threshold for the challenge
The order of disqualification shall be rejected without giving procedure in the following cases:
1.- If in the writing of the disqualification does not specify the causal invoked;
2.- If the causal manifestly inadmissible; and
3.- If you do not provide the evidence necessary to prove the causal.
Article 315.- Subsidiary bodies*
The Auxiliary and jurisdictional Organs of judicial assistance may be challenged on the grounds contained in sections 305 and 307 that are applicable to them. They also have the duty to refrain if you are affected by any of the causes of impairment.
The challenge shall be made before the Judge or the Chamber concerned, and shall be processed in accordance with the provisions of article 310, in what was applicable. If it covers the challenge, the auxiliary of justice must be replaced by the which is appointed in the same resolution, which is inimpugnable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 316.- Penalty recusante
When an order of disqualification is dismissed, the Judge may condemn the recusante to pay a fine of not less than three nor more than ten Units of Reference in the proceedings, without prejudice to the conviction for the costs and cost of processing the challenge.
TITLE X: TERMINATION, SUSPENSION AND COMPLETION OF THE PROCESS
Article 317.- Disruption of the term, or deferral of the term to perform a procedural act
The declaration of interruption has the effect of cutting the period or defer the term to perform a procedural act, producing the ineffectiveness of the fraction of the time limit or defer the term has elapsed.
The interruption shall be declared by the Judge in resolution inimpugnable, ex officio or at the request of a party, supporting the occurrence of an unexpected act or which, although predictable, is inevitable.
The deadline to apply for the declaration of interruption due on the third day of ceased the fact interruptive.
Article 318.- Suspension of the process or the procedural act
The suspension is the disablement of a period of time of the process or a part of the term granted for the performance of a procedural act.
Article 319.- Conventional suspension
The suspension agreed upon by the parties requires judicial approval. Is granted only once per instance, and cannot be more than two months in each case.
Article 320.- Suspension of legal and judicial*
You can declare the suspension of the proceedings, of its own motion or at the request of a party, in the cases provided for by law or when at the discretion of the Judge to be necessary.
The Judge at the request of a party, suspend the issuance of the judgment in a process, provided that the claim raised in him that is directly which should solve in another process in which it has raised another claim whose elucidation is essential and crucial to resolve the claim raised by him. To do this it is necessary that the claims are related, in spite of which can't be accumulated, otherwise, it shall be their accumulation.
* Article amended by the Law 30293published on the 28th of di-
ciembre, 2014 (link: lpd.pe/0K5K8).
Article 321.- Conclusion of a process without a declaration on the bottom
Concludes the process without any representations about the fund when:
1.- Is subtracted from the claim of the jurisdictional scope;
2.- The law provides that the conflict of interest it ceases to be a case justiciable;
3.- You declare the abandonment of the process;
4.- It is consensual resolution that covers any exception or defense upon the plaintiff has complied with cleaning up the connection procedure within the period granted in accordance with article 451, where appropriate;
5.- The Judge declares the forfeiture of the right;
6.- The applicant withdraws from the process, or of the claim;
7.- Ensues consolidation on the rights of the litigants; or
8.- In the other cases provided for by the statutory provisions.
Costs and expenses and costs of the process are set according to the institution received and the part that gave rise to the statement conclusion.
Article 322.- Conclusion of the process with a statement about the background*
Concludes the process with a statement on the fund when:
1.- The Judge declares in short founded or unfounded the complaint;
2.- The parties reconciled;
3.- The defendant acknowledges the claim or paves the request;
4.- The parties have compromised; or
5.- The plaintiff waives the right that supports his claim.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TITLE XI: SPECIAL FORMS OF CONCLUSION OF THE PROCESS
Chapter I: Reconciliation
Article 323.- Opportunity of the reconciliation
The parties can reconcile their conflict of interests in any state in the process, provided it has not been issued a judgment in the second instance.
Article 324.- The formality of the conciliation*
Conciliation is conducted by a center of settlement chosen by the parties; however, if both of the request, the court may summon it at any stage of the process. The Judge is not recusable by the demonstrations that may be made in this hearing.
The Judges, ex officio or at the request of both parties, may convene a conciliation hearing before issuing judgment, except in cases of family violence. If the conciliation hearing out at the request of both parties, and any of them do not attend to the same, is applied to a fine of between three and six units of the reference procedure (URP).
* Article amended by the following devices:
1. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 325.- Substantive requirement of the settlement
The Judge will then approve the settlement concerned about the rights available, provided that the agreement will conform to the legal nature of the right in dispute.
Article 326.- [Repealed]*
* Article repealed by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 327.- Conciliation and process*
If having open process, the parties reconciled out of this, will be presented with a written Record of Settlement respective, issued by an institution of Conciliation procedures.
Presented by the parties of the act of settlement, the Judge will approve a prior verification of the requirement laid down in article 325, shall declare the process is completed.
If the settlement presented to the Judge is partial, and it falls on any of the claims or refers to one or some of the litigants, the process will continue in respect of the claims or of non-affected individuals. In this latter case, it shall take into account the standards on third-party intervention.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 328.- Effect of settlement*
The settlement has the same effect as the judgment that he has the authority of res judicata.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 329.- [Repealed]*
* Article repealed by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Chapter II: a Search and Recognition
Article 330.- Search and Recognition*
The defendant may expressly flattened or recognize the claim, legalizing your signature before the Auxiliary court. In the first case it accepts the claim directed against him; in the second, in addition to accepting the claim, supports the veracity of the facts stated in the complaint and the legal bases of this.
The recognition is regulated by the provisions for the raid.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 331.- Chance of trespassing
The defendant may adhere to the demand at any stage of the process, prior to the judgment.
Appropriate to the search warrant in respect of any allegation.
Article 332.- Denial of the search*
The Judge declares inadmissible the search warrant and ordered the continuation of the process when:
1.- The defendant does not have the capacity to dispose of the right to the conflict;
2.- The agent or representative of the defendant lacks the ability to adhere;
3.- The facts admitted need to be proven by other means, in addition to the declaration of the part;
4.- The conflict of interest affects the public order or good customs;
5.- The conflict of interests includes rights restricted;
6.- Having litisconsorcio necessary, the search does not come from all of the defendants;
7.- Presumes the existence of fraud or wilful misconduct procedure;
8.- Warns that the sentence handed down is going to take effect against third party not located; or
9.- The defendant is the State, or other person of public law, unless your representative is expressly authorized.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 333.- Effect of judgment
Declared the search warrant, the Judge must issue a judgment immediately, except that it does not relate to all the allegation.
Chapter III-court settlement
Article 334.- Opportunity of the transaction
In any state of the process, the parties can settle your conflict of interest, even during the processing of an appeal and even when the cause is to vote or in discord.
Article 335.- Requirements of the transaction*
The court settlement must be made only by the parties, or those who in his name may have express power to do so. In writing, stating the contents and legalizing their signatures to the Secretary concerned.
If having open process, the parties have compromised out of it, submitted the document that contains the transaction legalizing their signatures to the Secretary concerned in the writing that accompanies it, a requirement that will not be necessary when the transaction is recorded in a public deed or document with signature legalized.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 336.- Transaction of the State and other persons of public law*
The Legislative, Executive, and Judiciary, Public prosecution, constitutional bodies, autonomous, Local and Regional Governments and universities, can only compromise the prior express approval of the authority or the competent official.
This requirement is also applicable to the settlement, the withdrawal of the claim and the process.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 337.- Approval of the transaction*
The Judge approves the transaction, provided that it contains mutual concessions, be on economic rights and does not affect the public order or good customs, and declares the process is completed if it reaches to the totality of the claims proposed. Remains without effect, any decision on the merits that is not firm.
The transaction, which puts an end to the process has the authority of res judicata. The failure of the transaction does not authorize the injured party to request the resolution of it.
If the transaction falls on any of the claims proposals or relates to any of the people, the process will continue in respect of the claims or persons not comprehended in it. In this latter case, it shall take into account the standards on third-party intervention.
With the court settlement is not possible to create, regulate, modify, or terminate relations materials beyond the control of the process.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 338.- Normativity extra
In all matters not provided for in this Chapter, apply the relevant regulations of the Civil Code.
Article 339.- Legal act subsequent to the judgment*
Although there were ruling allowed or executory, the parties may agree to waive the obligation which it contains, novarla, extend the period for compliance, to agree to a dation in payment, and, in general, conclude any legal act designed to regulate or modify the execution of the sentence. However, such a legal act does not have the quality of transaction, and produces the effects of it.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter IV: Withdrawal
Article 340.- Classes of withdrawal
The withdrawal may be:
1.- Of the process or of a procedural act; and
2.- Of the claim.
Article 341.- General aspects of the withdrawal*
The waiver will not be presumed. The statement that contains it must specify its content and scope, legalizing their signature to the proposer with the Secretary concerned.
The withdrawal is unconditional and only harms the one who does it.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 342.- Opportunity
The withdrawal of the process or the procedural act shall be filed before the situation procedural resignation has occurred effect.
The withdrawal of the claim proceeds prior to issuance of the judgment at first instance, except that it is conventional.
Article 343.- Withdrawal of the process or the procedural act*
The withdrawal of the process ends without affecting the claim. When formula after issue of the notice of demand, requires the conformity of the respondent expressed within third day of notification, or in his defiance. If there is opposition, the withdrawal will have no lack of effectiveness, and should continue the process.
The withdrawal of a procedural act, whether through impugnatorio, means of defense or another, you leave without effect the situation procedural favorable to the owner. If the withdrawal is a medium impugnatorio, its effect is to let you sign the contested act, except as shall have been brought adhesion.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 344.- Withdrawal of the claim
The resolution to approve the waiver of the claim, produces the effects of a baseless lawsuit with the authority of res judicata. This withdrawal will not require the conformity of the defendant, should the Judge to review only the capacity of who performs it, and the nature of the right that supports the claim, having regard to the provisions on the denial of the warrant at the appropriate.
If the withdrawal does not refer to all claims or if it is only deducted by one of the plaintiffs, the process will continue in respect of the claims and persons not comprehended in it. In this latter case, it should be borne in mind the provisions on litisconsorcio necessary.
The withdrawal of the claim does not prevent the processing of the counter-notification, it will continue before the same Judge, whatever its amount.
Article 345.- Withdrawal of a claim is not resolved
The holder of a claim is not resolved in the first instance, you can opt-out of the same before the process is decided by the superior.
Chapter V: Abandonment
Article 346.- Abandonment of the process*
When the process remains in the first instance for four months without any act that drive it, the judge will declare its abandonment ex officio or at the request of a party or legitimate third party .
For the computation of the period of abandonment it is understood initiated the process with the filing of the complaint.
For the same computation, does not take into account the period during which the process had been stalled by agreement of the parties approved by the judge.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26691published November 30, 1996 (link: lpd.pe/k4vEP).
Article 347.- Precautionary measures*
Decree or final resolution that declares the abandonment of the process, are of no effect to the precautionary measures, and archived the file.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 348.- Nature of abandonment
The abandonment operates the only course of the period since the last procedural action or from the notification of the final resolution.
There is No abandonment if after the expiry of the term, the beneficiary he performs an act of impulse procedural.
Not considered to be acts of impulse procedural those who do not have the purpose to activate the process, such as the appointment of a new home, order prints, apersonamiento again taken and other analogues.
Article 349.- Paralysis that does not produce abandonment
Do not operate the abandonment when the stoppage of the process is due to causes of force majeure and that the trial would not have been able to overcome with the means of redress at your fingertips.
Article 350.- Irrelevance of abandonment*
There is No abandonment:
1.- In the processes in execution of a sentence;
2.- In the processes do not contentious;
3.- In processes that run claims (d);
4.- In the processes that are found to judgment, unless that was pending action, the realization of which depended on a part. In this case, the term has since notified the resolution set out;
5.- In the processes that are pending a resolution, and the delay in issuing its judgment ascribable to the Judge, or the continuation of the procedure depended on an activity that the law imposes on the Auxiliary courts or the Ministry of Public or other authority or public official that is required to comply with a procedural act requested by the Judge; and,
6.- In the processes indicated in the law.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 351.- Effects of the abandonment of the process*
The abandoned puts an end to the process without affecting the claim. However, the declaration prevents the plaintiff from start another process with the same claim during a year, counted from the date of notification of the auto that you declare it. Also, it restores things to the state they were in before the demand.
If for a second time, between the same parties, and in the exercise of the same pretense, declares the abandonment, it extinguishes the right claimed and ordered the cancellation of the titles of the plaintiff, if it could take place.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 352.- The tests in the process abandoned
The tests are performed in a process terminated by abandonment are valid and can be offered in another process.
Article 353.- Appeals*
The resolution declaring the abandonment is without appeal with suspensive effect. The resource can only be founded on the existence of an error in calculation or in cases of force majeure. The resolution that rejects an order of abandonment is appealable without suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 354.- Abandonment and extinctive prescription*
Declared the abandonment, the prescription was interrupted by the site is still going on, as if the interruption had not occurred.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TITLE XII: MEDIA IMPUGNATORIOS
Chapter I: General Provisions
Article 355.- Media impugnatorios*
Through the means impugnatorios the parties or third parties to a legitimate request is to cancel and / or revoke, in whole or in part, of a procedural act allegedly affected by a defect or error.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 356.- Kinds of media impugnatorios*
The remedies can be made by anyone who considers aggrieved by procedural acts are not contained in resolutions. The opposition and other remedies will only intervene in cases expressly provided for in this Code and within the third day of the known the grievance, except as otherwise provided under a different light.
The resources can be made by anyone who considers aggrieved by a decision or part of it, so that after a new examination of it, to remedy the defect or error alleged.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 357.- Requirements for the admissibility of the media impugnatorios
The media impugnatorios are brought before the court that committed the defect or failure, except as otherwise provided. Attention will also be given to the formalities and time limits provided for in this Code for each one.
Article 358.- Source requirements of the media impugnatorios
The challenger base your order on the proceedings in which it stands, stating the grievance, and the defect or the error that motivates you. The challenger must adapt the medium used to the procedural act that is challenging.
Article 359.- Non-compliance with requirements*
Failure to comply with any requirements determined by the declaration of inadmissibility or denial of the means impugnatorio, by resolution duly substantiated. This resolution is only actionable in the complaint in the case of article 401.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 360.- Prohibition of double resource
It is prohibited to a party to file two appeals against a decision.
Article 361.- Waiver of appeal*
During the course of the process, the parties may agree to waive their right of appeal against the decisions, acting on the bottom, put to order. This waiver shall be admissible provided that the law that supports the claim discussed is revocable and will not affect the public order, good customs or peremptory norm.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter II: Replacement
Article 362.- Origin*
The resource replacement is necessary against the decrees in order that the Judge revoke it.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 363.- Pending
The deadline for interponerlo is three days from the notification of the decision. If you filed the appeal, the Judge warns that the defect or error is obvious or that the resource is notoriously unreasonable or inapplicable, it shall declare, so there is no need to process. It is necessary, the Judge shall confer on transfer for three days. The expiration of the term, you will solve your reply or without it.
If the contested decision was issued in a hearing, the appeal must be lodged verbally and immediately resolved, prior to transfer to the other party, or in his defiance.
The car that resolves the motion for reconsideration is inimpugnable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter III: Appeal
Article 364.- Object*
The appeal is to the court to examine, at the request of a party, or for legitimate third party, the resolution that will produce tort, with the purpose of that is annulled or revoked, in whole or in part.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 365.- Origin*
Applicable appeal:
1.- Against the sentences, except those contested with appeal and excluded by agreement between the parties;
2.- Against orders, except those which are required in the processing of a joint and that the Code excluded; and
3.- In the cases expressly determined in this Code.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 366.- Rationale for tort
The person raising appeal must substantiate, indicating the error of fact or of law incurred in the resolution, stating the nature of the grievance and supporting its claim objecting.
Article 367.- Admissibility and inadmissibility*
The appeal is filed within the statutory period before the judge who issued the challenged decision, together with the receipt of the filing fee corresponding when this was required.
The appeal, which does not accompany the receipt of the fee, get out of the term, which has no basis or no longer require the grievance will be flat-declared inadmissible or irrelevant, as the case may be.
For the purposes referred to in article 357, ordered, that the appellant to remedy in a term of not more than five days, the omission or defect that could be warn in the receipt of payment of the fee concerned, in the certificates of notification, on the authorization of the resource for the legal practitioner or the signature of the appellant, if you have a home in the city headquarters of the court hearing of the appeal. Not remedied the omission or defect, we will reject the appeal.
If the applicant is not domiciled in proceedings in the host city of the court hearing of the appeal, will treat the cause of regular and it will be up to the judge to order the corresponding correction of the error.
The top also may declare inadmissible or irrelevant to the appeal, if you notice that you have not met the requirements for your grant. In this case, in addition, shall be null the concesorio.
* Article amended by the following devices:
1. Law 27703published on April 20, 2002 (link: lpd.pe/0bbAP).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 368.- Effects
The appeal will be granted:
1.- With suspensive effect, so that the effectiveness of the decision appealed from is hereby suspended until the notice that orders are met as set forth by the superior.
Without prejudice to the suspension, the Judge who issued the contested decision, you can continue learning about the issues that are dealt with in the notebook apart. You can also, at the request of either party and in duly substantiated decision, dispose of precautionary measures to prevent the suspension to occur tort irreparable.
2.- Without suspensive effect, so that the effectiveness of the contested decision is maintained, even for the fulfillment of this.
In granting the appeal, the Judge shall specify the effect that you grant the resource, and if it is deferred, in your case.
Article 369.- Appeal deferred
In addition to the cases in which this Code is available, ex officio or at the request of a party, the Judge may order the book, the processing of an appeal without suspensive effect, so that it will be resolved by the superior conjunction with the judgment or other order that the Judge point. The reasoned decision of the Judge is to inimpugnable.
The lack of appeal of the judgment or of the resolution indicated by the Judge determines the ineffectiveness of appeal deferred.
Article 370.- Jurisdiction of the superior court judge*
The superior court judge may not modify the contested decision, to the prejudice of the appellant, unless the other party has also appealed or is a minor. However, you can integrate the resolution appealed to the party's decision-making, if the argument appears in the part considerativa.
When the appeal is of a car, the competence of the higher reaches only this and its handling.
* Article amended by the following devices:
1. Law 29834published on February 2, 2012 (link: lpd.pe/2GXwb).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 371.- Origin of an appeal with suspensive effect
Applicable appeal with suspensive effect against the judgments and orders which will take for completion of the process or prevent it from below, and in other cases provided for by this Code.
Article 372.- Origin of the appeal without suspensive effect,*
Appeals are without suspensive effect, originate in the cases expressly specified in the law, and those that are not applicable appeal with suspensive effect.
When this Code does not make reference to the effect or the quality that is appealable to a resolution, this is without suspensive effect, and without the quality of deferred.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 373.- Term and procedure of the appeal of judgments*
The appeal against the judgments are made within the time limit prescribed in each jurisdiction, counted from the day following its notification.
Granted, the appeal will increase the record within a period of not more than twenty days from the granting of the appeal, except different layout of this Code. This activity is the responsibility of the assistant court.
In the processes of knowledge and abbreviated to upper bestow upon transfer of the notice of appeal for a term of ten days. The term expires, the process is streamlined to be resolved, noting the date and time for the hearing of the case.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 374.- Evidence in the appeal of judgments*
The parties or legitimate third party may offer evidence in the written formulation of the appeal or in the acquittal of grievances, only in the following cases:
1.- When the means of proof are referred to the occurrence of the facts relevant to the right, or interest in or debated, but occurred after the conclusion of the stage of the application process; and
2.- When it comes to documents issued post-dated to the start of the process or proven to not have been able to know and get before.
Is inimpugnable the resolution the upper declares inadmissible the evidence offered. If you were admitted and require, shall fix a date for the hearing on that subject, which will be directed by the Judge less old, if the top is a collegial body.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 375.- View of the cause and oral report*
In the processes of knowledge and shortcuts, the designation of the date for the hearing of the case was notified to the parties ten days prior to its implementation.
In other processes, are notified ahead of time of five days.
Only appropriate oral report when the appeal is to be granted suspensive effect.
Within the third day of notification of the hearing date, the Lawyer that you want to report the contact in writing, indicating whether the part will report on facts. The communication is deemed to be accepted by the only fact of its presentation, without the need for subpoena complementary. Not supported deferment.
The provisions of this article shall apply to all civil courts that meet function of second instance.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 376.- Term and procedure of the appeal of cars with suspensive effect*
The appeal against orders to be granted suspensive effect is made within the following timeframes:
1. Three days if the car is delivered outside of the hearing; or
2. At the same hearing, if the car outside issued in her, but her foundation and other requirements will be fulfilled in the same period the previous subsection.
The clerk of court to send the record to the top within the five days granted the appeal, under the responsibility.
Within five days of receipt, the superior shall notify the parties that the cars are faster to be resolved and will indicate the date and time for the hearing of the case.
It is inadmissible to the allegation of new facts.
The final decision shall be issued within five days following the hearing of the case.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 377.- The process of the appeal without suspensive effect,*
The appeal is filed within the time period provided for in the preceding article. In the same resolution that granted the appeal without suspensive effect, and without the quality of deferred, is accurately performed that should be sent to the top, whereas those proposed by the appellant in the appeal, without prejudice to the instance that you resolve be able to ask for a copy of the actuated court deems necessary.
The auxiliary court, within five days of notification of the concesorio, under responsibility, it refers to the instance corresponding to the parts indicated by the judge, properly scanned, forming a binder of appeal virtual, in addition to the office of remission signed by the judge, adding the original master record that rises in CD or other magnetic media and leaving a record of the date of shipment.
In cases in which the courts do not have the possibility to scan, the auxiliary court refers to the copy of the parts of the proceedings.
In the cases that a decision has been appealed by a number of parties or persons, will form a single binder of appeal, under the responsibility.
Received the notebook for the instance that resolves the appeal, this communicates to the parties that the cars are faster to be resolved. This procedure is not applicable oral report, or any other activity procedure. Without prejudice to the foregoing, the superior may, ex officio, to quote the lawyers to report or respond on specific issues contained in the resolution appealed.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
3. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 378.- Acts against the judgment issued in the second instance
Against the judgments of second instance, you have just come from the order of clarification or correction, and the appeal, provided that they meet the requirements of shape and background for his admission.
Article 379.- To comply with the judgment of second instance
Consented to the judgment of second instance that contains a mandate, and returned the case to the justice of the demand, the judgment acquires the quality of title judicial foreclosure, proceeding according to what is regulated in Chapter V, Title V of the FIFTH SECTION of this Code.
Article 380.- Annulment or revocation of a resolution appealed without suspensive effect,*
The invalidity or revocation of a resolution appealed without suspensive effect, determines the ineffectiveness of all the actions taken on the basis of its duration, owing to the Judge of the demand to specify the actions that are of no effect, as determined by the superior.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 381.- Costs and costs in the second instance
When the judgment of second instance confirmed the entirety of the first, it will condemn the appellant with the shorelines and costs. In other cases, it shall be the sentence in attention to the terms of the recall and the conduct of the parties in the second instance.
Article 382.- Appeal and annulment
The appeal contains inherently the nullity, only in the case that the vices are referred to the formality of the contested decision.
Article 383.- Return of the dossier
Resolved the appeal with suspensive effect, it will return the record to the Judge of the demand, within ten days of notification of the resolution, under the responsibility of the auxiliary justice of the respective order.
Resolved the appeal without suspensive effect, the secretary of the superior notifies the determination to the parties within three days of being issued. In the same period, under the responsibility refers to the Judge demand a copy of it resolved, by facsimile or by the quickest means possible. The notebook of appeal with the original of the respective resolution, is preserved in the archive of the superior, returned with the principal only when the appeal is resolved to put an end to the process.
Chapter IV: Cassation
Article 384.- The end of the cassation*
The appeal has for purposes of the proper application of the right target at the specific case and the uniformity of the national case law by the Supreme Court of Justice.
* Article amended by the following devices:
1. DL 1071published on June 28, 2008 (link: lpd.pe/2jgVg).
2. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
Article: 385.- [Repealed]*
* Article repealed by the First Provision Repealing the Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
Article 386.- Origin*
1. The appeal is against the judgments and orders issued by the rooms above that, as the organs of the second degree, put an end to the process.
2. The resource comes from the supreme court, in the cases of the above paragraph, provided that:
to. In the judgment or order is to discuss a claim greater than the 500 units of reference to procedural or that the claim is invaluable in money;
b. the decision of the second instance is revoked in whole or in part the decision of the first instance, and
c. the decision of the second instance is not anulatorio.
* Article amended by the following devices:
1. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 387.- Origin exceptional*
Exceptionally, it is from the appeal in other cases than those provided for in article 386, when the Supreme Court, in its discretion, deems necessary for the development of the jurisprudence.
* Article amended by the following devices:
1. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 388.- Causal*
Following are grounds for lodging an appeal in cassation:
1. If the judgment or order has been issued with non-compliance of some of the constitutional guarantees of procedural or material, or with an improper or erroneous application of such warranties.
2. If the judgment or self-incurred by or derived from a failure to observe the legal rules of procedural penalized with the annulment.
3. If the judgment or self-care an improper application, a wrong interpretation or a lack of application of the law or other legal regulations necessary for its implementation.
4. If the judgment or order has been issued with a lack of motivation or apparent ilogicidad of the motivation, when the defect results from your own wording.
5. If the judgment or order departs from the binding decisions of the Constitutional Court or the Supreme Court.
* Article amended by the following devices:
1. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 389.- [Repealed]*
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was repealed for the First Provision Repealing the Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
Article 390.- [Repealed]*
* Article repealed by the First Provision Repealing the Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
Article 391.- Lodging and admission*
1. The appeal must indicate separately each causal invoked. In addition, citing in particular the legal precepts that consider erroneously applied or inobservados, accurate, the foundation or the doctrinal foundations, and legal to support his or her claim and expresses specifically what is the application that aims to.
2. The action is brought:
to. Before the Superior Room which issued the contested decision.
b. Within a period of ten days, counted from the day following the date of notification of the resolution that is being contested, the more the term of the distance when appropriate.
c. Attaching the receipt of the fee in question.
3. If you do not comply with the provisions of article 386, with the literal or b of paragraph 2, or call upon grounds other than those listed in this code, the Upper Chamber rejected the appeal and shall impose a fine of not less than 10 nor more than 50 units of a reference procedure in the event that you consider that your filing was caused by willful misconduct or negligence.
4. If you do not comply with the provisions in item c of the numeral 2, the Upper Chamber grants the opponent a period of three days to his relief, without prejudice to impose a fine of not less than 10 nor more than 20 units of a reference procedure if your interposition would have had was caused by willful misconduct or negligence. The expiration of the term without causing the relief, rejected the appeal.
5. If you invoke the article 387, without prejudice to noted and justified the causal appropriate in accordance to article 388, the appellant must provide additional and timely manner the reasons that justify the development of the jurisprudence that aims to. In this course, the Superior Room, to the granting of the appeal, without prejudice to the provisions of items 3 and 4, shows the existence of the rationale for the specific required in these cases.
6. If the Upper Chamber supports the appeal, elevating the record to the Supreme Court, with knowledge of the parties, who are notified in their respective boxes electronics.
* Sumilla modified by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was amended by the following devices:
1. Law 27663published on 8 February 2002 (link: lpd.pe/pqz7A).
2. Law 27703published on April 20, 2002 (link: lpd.pe/0bbAP).
3. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
4. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 392.- Effect of appeal*
The lodging of an appeal suspends the effects of the contested decision.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
3. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 392-A.- [Repealed]*
* Article incorporated by the Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1). Then, this article was repealed by the Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 393.- Out of order*
1. The Hall of the Civil Supreme Court declared the inadmissibility of the appeal when:
to.Requirements are not met and grounds provided for in articles 391 and 388, respectively;
b. refers to resolutions not contested on appeal; or,
c. the appellant had consented to previously, the adverse determination of first instance, if this is confirmed by the resolution subject of the appeal; or if you invoke violations of the law that have not been deduced on the basis of your appeal.
2. It also declares the inadmissibility of the appeal when:
to.Lacks manifestly unfounded; or,
b. have been dismissed in the background other resources substantially equal, and the appellant did not present sufficient arguments to modify the criteria or jurisprudence already established.
3. The irrelevance of the resource can affect all of the grounds relied upon or refer only to some of these.
4. The resolution is silent on the source of the appeal is issued within the term of twenty days, by the affirmative vote of three supreme judges.
* Article amended by the following devices:
1. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 394.- Preparation and audience.*
1. Declared from the appeal, the record shall be ten days in the Secretariat of the Room so that interested parties can review it and submit, if deemed advisable, allegations ampliatorios.
2. The expiration of the term, it notes the date and time for the hearing of cassation, with citation of the parties apersonadas. The hearing will be installed with the concurrence of the parties they attend, who can inform without the need of requesting the use of the word. In any case, the failure to appear is unjustifiable from the attorney of the appellant gives rise to declare inadmissible the appeal.
3. Installed the audience, first speak to the attorney of the appellant. If there are several recurring, the board fixed the order of intervention, after which inform the lawyers of the parties appealed.
4. If appointed, or change of representative litigation, it must be proven such a situation.
5. The judgment is issued in the period of twenty days. The appeal is resolved by the affirmative vote of four supreme judges.
* Article amended by the following devices:
1. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 395.- Activity evidence of the parties*
The only evidence that they come from are the documents that support the existence of precedent or of the foreign law and their meaning, in the processes on private international law.
* Article amended by the Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 396.- Competition*
1. The resource attributes to the Hall of the Civil Court Supreme knowledge of the process only in terms of the grounds of appeal expressly invoked by the appellant.
2. The competence of the board of the Civil Supreme Court is to be exercised on legal errors which contains the decision appealed from. Is subject absolutely to the facts legally tested and set out in the judgment or order appealed from.
3. The legal errors of the judgment under appeal, that have no influence in its operative part do not cause invalidity. The Room must be correct in the sentence casatoria.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
3. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 397.- Reasoned judgment, and effects of the resource*
If the Room is Supreme declares founded the remedy for a violation of a rule of substantive law, the contested decision should be revoked, wholly or partly, as appropriate. Also reverse the decision if the violation is of a procedural law which, at the same time, is the subject of the contested decision.
If you declare founded the resource for apartment unmotivated of judicial precedent, the Court proceeds as indicated in the previous paragraph, as appropriate to the nature of material or procedural of this.
If the violation of the procedural law was the involvement of the right to the guardianship court, effective, or of the due process of the opponent, the Court house, the contested decision and, in addition, as appropriate:
1. Orders to the Superior Room which issues a new resolution;
2. overrides the thing acted up to the record that contains the violation including, or even where to attain the effects of the nullity is declared, and ordered to restart the process;
3. overrides the resolution appealed and tells the judge of first degree issued by another; or
4. overrides the resolution appealed and annulled it acted and unfair demand.
In any of these cases, the judgment casatoria has binding force to the court concerned.
* Article amended by the Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 398.- Sentence unfounded*
The sentence must contain the grounds upon which declared unfounded the resource when it would not have submitted any of the grounds provided for in article 388.
The Room will not house the judgment by the mere fact of being wrongly motivated if its operative part fits right. However, you must make the corresponding change.
* Article repealed by the Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1). Then, this article was reinstated by the Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 399.- [Repealed]*
* Article repealed by the First Repeal of the Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
Article 400.- Judicial precedent*
The Hall of Supreme Civil may convene the plenary of judges supreme civil purposes of issuing a judgment that constitutes or vary a judicial precedent.
The decision is take in absolute majority of the attendees to the full casatorio constitutes judicial precedent, and links to the courts of the Republic, until it is modified by another precedent.
The lawyers will be able to report orally at the hearing, before the full casatorio.
The full text of all sentences casatorias and resolutions that declared inadmissible the appeal was published in the official journal, but do not establish precedent. The publication is made within sixty days from issued under the responsibility.
* Article amended by the following devices:
1. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Chapter V: Complaint
Article 401.- Object of complaint
The complaint seeks the review of the resolution declaring inadmissible or dismiss the appeal or cassation. Also comes against the resolution, which grants the appeal, in effect, different to the one requested.
* Article amended by the following devices:
1. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
2. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 402.- Admissibility and Origin
The writing which contains the resource is accompanied, in addition to the receipt that proves the payment of the corresponding fee, a simple copy with the seal and signature of the Attorney of the appellant in each, and under the responsibility of its authenticity, which of the following performed:
1.- Writing that motivated the decision appealed from and, in his case, those relating to its processing.
2.- Resolution appealed from.
3.- Written in go.
4.- Negative decision.
The writing in that plaintiffs complaint must contain the grounds for the granting of the appeal denied. Also, specify the dates on which the notification of the decision appealed from, it brought the appeal and was notified of the denial of it.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 403.- Lodging*
The complaint should be lodged with the upper one which denied the appeal or granted in different effect to the order, or before the Supreme Court in the respective case. The deadline for interponerla is three days, counted from the day following the notification of the resolution that denies the resource or that the granted with effect other than the one requested.
In the case of judicial districts different from those of Lima and Callao, the movant may petition the judge who denied the appeal, within the time above-mentioned, that their written complaint and annexes to be submitted through the official.
The judge referred to the top binder complaint within the second business day, under the responsibility.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
3. Law 31591published October 26, 2022 (link: lpd.pe/k6vVb).
Article 404.- Processing of the resource*
Filed the appeal, the chief Judge may reject it if omitted any requirement of admissibility or provenance. Otherwise, proceed to resolve it, without any process. However, you can ask the Judge to lower, copy, fax, or other means, of the actuated as it deems necessary, but in any case, the shipment of the car key. The copies shall be submitted by the same means.
If you declare founded the complaint, the upper granted the resource and the precise effect if it is of the appeal, communicating to the bottom of his decision to send the file or run it. This communication is without prejudice to the notification to the parties.
The notebook complaint will be maintained in the file of the chief Judge, with the original resolution that resolves the complaint with proof of the date of shipment.
If it is declared to be unfounded, it shall communicate to the lower-court and shall be notified to the parties in the manner provided in the preceding paragraph. In addition, it will condemn the appellant to pay the costs and resource costs and the payment of a fine of not less than three nor more than five Units of a Reference Procedure.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 405.- Effects of the lodging of an appeal
The lodging of an appeal does not suspend the processing of the primary, nor the effectiveness of the resolution of denial.
Exceptionally, at the request of either party and upon provision of contracautela fixed prudencialmente, the Judge of the demand may suspend the main process, through a reasoned decision and irrecurrible.
TITLE XIII: CLARIFICATION AND CORRECTION OF RESOLUTIONS
Article 406.- Clarification
The Judge may not alter the resolutions after notified. However, before the resolution causes enforceable, ex officio or at the request of a party, you can lighten any dark concept, or doubtful, is expressed in the party decision-making of the resolution or to influence it. The clarification you may not alter the substantive content of the decision.
The request for clarification shall be determined without giving process. The resolution rejects is inimpugnable.
Article 407.- Correction
Before the resolution causes executory, the court may, ex officio or at the request of a party, and without any red tape, correct any material error evident that it contains. The numerical errors and spelling can be corrected, even during the execution of the resolution.
By correcting the parties also asked the Judge to complete the resolution in respect of the points raised, but not resolved.
The resolution that rejects the requested correction is inimpugnable.
TITLE XIV: QUERY
Article 408.- Origin of the query*
The only query is against the following decisions of the first instance that are not appealed:
1.- The who declared the ban and the appointment of a guardian or curator;
2.- The who declared the ban and the appointment of a guardian, curator, or designation of support;
3.- The one in which the Judge prefers the constitutional rule to an ordinary legal; and,
4.- The other, which the law says.
Also hails from the query against the decision of the second instance is not appealed in cassation in the preferred the constitutional norm. In this case it is competent to the Constitutional court and Social justice of the Supreme Court.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 409.- Processing of the query*
When appropriate the query, the file is high craft.
The Auxiliary court to send the record to the top within five days, under the responsibility.
The final decision shall be issued within five days following the hearing of the case. Not applicable the order of oral report.
During the processing of the query, the effects of the decision are suspended.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TITLE XV: COSTS AND COST
Article 410.- Costs*
The shores are made up of the court fees, the fees of the bodies of judicial and other legal costs incurred in the process.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 411.- Costs
These are costs of the process, the fee of the Attorney to the prevailing party, plus a five percent destined for the bar Association of the District Court corresponding to your Mutual Fund and to cover the fees of the Lawyers in the cases of Judicial Assistance.
Article 412.- Principles of the costs and fees*
The imposition of the costs and costs not required to be reported and will be borne by the losing party, unless the court expresses and reasons for the exemption.
The costs and cost is set for each instance, but if the second resolution revoking the first, the losing party is sentenced to reimburse the costs and costs of both instances. This criterion also applies to what is resolved on appeal.
If in a process have been discussed several claims, the sentence is incident only on those that have been accepted for the winner.
In the cases in which it had been granted judicial assistance to the prevailing party, the defeated is sentenced to reimburse the legal fees of the Judiciary.
The losing party in an incident should be reimbursed to the winner of the court fees, the fees of the bodies of judicial and other legal expenses incurred during their processing. It is not considered attorney's fees. The corresponding liquidation is performed at the end of the process.
* Article amended by the following devices:
1. Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 413.- Disclaimer and waiver of court fees and Costs*
Are exempt from the costs and expenses of the Executive, Legislative, and the Judiciary, the Public prosecutor's office, the bodies constitutionally autonomous, regional and local governments.
Are exonerated of the costs of the proceedings, Public colleges and Universities, those who obtain Judicial Assistance and the plaintiff in the processes of food within the limits established by law and may be sentenced to the payment of costs and expenses.
It is also exempted those who recognize or comply to the demand within the time limit to answer.
* Article replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
Article 414.- Plurality of subjects, and costs and costs*
When the party ordered to pay the costs and expenses is formed by a plurality of subjects, the conviction to pay jointly and severally bound.
Exceptionally, the Judge in a resolution duly motivated regulates the proportion to be paid by each subject of litigation in response to the activity procedural unfolded. For the same reason, a subject of litigation may be relieved of the costs and costs, by action duly substantiated.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 415.- Agreement on reimbursement of the costs of and costs in the transaction and reconciliation*
The parties must agree on the reimbursement of the costs of and costs when the process is concluded by settlement or compromise. Such agreement is not binding for those who do not participate in it, who are subject to the general rules.
Dropped the agreement on the reimbursement of the costs of and costs, it is understood that each party bears its own.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 416.- Costs and costs in the withdrawal and abandonment*
If the process concludes by withdrawal, whether the process or the claim, who desist is condemned in costs and expenses, unless otherwise agreed.
The abandonment of the process determines the costs and expenses of the plaintiff.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 417.- Settlement of the coast*
After you get a firm resolution that imposes the costs the creditor has the burden of presenting a liquidation of these.
The settlement will attend to the items referred to in article 410, owing to incorporate only the legal costs incurred and corresponding actions legally authorized.
The party condemned has three days to observe the settlement, with evidence suitable. Once the term has expired without observation, the settlement is approved by a resolution inimpugnable.
Made the observation, it is conferred by transfer to the other party for three days. With his acquittal or without it, the Judge resolves. The resolution is appealable without suspensive effect.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 418.- Source of costs
To enforce the payment of the costs, the winner must accompany document indubitable and date confirming your payment, as well as the taxes that apply to you. According to the documents submitted, the Judge shall approve the amount.
Article 419.- Reimbursement of the costs of and costs*
The reimbursement of the costs of and costs is required before the Judge of the execution and is carried out within the third day to get a firm resolution that approves them. The expiration of the term, the lack of payment creates legal interests.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
TITLE XVI: FINES
Article 420.- Literalness of the fine
The fine must be declared judicially elaborated its amount, obliged to make the payment and the proportion in which the support, if there are more than one. When not required it is understood imposed in equal parts.
The fine is the own income of the Judiciary. In no case will proceed to his exoneration.
Article 421.- Unit of payment applicable to the fine
The Reference Unit Procedure applicable to the payment of the fine, shall be that applicable on the date it becomes effective. In the settlement that is present, we will quote the standard that sets the unit of payment.
Article 422.- Settlement and procedure*
The settlement of the fine is made by the Secretary of Court and approved by the Judge of the demand.
All resolutions issued to specify the amount of the penalty are inimpugnables. However, it will appeal without suspensive effect, if the obligor contests the value of the Reference Unit Procedure used to make the settlement.
If the resolution is confirmed, the obligor must pay in addition a sum equivalent to twenty-five percent of the amount paid.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 423.- Payment of a fine*
The fine must be paid immediately after imposed. Otherwise, interest-bearing legal.
The Judge of the case requires the fined of payment. If after ten days of being served with the appropriate resolution has not been paid and the value of the same, it is transferred to the resolution of fine for collection at the relevant office, which has powers coercive.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
FOURTH SECTION: APPLICATION OF THE PROCESS
TITLE I: COMPLAINT AND SUMMONS
Article 424.- Demand-side requirements*
The claim is presented in writing and shall contain:
1.- The designation of the Judge before whom he stands.
2.- The name, identity data, home address, address for service of the applicant and the address procedural-mail, set up by the box, electronic assigned by the Judiciary according to the Law 30229.
3.- The name and address of the representative or attorney of the plaintiff, if unable to appear or does not appear by itself.
4.- The name and address of the defendant. If you ignore this last, they will express this fact under oath, which shall be paid with the filing of the complaint.
5.- The petition, which involves the determination clear and specific than what is asked.
6.- The facts on which melts the request, exposed enumeradamente accurately, with order and clarity.
7.- The legal basis for the request.
8.- The amount of the request, except that he could not be established.
9.- The offering of all the evidence.
10.- The signature of the applicant or his representative or his attorney and the attorney, which shall not be required in the processes of food and judicial declaration of paternity. The secretary respective certify the thumbprint of the applicant illiterate.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 28439published on December 28, 2004 (link: lpd.pe/2VRbw).
3. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
4. Law 30628published on August 3, 2017 (link: lpd.pe/0xRd8).
Article 425.- Annexes demand
The demand must be accompanied by:
1.- Readable copy of the identity document of the applicant and, if applicable, to the representative.
2.- The document that contains the power to start the process, when it is acting by proxy.
3.- The evidence substantiating the legal representation of the applicant, if it is legal persons or natural that can not appear by themselves.
4.- The means of proof of the quality of heir, spouse, curator of goods, property manager, common, executor, or of the title by which act the petitioner, except that such quality is a matter of a conflict of interest, and in the case of the attorney informal.
5.- The supporting documents. If the plaintiff did not have any evidence, describes its contents, stating with precision the place where they are and applying the relevant measures for its incorporation into the process.
6.- Certified copy of the record of settlement out of court, the judicial processes in which matter is subject to such a procedure.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26872published on November 13, 1997 (link: lpd.pe/pNxKM).
3. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
4. Law 30007published on April 17, 2013 (link: lpd.pe/kyvd7).
5. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 426.- Inadmissibility of the complaint*
The Judge declares inadmissible the complaint when:
1.- You do not have the legal requirements.
2.- They are not accompanied by the annexes required by law.
3.- The request is incomplete or inaccurate.
4.- Contains an undue accumulation of claims.
In these cases, the Judge shall order the plaintiff to remedy the omission or defect within a period not exceeding ten days. If the applicant does not comply with what is ordered at the discretion of the Judge, this rejects the demand, and it sorts the file.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 427.- Inappropriateness of the demand*
The Judge declares inadmissible the complaint when:
1.- The plaintiff lacks obviously the legitimacy to act;
2.- The plaintiff lacks manifestly the interest act;
3.- Note the expiry of the right;
4.- There is logical connection between the facts and the petition; or
5.- The request was legal or physically impossible.
If the Judge believes that the demand is manifestly improper, declares it to be so flat out stating the basis for the decision and returning the annexes. If the default relates to any of the claims, the statement of denial is confined to those that performance of the default warned by the Judge.
If the resolution that declares the order to be appealed, the Judge informs the defendant of the appeal. The higher resolution resolved in short order, produces effects for both parties.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 428.- Modification and expansion of the demand*
The plaintiff may amend the complaint before it is notified. It is possible to modify the claims raised in the complaint, provided that the new claims relating to the same dispute that was the subject of the grievance procedure.
You can also extend the amount of what was intended if, before the judgment overpowered new time limits or quotas originated in the same relationship obligacional, provided that the demand has been reserved such a right. To this effect, are thought to be common to the enlargement procedures unprecedented, and is processed only with the transfer to the other party.
Equal rights amendment and extension is the respondent making the counterclaim.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 429.- Evidence extemporaneous*
After made the demand, they can only be offered means of proof referred to new facts and not listed by the other party to respond to the lawsuit or reconvenir.
Submitted documents, the Judge granted a transfer to the other party within five days to acknowledge or deny the authenticity of the documents that are attributed to him.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 430.- Transfer of the claim
If the Judge qualifies the demand positively, he offered the evidence, giving transfer to the defendant to appear at the process.
Article 431.- Location of the defendant domiciled in the territorial jurisdiction of the Court
The arraignment of the defendant will be done by means of card that will be delivered to your real home, if there will be.
Article 432.- Location of the defendant is domiciled outside of the territorial jurisdiction of the Court
When the defendant is not in the place where you will demand, the site will be done by means of I urge the judicial authority of the locality in which it is found.
In this case, the time limit to answer the demand will be increased in accordance with the Table of distances to effect completion of the Executive Council of the Judiciary.
Article 433.- Location outside of the country
If the defendant is out of the country, will be erected by urge you left to the national authorities in the nearest place where domicile.
Article 434.- Arraignment of defendants with addresses different
If the defendants were several, and they find themselves in the Courts territorial jurisdiction is different, the term of the placement will be for all the greater, without regard to the order in which the notices were practiced.
Article 435.- Summons to defendant undetermined or uncertain or domicile or residence ignored*
When the demand is directed against people of indeterminate or uncertain, the site must achieve all those authorised to contradict, and will through edict, according to the provisions of sections 165, 166, 167 and 168, under penalty of nombrárseles guardian ad litem.
When the plaintiff ignore the domicile of the defendant, the site will also be by edict, under penalty of nombrársele guardian ad litem.
The term of the location will be set by each procedure, but in no case will more than sixty days if the defendant is in the country, neither ninety if he was out of it, or is this person indeterminate or uncertain.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 436.- Location of the agent
The site may be made to the agent, provided that it had discretion to do so and the defendant is not found within the territorial jurisdiction of the Court.
Article 437.- Nullity of location defective
It will be no site if it is done in contravention of the provisions of articles 431, 432, 433, 434, 435 and 436. However, there will not be a nullity if the employee offered the defendant the same or more guarantees that this Code regulates.
Nor will there be a nullity if the set appears and not the formula within the prescribed period, or if it is proved that he had knowledge of the process and ignored the claim in a timely manner.
Article 438.- Effects of site*
The location is valid with the demand produces the following effects:
1.- The competition's initial may not be modified, even if subsequently to vary the circumstances that determined.
2.- The request may not be modified outside the cases allowed by this Code.
3.- It is not legally possible to start another process with the same request.
4.- Interrupted extinctive prescription.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 439.- Ineffectiveness of the interruption
Remains without effect, the interruption of the limitation period when:
1.- The applicant withdraws from the process;
2.- There is an abandonment of the process; and
3.- The nullity of the process that is declared, including the notification of the admisorio of the demand.
Article 440.- Facts do not invoked on demand
When the answer to the claim or the counterclaim is invoked facts are not exposed in them, the other party may, within the period specified in each process, that in no event shall be greater than ten days since it was reported, provide the evidence relating to such fact.
Article 441.- Penalty for false oath
If it proves that the plaintiff or his attorney, or both, failed to truth regarding the home address of the defendant, it shall communicate a copy of the action taken to the Public prosecutor for the investigation of the crime and to the College of Lawyers respective for the research due to lack against the professional ethics, if one of the two be a Lawyer.
In addition, a fine will be imposed on individual of not less than ten nor more than thirty Units of Reference in the proceedings, without prejudice to what is provided for in article 4.
TITLE II: ANSWER AND COUNTERCLAIM
Article 442.- Requirements and content of the response to the complaint*
The answer the respondent must:
1.- Observe the requirements for the demand, as appropriate;
2.- Ruling with respect to each of the facts stated in the complaint. The silence, the answer noncommittal or negative generic can be appreciated by the Judge as a recognition of the truth of the facts alleged;
3.- To recognize or deny categorically the authenticity of the documents that are attributed to him, or accept, or deny, in the same way, the reception of documents that it alleged were sent to you. The silence can be appreciated by the Judge as a recognition or acceptance of receipt of the documents;
4.- Expose the facts on which he founded his defense in an accurate, neat and clear;
5.- To provide the means of proof; and
6. Include your signature or that of your representative, or your attorney, and the Attorney. The Secretary respective certify the fingerprint of the defendant illiterate.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 443.- Term of the answer and counterclaim
The deadline to answer and reconvenir is the same and simultaneous.
Article 444.- Annexes to the answer to the demand
The response will accompany the annexes that are required for the demand in article 425, in which it corresponds.
Article 445.- Counterclaim*
The counterclaim is proposed in the same writing that answers the demand, in the manner and with the requirements prescribed for it in the appropriate box.
The counterclaim is admissible if it does not affect the jurisdiction or the jurisdiction original.
The counterclaim is appropriate if the claim contained in it were related to the legal relationship invoked on demand. Otherwise, it will be declared inadmissible.
The transfer of the counterclaim is granted for the time and in the manner established for the demand, and must both be processed together and settled in the sentence.
In the event that the claim reconvenida matter to reconcile the Judge to admit it you need to verify the attendance of the defendant at the Conciliation Hearing, and recording the description of the dispute raised by the latter in the Act of Extrajudicial Conciliation presented appended to the demand.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
TITLE III: EXCEPTIONS AND DEFENSES PRIOR
Article 446.- Exceptions proponibles*
The defendant can only propose the following exceptions:
1.- Incompetence;
2.- Lack of exercise capacity of the applicant or his representative, according to the article 43 of the Civil Code.
3.- Representation defective or insufficient for the plaintiff or the defendant;
4.- Obscurity or ambiguity in the mode of proposing the demand;
5.- Lack of exhaustion of administrative remedies;
6.- Lack of legitimacy to act of the plaintiff or the defendant;
7.- Lis pendens;
8.- Res Judicata;
9.- Withdrawal of the claim;
10.- Conclusion of the process by conciliation or transaction;
11.- Expiration;
12.- Extinctive prescription; and,
13.- Arbitration agreement.
14.- Lack of legal representation or support for exercise capacity, restricted by the petitioner or his representative, according to the article 44 of the Civil Code.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 447.- The period and the way to propose exceptions*
The exceptions are proposed joint and only within the time period provided for in each procedure, sustanciándose in separate notebook without suspend the processing of the main.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 448.- Means of proof of the exceptions*
Are only accepted means of proof documentaries that are offered in the paper which proposes exceptions or absolve.
* Article amended by the Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 449.- Content of the self that resolves the exception*
Acquitted the transfer or after the time limit for doing so, the Judge resolves the exception within the next ten days. If the declared unfounded, declares the sanitation process. Otherwise, the provisions in the articles of 450 and 451.
* Article amended by the Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 450.- Decision and resource in the exceptions*
The exceptions are resolved in a single car. If included among them of incompetence, lis pendens or arbitration agreement and the Judge declares founded one of them, will not solve the other; but if granted [the] appeal, the superior revoke that, it will return what has happened so that the bottom is ruling on the remaining. The car that declares founded an exception is subject to appeal with suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 451.- Effects of exceptions*
Once consented to or ejecutoriado the car that declares founded one of the exceptions listed in article 446, binder exceptions are added to the main and produces the following effects:
1.- Suspend the process until the plaintiff understood in the cases of articles 43 and 44 of the Civil Code to appear, legally assisted or represented, within the time limit set by the auto settlement, if it is the exception to the lack of capacity of the applicant or his representative.
2.- Suspend the process until you remedy the default or the failure of the representation of the petitioner within the time limit set by the auto settlement.
3.- Suspend the process until the applicant to remedy the defects pointed out in the auto settlement and within the term set, if it is the exception of obscurity or ambiguity in the mode of proposing the demand.
4.- Suspend the process until the plaintiff to establish the legal relationship of procedural among the people that the self-settlement order and within the time period it is set, if it is the exception of lack of legitimacy to act of the defendant.
Defeated the time-limits referred to in the preceding paragraphs without complying with what is ordered, it shall declare the nullity of the action taken and the conclusion of the process.
5.- Cancel the action taken and the process is completed, if it is the exceptions of incompetence, inadequate representation of the defendant, lack of exhaustion of administrative procedures, lack of legitimacy to act of the plaintiff, lis pendens, res judicata withdrawal of the claim, in the conclusion of the process by conciliation or transaction, expiration, extinctive prescription or arbitration agreement.
6.- Refer performed to Judge appropriate, if this is the objection of lack of jurisdiction. In the event of the objection of lack of territorial competence relative, the Judge continues with the formality of the process in the state where this is located and if it considers it appropriate, even when the hearing of evidence has occurred, you can renew the performance of any or all of the means of proof, in accordance with the last paragraph of article 50. In other cases, the Judge must proceed to be installed again with the demand.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 28544published on June 16, 2005 (link: lpd.pe/k8X63).
3. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
4. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 452.- Identical processes*
There is identity of processes, when the parties or whom they derive their rights, the petition and the interest to act, are the same.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 453.- Under the exceptions lis pendens, res judicata withdrawal of the claim or conclusion of the process by conciliation or transaction*
Are well-founded exceptions of lis pendens, res judicata withdrawal of the claim or conclusion of the process by conciliation or transaction, respectively, when it starts a process identical to another:
1.- That is in progress;
2.- That has already been solved, and with judgment or award firm;
3.- In the plaintiff withdrew the claim; or,
4.- The parties settled or compromised.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 454.- Inappropriateness of the exception as a nullity
The acts that are exceptions, may not be invoked as a ground for nullity by the defendant that he could propose as exceptions.
Article 455.- Proposal and processing of the defenses prior
The defenses prior as the benefit of inventory, the benefit of discussion and other governing standards materials, are proposed and handled as exceptions.
Article 456.- The purposes of or pursuant to a defense preview
Declared founded a defense prior effect is to suspend the process until the time or act intended as background for the exercise of the right of action.
Article 457.- Costs, costs, and fines of exceptions and defenses prior
Costs, costs, and fines to the processing of exceptions and defenses prior will be paid by the losing party. Additionally, and according to the manifest lack of merit, the Judge may condemn it to the payment of a fine of not less than three nor more than five Units of a Reference Procedure.
TITLE IV: REBELLION
Article 458.- Budget for the declaration of rebellion*
If, on the expiry of the period to respond to the lawsuit, the defendant, to whom you have been served validly it does not, you will be declared a rebel.
It will also be declared a rebel by the complaining party who notified with the conclusion of the patronage of his Lawyer, or the resignation of his attorney, he does not appear within the time period specified in article 79.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 459.- Notification of the rebellion*
The declaration of rebellion will be notified by card if the rebel has a new address.
In the opposite case, it shall be by edicts.
In the same way you will be notified of the following resolutions: who declares reorganized the process, citing the audience, the summons for judgment, the judgment thereof, and that require compliance. The other resolutions shall be deemed to have notified the same day that they were to the other party.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 460.- Process and rebellion*
Declared a rebellion, the Judge shall rule on the sanitation of the process. If you declare a reorganized, shall proceed to issue a judgment, subject to the exceptions provided in article 461.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 461.- Effect of the declaration of rebellion*
The declaration of rebellion and cause legal presumption regarding the truth of the facts stated in the complaint, except that:
1.- There are several located, any answer to the demand;
2.- The claim is grounded in a rights restricted;
3.- Requiring by law that the claim sued is try a document, this document was not accompanied to the claim; or
4.- The Judge declared, in a reasoned resolution, which does not produce conviction.
* Sumilla modified by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 462.- Income of the rebel to the process
The rebel can be brought into the process at any time, subject to the state in which it is located.
Article 463.- Rebellion and precautionary measures
Declared a rebellion, may be granted precautionary measures against the set to ensure the outcome of the process, or against the plaintiff in the case of a counterclaim.
Article 464.- Costs, and costs of the rebellion
They are in charge of the rebel costs and costs caused by its default.
TITLE V: SANITATION OF THE PROCESS
Article 465.- Sanitation of the process*
Dealt with by the process in accordance with this SECTION and with regard to the modifications provided for each jurisdiction, the Judge, ex officio, and even when the set has been declared a rebel, issue resolution declaring:
1.- The existence of a legal relationship procedural valid; or,
2.- The nullity and the consequent conclusion of the process for disability irremediable of the relationship, identifying its defects; or,
3.- The grant of a term, if the defects of the relationship were corrected, according to what is established for each jurisdiction.
Having overcome the defects, the Judge will declare healing process because of the existence of a relationship procedural valid. Otherwise, we will declare it null and void, and consequently concluded.
The resolution declaring the process is completed, or the grant term to remedy the defects, is without appeal with suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 466.- Effects of the sanitation process
Decree or final resolution, which declares the existence of a legal relationship procedural valid, precluye any request referred to, directly or indirectly, the validity of the relationship above.
Article 467.- Effects of the declaration of invalidity of the relationship procedure*
Decree or final resolution, which declares the invalidity of the relationship procedure or the expiration of the term without which the claimant to remedy the defect which invalidates it, the Judge will declare the process is completed imposing on the applicant the payment of costs and expenses.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TITLE VI: HEARING SETTLEMENT CONFERENCE, OR FIXING OF CONTROVERTED POINTS AND SANITATION EVIDENCE
Article 468.- Fixation of controverted points and sanitation evidence
Issued the self-sanitation procedure, the parties within the third day of notified that they will propose to the Judge in writing the points at issue. After this period of time, with or without the proposal of the parties, the Judge will proceed to set the points at issue and the statement of admission or rejection, as the case may be, of the evidence offered.
Only when the action of the evidence admitted is required, the Judge will signal the date and time for the completion of the Hearing of Evidence. The decision by ordering the execution of this hearing is waived of it is actionable without suspensive effect, and with the quality of deferred. By getting rid of this Hearing, the Judge shall proceed to judgment in advance, without prejudice to the right of the parties to solicit the performance of any oral report.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 469.- [Repealed]*
* Article repealed by the Only Provision Repealing the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 470.- [Repealed]*
* Article repealed by the Only Provision Repealing the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 471.- [Repealed]*
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was repealed by the Only Provision Repealing the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 472.- [Repealed]*
* Article amended by the Law 26635published on June 23, 1996 (link: lpd.pe/2rgYm). Then, this article was repealed by the Only Provision Repealing the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
TITLE VII: JUDGEMENT EARLY IN THE PROCESS
Chapter I: Trial early in the process
Article 473.- Judging advance the process.*
The Judge shall inform the parties of its decision to issue a judgment without admitting any other proceeding in which the oral report:
1.- When she warns that the matter under discussion is just about right, or, also being a fact, there is no need to act evidence in the hearing thereof; or,
2.- It is consensual or final resolution that declares a reorganized the process, in cases in which the declaration of rebellion produces legal presumption of relative truth.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Chapter II: early termination of the process
Article 474.- Conclusion of the process
The Judge will declare the process is completed if, during its processing have any of the cases provided for in article 321 and paragraphs 2, 4 and 5 of Article 322.
FIFTH SECTION: LITIGATION PROCESSES
TITLE I: THE PROCESS OF KNOWLEDGE
Chapter I: general Provisions
Article 475.- Origin*
Are processed in the process of knowledge, before the Civil Courts, litigation matters that:
1.- Do not have a jurisdiction, they are not assigned by law to other courts and, in addition, when by its nature or complexity of the claim, the Judge to consider the worthiness of their processing;
2.- the estimated wealth of the request is greater than a thousand Units of a Reference Procedure;
3.- are invaluable in money or there is doubt about its amount, and the Judge to consider the worthiness of their origin;
4.- the claimant considers that the matter under discussion only it were law; and,
5.- others indicated in the law.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27155published on 11 July 1999 (link: lpd.pe/pWBVX).
3. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 476.- Requirements of the activity procedure
The process of knowledge starts with the regulated activity in the FOURTH SECTION of this BOOK, subject to the requirements set out therein for each act.
Article 477.- Fixation of the process by the Judge*
In the cases of paragraphs 1 and 3 of article 475, the resolution duly reasoned that declared applicable to the process of knowledge in replacement to the one proposed, will be issued without citation to the defendant and is inimpugnable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 478.- Deadlines*
The time limits applicable to this process are:
1.- Five days to lodge studded or opposition to the evidence, counted from notice of the resolution that are offered.
2.- Five days to clear the studs or oppositions.
3.- Ten days to file exceptions or defenses prior, counted from the notice of the claim or counter-claim.
4.- Ten days to carry out the transfer of the exceptions or defenses prior.
5.- Thirty days to respond to the demand and reconvenir.
6.- Ten days to provide evidence if the answer is invoked facts are not exposed in the complaint or counterclaim, in accordance with article 440.
7.- Thirty days to absolve the transfer of the counter-notification.
8.- Ten days to remedy the defects advised in relation to the proceedings, pursuant to article 465.
9.- Repealed
10.- Fifty days for the completion of the hearing of evidence, pursuant to the second paragraph of article 471.
11.- Ten days since conducted the hearing of evidence, the conduct of hearings special and complementary, to be the case.
12.- Fifty days to issue a judgment, in accordance with article 211.
13.- Ten days to appeal the sentence, in accordance with article 373.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 479.- Special time of the site
For the cases provided for in the third paragraph of article 435, the time will be sixty and ninety days, respectively.
Chapter II: special Provisions
Subchapter 1: Separation or divorce on grounds
Article 480.- Processing*
The claims of separation and divorce on the grounds listed in numbers 1 to 12 of article 333 of the Civil Code, subject to the procedure of the process of knowledge, with the particular features up-regulated in this subchapter.
These processes will only be a boost to the request of a party. When you have minor children, both the plaintiff and the defendant shall append to his claim or defence, a proposal in respect to the claims of tenure, visitation, and food. The Judge evaluates the similarities between the proposals and in view of the nature of the claims, you can summon a hearing complementary under article 326 of the Code of Civil Procedure, in which you hear to the children, girls and adolescents on whom versa the agreement.
The Judge evaluates the similarities between the proposals on the basis of a criterion of reasonableness, also take into consideration the conduct of proceedings with one that has frustrated the act of settlement with respect to such claims.
* Article amended by the following devices:
1. Law 27495published on July 7, 2001 (link: lpd.pe/0LngO).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Article 481.- Intervention of the Public prosecutor
The Public Ministry is a part in the processes referred to in this Subchapter, and, as such, does not issue an opinion.
Article 482.- Variation of the claim
In any state of the process before the ruling, the plaintiff or the reconviniente, can modify their claim of divorce to a separation of bodies.
Article 483.- Build a native of claims
Unless there is a judicial decision, a firm must build up to the pretension main separation or divorce, the claims of food, holding and care of children, suspension or deprivation of parental rights, separation of marital property and other related rights or obligations of the spouses or with their children or of the conjugal partnership, which directly be affected as a result of the receivable principal.
It is not applicable in this case, the provisions of paragraphs 1 and 3 of article 85.
The claims accessory that had judicial decision-consensual, can be accumulated proposing their variation.
Article 484.- Accumulation of successive
Processes pending judgment in respect of the claims accessory cited in the article 483, build up to the main process at the request of a party.
The accumulation will be required attesting to the existence of the dossier, should the Judge be referred to this within the third day, under the responsibility. The Judge will decide your country of origin in decision inimpugnable.
Article 485.- Precautionary measures
After you filed the complaint are especially from the precautionary measures on provisional separation of the spouses; food; tenure and care of children by one parent, by both, or by a guardian or curator provisional; and conservation and management of the common goods.
TITLE II: PROCESS SHORTCODE
Chapter I: general Provisions
Article 486.- Origin*
Are processed in shortened process the following matters:
1.- Withdrawal;
2.- title accessory, acquisitive prescription, and remediation of areas or boundaries;
3.- civil liability of Judges;
4.- expropriation;
5.- arbitration court;
6.- challenge of the act or administrative decision;
7.- the claim whose request to have an estimate wealth greater of one hundred and one thousand Units of a Reference Procedure;
8.- those who do not have a jurisdiction of their own, are invaluable in money or there is doubt about its amount, or by the nature of the claim, the Judge to consider the worthiness of their employment; and,
9.- others indicated in the law.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 487.- Fixation of the process by the Judge*
In the case of item 8. Article 486, the resolution that declared applicable to the shortened process, you will be issued without citation to the defendant and is inimpugnable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 488.- Competition*
They are competent to know the processes shortcuts Civil Judges, the Peace Lawyers, except in those cases in which the law attributes his knowledge to other courts. The justices of the Peace Lawyers are competent when the amount of the claim is more than a hundred up to five hundred Units of a Reference Procedure; when it exceeds this amount, the Civilian Judges.
* Article amended by the following devices:
1. Law 27155published on July 11, 1999 (link: lpd.pe/pWBVX).
2. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 489.- Normativity extra
It is applicable to this process as provided in article 476, with the modifications set forth in this Chapter.
Article 490.- Counterclaim
It is inappropriate to the counterclaim on the matters referred to in paragraphs 1, 2, 3, 5 and 6 of article 486.
Article 491.- Deadlines*
The time limits applicable to this process are:
1.- Three days to lodge studded or opposition to the means of proof, starting from the notification of the resolutions that are offered.
2.- Three days to clear the studs or oppositions.
3.- Five days to file exceptions or defenses prior, counted from the notice of the claim or counter-claim.
4.- Five days to carry out the transfer of the exceptions or defenses prior.
5.- Ten days to respond to the demand and reconvenir.
6.- Five days to provide evidence if the answer is invoked facts are not exposed in the complaint or counterclaim, in accordance with article 440.
7.- Ten days to carry out the transfer of the counter-notification.
8.- Ten days for the issuance of the writ of sanitation counted from the expiration of the period to respond to the lawsuit or reconvenir.
9.- Twenty days for the completion of the hearing of evidence, pursuant to the second paragraph of article 471.
10. Five days for the completion of the hearings, special and complementary, to be the case.
11. Twenty-five days to issue a judgment, in accordance with article 211.
12. Five days to appeal the sentence, in accordance with article 373.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 492.- Special time of the site
For the cases provided for in the third paragraph of article 435, the time will be thirty and cuarenticinco days, respectively.
Article 493.- Abbreviation of the procedure*
Acquitted the transfer or after the time limit for doing so, the Judge shall proceed in accordance with the articles 449 and 468.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 494.- Appeal*
In this process you will have suspensive effect of the appeal of the resolution, which declares inadmissible the complaint, which declares the invalidity of the relationship procedure with character irremediable, which declares founded an exception or defense prior to the sentence. Other appeals shall be granted without suspensive effect, and will have the quality of deferred, unless the Judge decides the process immediately, by resolution duly motivated.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter II: special Provisions*
* Label incorporated by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Subchapter 1: Withdrawal
Article 495.- Requirements and special annexes
In addition to complying with articles 424 and 425, the claim must be attached with the certificate of deposit in cash equivalent of the benefit received by the transferor, the taxes and the expenses paid by the purchaser and, in his case, the interest due for it, and that it would have earned.
If the transfer is agreed period for payment of the balance, the retrayente warranty enough, at the discretion of the Judge, within the second day.
Article 496.- Legitimacy passive
The demand is to be directed against the transferor and the transferee of the property which is trying to retract.
Article 497.- Out of order*
The demand will be declared inadmissible if it gets out of the period of thirty days calculated from the knowledge of the transfer.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 498.- Provision unknown
If the retrayente unknown the consideration paid or payable by the acquirer, will make the deposit or provide the warranty that apply, as the case may be, within the second day of their knowledge.
Article 499.- Special requirement of the answer
If the claim is expressed is not known, the price of the consideration paid or owed by the good that you try to retract, in the reply, you must expressly indicate this fact.
Article 500.- Order special demand
In addition to the assumptions of article 427, the claim will be rejected if the retrayente does not meet any of the requirements referred to in article 495 or pointed out in the article 498, within the term established there.
Article 501.- Burden of proof
The burden of proof of knowledge of the transfer corresponds to the defendants.
Article 502.- Conclusion special process*
In any state of the process, the Judge may declare your conclusion if, having indicated the retrayente unaware of the benefit paid or due, proves that knew her or that he was in reasonable attitude of knowing it. In the same resolution, the Judge will impose a fine of not less than twenty nor more than forty Units of Reference in the proceedings, without prejudice to the costs and process costs. The decision is subject to appeal with suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 503.- Accumulation of successive processes
In the case of the article 1600 of the Civil Code, it is appropriate to the accumulation of successive processes.
Subchapter 2: Title accessory, acquisitive Prescription and Rectification or delimitation of areas or boundaries*
* Name changed by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 504.- Processing*
Is processed as a shortened process the claim that formula:
1.- The owner of a good that has no documents proving their right, against his immediate transfer or the past, or their respective successors in order to obtain the granting of the title to the property concerned;
2.- The possessor to be declared owner by prescription; and
3.- The owner or possessor for that to be rectified the area or the boundaries, or to limit them by means of demarcation.
This process only a boost to the request of a party.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 505.- Special requirements*
In addition to the provisions of the articles 424 and 425, the claim must meet the following additional requirements:
1.- It will be indicated in all cases: the time of the possession of the plaintiff and its cause; the date and manner of acquisition; the person, be the case, be registered rights on the well; and, when appropriate, the names and place of service of the owners or occupants of property adjacent.
2.- It will describe the well with the greatest possible accuracy. In the case of real property be accompanied by: location maps and perimeter, as well as a description of the existing buildings, signed by an engineer or a registered architect and duly countersigned by the municipal authority or administrative corresponding, according to the nature of the good; and, as the case may be, certified municipal or administrative on the person named as the owner or holder of the well.
The Judge may, if it considers it necessary, require the presentation of proof of payment of the taxes that affect the well.
3.- In the case of property registration in a public registry or private, shall be accompanied, in addition, literal copy of the seats respective of the last ten years, if it comes to real estate, urban, or five years if it is immovable rustic or personal property, or certification attesting that the goods are not enrolled.
4.- Will necessarily as evidence the testimony of not less than three nor more than six persons, over the age of twenty-five years, without prejudice to the other means of proof that it deems relevant.
5.- In the case of demarcation is offered as a test, in addition, the judicial inspection of the property.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 506.- Location
Even if you know the name and domicile of the defendant or defendants, and, in your case, neighbouring, in the car, admisorio of the lawsuit, the Judge shall provide that the extract of the same is published three times, with an interval of three days, in the manner provided in the articles 167 and 168.
In the case of article 435, and always try to rural land, you will be also notified by broadcasting for five consecutive days as provided for in Article 169.
Article 506-A. fantastic Location*
In respect of the property that has more than twenty co-owners with the rights and actions which have been duly registered, the claimant may avail of the figure provided in subparagraph a) of article 24 of the Orderly Unique Text of the Organic Law of the Judiciary, Supreme Decree 017-93-JUS. The waiver of court fees is to a greater number of twenty defendants in the processes of acquisitive prescription
* Article incorporated by the Law 31967published December 24, 2023 (link: lpd.pe/0mgPm).
Article 507.- Intervention of the Public prosecutor
In the cases referred to in the second paragraph of Article 506, or when the set has been declared in default, shall request the opinion of the Public Ministry before pronouncing judgment. The opinion shall be issued within ten days, under the responsibility.
Article 508.- Query
Where the opinion of the Public prosecutor, in the case of the article 507, contrary to the claim sued and the judgment that supports the demand was not appealed, it will rise in query to the Superior Court.
Subchapter 3: civil Liability of Judges
Article 509.- Source
The Judge is liable when in the exercise of its judicial function to cause harm to the parties or to third parties acting with dolo or culpa inexcusable, without prejudice to the administrative sanction or criminal deserves it.
The conduct is willful if the Judge incurred in misrepresentation or fraud, or if denied justice by refusing or omitting an act or make another for influence.
Incurred in culpa inexcusable when you make a serious error of law, makes interpretation unsustainable of the law or cause helplessness at not analyze the facts proven by the affected.
This process only a boost to the request of a party.
Article 510.- Presumption of dolo or culpa inexcusable
It is presumed that the Judge acts with dolo or culpa inexcusable when:
1.- The resolution contrary to his own opinion expressed earlier in a similar case, except that motivate the fundamentals of the change.
2.- Resolves discrepancies with the opinion of the Public prosecutor or on discord, as the case may be, on topics on which there is case law mandatory or uniform, or on the basis of fundamentals unsustainable.
Article 511.- Competition grade*
The Specialized Judge in Civil cases, or the Mixed Judge, in his case, it is the competent to know the processes of civil liability of judges, even if the liability is attributed to the members of the Higher Courts and the Supreme Court.
* Article amended by the Law 29364published on may 28, 2009 (link: lpd.pe/2GeE1).
Article 512.- Prior opinion of the Public Ministry
Before you provide the complaint, the Public prosecutor's office issued a ruling on the origin of this within ten days of receipt, under the responsibility.
The resolution, which declares inadmissible the complaint is without appeal with suspensive effect.
Article 513.- Depletion of media impugnatorios
The demand be made, only after you've exhausted the means impugnatorios provided for in the law against the resolution that cause damage.
Article 514.- Term
The demand must be filed within three months from that was executory resolution that caused damage.
Article 515.- Regulation of liability
The amount of the indemnification, exoneration and the burden of proof of the damage caused are regulated by the rules of the Civil Code relating to the non-fulfillment of obligations, as applicable.
Article 516.- Forced to damages
The obligation to pay damages is solidarity between the State and the Judge or Judges collegiate issued resolutions cause of the grievance.
Article 517.- Effects of the judgment
The statement that declares founded the demand has only property. In no case affect the validity of the resolution that caused the grievance.
In execution of sentence and provided that you have reserved such a right at the complaint, the complainant may require that the defendant, at your expense, to publish the final judgment for two consecutive days in a newspaper of national circulation.
Article 518.- Demand malicious
If the declared unfounded the claim, the Judge considered that the claimant has acted with malice, or if during the process has been disseminating information through mass media that affects the honor of the defendant, shall be imposed a penalty of not less than ten nor more than fifty Units of Reference in the proceedings, without prejudice to the provisions of article 4.
Subchapter 4: Expropriation*
* Subchapter amended by the Law 27117published on may 20, 1999 (link: lpd.pe/pbbzL).
Article 519.- Competency in this matter
All claims arising out of or related to the expropriation is processed in accordance with the provisions of this subchapter.
Article 520.- Requirements of the demand.
In addition to the requirements and annexes provided for in sections 424 and 425, the application shall be accompanied by:
1.- Certified copies of the legal provisions authoritative or stipulation and execution of the expropriation.
2.- Certified copy of the registry entries by expropriate or in your case, certification that the well is not enrolled. In this case they will accompany the public or private documents attesting to the status of the owner or possessor, in your case.
3.- Technical documents of identification and evaluation of the well to expropriate according to the intended destination. When dealing with real estate rural or urban is accompanied by a certified copy of the plans of location and perimetric and the descriptive section of the well, extended according to the law of the matter.
4.- Appraisal reasoned statement of the commercial value updated at the date the resolution executor of the expropriation, according to what is established in article 16 of the General Law of Expropriation.
5.- The communication through which the active subject provides an amount for compensation justipreciada.
6.- Compensation properly documented presented by the passive subject of the expropriation on your time according to what is established in the first paragraph of Article 9 of the General Law of Expropriation. This requirement is not enforceable in the event that contemplates the fifth paragraph of Article 9 of the act.
7.- Certificate of allocation of compensation justipreciada that includes the value of the commercial tax up to date and the compensation proposed by the taxable person in favour of the dispossessed when appropriate, in accordance with the provisions of the General Law of Expropriation.
Declare inadmissible the complaint when it has not been entered in favor of the taxpayer compensation justipreciada, when so required by the General Law of Expropriation.
Article 521.- Site of a third party to the process.
When dealing with property registered and logged right in favour of a third party, it must notify the claim to the latter, under penalty of nullity of the act.
If the actuated it turns out that the well expropriated or credit for the expropriation were subject to the levies, embargoes, or other action in or out of court, the Judge will either have the amount withheld to ensure the payment of such charges with knowledge of the interested party.
Admitted the claim, the Judge will order the lock-registration of the game where it registered the property to be expropriated to the issuance of the judgment.
In the case of goods not registered and provided that the record conclusively or reasonably that the good that is the subject of the expropriation is being exploited or otherwise owned by a third party, this will be reported with the complaint, under penalty of responding to the plaintiff for the damages that such omission causes.
If the third party intervenes, his performance is subject, as long as it is relevant to the provisions of Chapter VII of Title II of the SECOND SECTION of this Code.
Article 522.- Requirements of the response
The answer must comply with the requirements of Article 442 and can only be supported by:
1.- Expiration of the right, when the demand for expropriation was filed after 6 (six) months published or notified, whichever occurs first, the legal provision that authorizes or provides for the expropriation.
2.- Invalidity, illegality, ineligibility or incompatibility of constitutional legal device that authorizes or provides for the expropriation.
3.- Dissatisfaction with the commercial tax up-to-date.
Article 523.- Counterclaim
The counterclaim is subject to the provisions of article 445, and can only be supported by:
1.- The claim of expropriation total of the good or complementary with each other. This can only be supported by the fact that the part or fraction of the goods or the goods were not affected by the expropriation, downgrade, or when they are useless for the purpose they were intended for before the expropriation partial or incomplete.
2.- The claim of expropriation of the land, together with the sobresuelo and subsoil matters of expropriation, when the ownership of said land may not be used or exploited, partially or fully, or that its commercial value decrease greatly.
Article 523-A. - Contradiction
In the event of contradiction on the part of the active subject of the expropriation of the compensation for damages, the Judge will order the passive subject of the expropriation grant contracautela in favor of the State, through collateral or bond and bank guarantee.
The Judge will only deliver the amount of compensation justipreciada, once granted the collateral or bond and bank guarantee referred to in the preceding paragraph, to be the case. In the course will not be granted a guarantee in favour of the active subject, it will be delivered to the taxable person an amount of compensation justipreciada in execution of a sentence.
The Judge will deliver the amount of compensation justipreciada, meet deadlines of the statement of defense and counterclaim, with the proviso of the preceding paragraph, and of the cases in which according to the General Law of Expropriation payment is made in execution of a sentence.
* Article incorporated by the Law 27117published on may 20, 1999 (link: lpd.pe/pbbzL).
Article 524.- Effects of the declaration of rebellion
The declaration of rebellion to the defendant makes a boast only in conformity with the value of the commercial tax up-to-date, accompanied by the demand.
Article 525.- Evidence
Offered expertise, the acceptance of the position by the experts attested to by the signature affixed by them in writing that presents the party that it designates. In no event will support more than 2 (two) estimators for the valuation of each well, according to its species and nature.
Article 526.- Content of the act of settlement*
The act of settlement may only be the object of the agreement on the value of the compensation justipreciada, the validity of the grounds for expropriation and, in his case, the claims subject to counterclaim.
In default of the act of settlement and, if the defendant had been offered as evidence of the expertise of the asset value, the Hearing of Evidence shall not be made earlier than 10 (ten) not later than 20 (twenty) days from the sanitation procedure.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 527.- Hearing Tests
The Hearing Test will be conducted in accordance with the provisions of Article 202 of this Code.
When the conclusions of the expertise performed by the passive subject is different from the commercial tax up-to-date submitted by the complainant, the Judge may dispose of the court itself, the designation of 2 (two) court-appointed experts. Accepted your appointment, we will quote to these, to the parties and the other experts for a special hearing to be held within a period of not less than 7 (seven) or more than 15 (fifteen) days, and in which, with the present at the same, with or without expertise, casting, there will be a discussion of the expert under the direction of the Judge.
The judgment points out who is the obligor to the payment of the fees of the expertise of the casting, according to the results of the findings of the same.
Article 528.- Execution of the sentence
Decree or final judgment that declares founded all or part of the claims discussed, observe the rules contained in Chapter V of Title V of the FIFTH SECTION of this Code with the following particularities:
1.- The Judge executor shall require the complainant or respondent, as appropriate, the refund of the difference between the amount of the compensation justipreciada referred to in the judgment and the payment made by the active subject of the expropriation. In the event that the taxpayer does not return within the tenth day of notification to execute the guarantee referred to in article 523-A. In case that the active subject should pay back an amount you must cancel it in the same term under penalty of expiration and reversion.
2.- The Judge executor shall require the complainant to under penalty of expiration of the expropriation within 10 (ten) working days declaring in the Bank of the Nation, available to the court, the compensation justipreciada established in the judgment duly up-to-date up to the date of the consignment, according to the provisions of article 18 of the General Law of Expropriation, as well as an amount, that the Judge shall determine, to cover the possible expenses. This subsection shall only be applicable in the event that the claimant is opposite to the amount of the compensation and the defendant had not offered a guarantee.
In the processes in which it has been granted the possession provisionally referred to in article 530, the allocation established in the preceding paragraph shall be in an amount equal between the amount of the compensation justipreciada established in the judgment, duly up-to-date, and the amount indicated at the time of application of possession temporary.
3.- The Judge shall provide that the taxable person to comply within a period not to exceed 5 (five) days of being required to sign the documents traslativos of property, according to the nature of the dispossessed and formalities. For these purposes, the applicant must submit the project in the respective documents.
In the same resolution will be ordered also to be the case, the delivery of possession within the period specified in subsection 6 of this article, under penalty of delivery in rebellion of the forced and of passing on the expenses. If the well is owned by a third party, we will require your delivery on the same schedule.
4.- The opposition duly informed of the taxpayer on the amount or method of calculation of the update of the compensation justipreciada, of to be the case, or on the text of the documents of transfer, shall be resolved by the court within the third day. The resolution duly motivated is appealable without suspensive effect.
5.- Granted the appeal, either ex officio or at the request of a party, the Judge may require the complainant or the respondent, as appropriate, the provision of appropriate guarantees for the refund of the differences as to declare the resolution appealed.
6.- When the case of rural land with temporary crops or other property subject to exploitation or commercial use, industrial, mining or similar, the Judge shall determine the term of unemployment and delivery which shall not be less than ninety (90) nor more than hundred and eighty (180) days whereas, in the case of real property with a farm, the proper time for gathering the harvest.
When it comes to urban land, the term shall be no less than 60 (sixty) or more than 90 (ninety) days from notice of the requirement.
When it comes to movable property, the Judge will order the delivery term of not less than 5 (five) or more than 10 (ten) days after the request.
Article 529.- Claim of a third party*
Except for the cases referred to in article 521 do not accept any intervention of a third party in the process.
The owner or other third party that is deemed to be affected by the expropriation or deemed to have right about the amount of the valuation, you can exercise your rights in the way appropriate without hindering the process of expropriation.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 530.- Possession Temporary*
The application of possession temporary well in the exceptional cases referred to in article 24 of the General Law of Expropriation, may be formulated in any state of the process after the sanitation process, and is issued as a precautionary measure.
The application of possession provisional state the grounds of fact and law that justify it, accompanied by the certificate of appropriation by the amount resulting from the valuation, in case that the plaintiff would have opposed the compensation proposed by the defendant, referred to in subsection 7 of Article 520, duly up-to-date with legal interest until the date of the application.
Without prejudice to the provisions of article 627, 25% (twenty five percent) of the amount appropriated will serve as contracautela for any damages that may generate the possession temporary.
The resolution is silent on the requested injunction is appealable without suspensive effect, except that in the process of discussing the causal of the expropriation.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 531.- Expiration*
The right of expropriation of any subject asset expires in the following cases:
– When you do not have initiated the procedure of expropriation within a period of six months from the publication or notification of the statement that starts the execution of the expropriation.
– When he had not completed the legal procedure of expropriation within seven years from the publication of the ruling supreme corresponding.
Expiration occurs in its own right. The judge of the case in the states at the request of a party and may not have again the expropriation of the same asset for the same cause, but after a year of such expiration.
* Article amended by the following devices:
1. Law 27961published on may 8, 2003 (link: lpd.pe/k6XnD).
2. Law 30025published on may 22, 2013 (link: lpd.pe/0qzdm).
Article 532.- Rollback*
If within the period of twelve months, calculated from the completion of the legal process of expropriation, has not been given to the well expropriated the fate that led to this action or have not yet commenced the work for which the provision for the same, the former owner or his heirs may request the reversal in the state in which it is expropriated, to repay the same amount of money received as compensation justipreciada, with the right to claim for the damages that might have been irrogado.
When the well expropriated necessary for the implementation of investment projects, whose extension includes immovable property of different owners, the period of time indicated in the preceding paragraph shall be computed as of the completion of the last process of expropriation of such property.
Within ten business days of approval or final judgment that declares founded the claim of the plaintiff, this should be included on the Bank of the Nation, the amount perceived with the deduction of the expenses and taxes.
The right to request the reversal expires three months from the day following the expiry of the period referred to in the first paragraph of this article.
* Article amended by the Law 30025published on may 22, 2013 (link: lpd.pe/0qzdm).
Subchapter 5: Third-Party
Article 533.- Foundation*
The third-party sympathises with the plaintiff and the defendant, and may only be based on the property of the goods affected in court for injunctive relief or for the execution; or in the preferential right to be repaid with the price of such goods.
Without prejudice to the above, may be based on ownership of property affected with real guarantees, when the right of the tercerista is registered prior to this assignment.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 534.- Opportunity*
The third property may be filed at any time before the start of the auction of the well. The preferential right before you make the payment to the creditor.
The competent judge is the Judge of the process in which it intervenes.
* Article amended by the Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8)
Article 535.- Inadmissibility
The demand for third-party will not be accepted if you do not meet the requirements of article 424, and, in addition, if the plaintiff does not prove his right to a public document or a private date, in his default, if he fails to give sufficient security to the discretion of the Judge to answer for the damages that the arbitration court could irrogar.
Article 536.- Effects of the third-party property
Supported third-party property, they will suspend the process if you were in the stage of execution, even if it is consensual or executory the decision ordering the sale of the goods, unless they are subject to deterioration, corruption or loss of or which conservation is overly burdensome. In these cases, the product of the sale is not affected by the outcome of the arbitration court.
The tercerista you can obtain the suspension of the injunction or the enforcement of the well-affected, if the warranty is granted sufficient discretion of the Judge in the case did not prove that the goods are his property.
Article 537.- Effects of the third-party right of first refusal
Supported third-party right of first refusal, is suspended from the payment to the creditor until it decides ultimately on the preference, unless the tercerista give assurance to the discretion of the Judge to answer for a capital, interest, costs, costs, and fines.
The tercerista may intervene in the proceedings relating to the sale of the good.
Article 538.- Collusion and malice
If proof of the collusion between tercerista and defendant, shall be imposed to both and to their Attorneys, jointly and severally, a fine of not less than five nor more than twenty Units of Reference Procedure, the more the compensation for damages, costs and expenses. In addition, the Judge shall send to the Ministry of Public certified copy of the performed relevant to the exercise of the criminal action appropriate.
The same penalties shall be imposed to the person who requested and executed maliciously as a precautionary measure.
Article 539.- Suspension of the injunction without third-party
The aggrieved by a preliminary injunction issued in the process that is not a party, may request the suspension without building third-party, appending the title of the property registered. The order runs a shuttle to the parties. If you suspend the measure, the resolution is irrecurrible. In the opposite case, the interested party may initiate arbitration court, according to the article 533.
Subchapter 6: Challenge of the act or administrative decision
Article 540.- [Repealed]*
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was repealed by the First Provision Repealing the Law 27584published December 7, 2001 (link: lpd.pe/2GX6E).
Article 541.- [Repealed]*
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26810published on June 18, 1997 (link: lpd.pe/2V7NO).
3. Law 27352published on October 9, 2000 (link: lpd.pe/k9q8N).
Then this article was repealed by the First Provision Repealing the Law 27584published December 7, 2001 (link: lpd.pe/2GX6E).
Article 542.- [Repealed]*
* Article amended by the Law 27038published December 31, 1998 (link: lpd.pe/kjgyN). Then this article was repealed by the First Provision Repealing the Law 27584published December 7, 2001 (link: lpd.pe/2GX6E).
Article 543.- [Repealed]*
* Article repealed by the First Provision Repealing the Law 27584published December 7, 2001 (link: lpd.pe/2GX6E).
Article 544.- [Repealed]*
* Article repealed by the First Provision Repealing the Law 27584published December 7, 2001 (link: lpd.pe/2GX6E).
Article 545.- [Repealed]*
* Article repealed by the First Provision Repealing the Law 27584published December 7, 2001 (link: lpd.pe/2GX6E).
TITLE III: PROCESS SUMARISIMO
Chapter I: General Provisions
Article 546.- Origin*
Are processed in process summary the following matters:
1.- Food;
2.- separation and conventional divorce later;
3.- interdiction;
4.- eviction;
5.- injunctions;
6.- those who do not have a jurisdiction of their own, are invaluable in money or there is doubt about its amount, or, because, due to the urgency of the guardianship court, the Judge to consider the worthiness of their employment;
7.- those whose estimated wealth is not more than a hundred Units of a Reference Procedure; and,
8.- others indicated in the law.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 547.- Competition*
They are competent to know the processes sumarísimos specified in subsections (2) and (3) of article 546, the Judges of the Family. In the cases of subsections (5) and (6), are competent Judges.
Justices of the Peace Lawyers know the matters referred to in paragraph (1) of article 546.
In the case of subsection (4) of article 546, when the monthly rent is greater than fifty Units of a Reference Procedure, or there is no amount, are competent Judges. When the amount is up to fifty Units of Reference and Procedural, are competent Judges of Peace Scholars.
In the case of subsection (7) of article 546, when the claim is up to ten Units of Reference and Procedural, is competent to decide on the justice of the Peace, and up to fifty Units of Reference proceedings to resolve through conciliation; when you exceed these amounts, it is the jurisdiction of the justice of the Peace Lawyer.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27155published on July 11, 1999 (link: lpd.pe/pWBVX).
3. Law 28439published on December 28, 2004 (link: lpd.pe/2VRbw).
4. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
5. Law 29566published on July 28, 2010 (link: lpd.pe/2DyRN).
6. Law 29824published on January 3, 2012 (link: lpd.pe/21q9o).
7. Law 29887published on June 20, 2012 (link: lpd.pe/2g3wq).
Article 548.- Normativity extra
It is applicable to this process as provided in article 476, with the modifications described in this Chapter.
Article 549.- Fixation of the process by the Judge*
In the case of paragraph 6 of article 546, the resolution that declared applicable to the process using summary proceedings, will be issued without a subpoena to the respondent, in duly substantiated decision and inimpugnable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 550.- Special time limits of the site
For the cases provided for in the third paragraph of article 435, the time will be fifteen and twenty-five days, respectively.
Article 551.- Inadmissibility or impropriety
The Judge, rate the demand, you can declare it inadmissible or out of order, in accordance with the provisions of the articles 426 and 427, respectively.
If you declare inadmissible the complaint, granted to the plaintiff three days to remedy the default or default, under penalty of filing of the record. This resolution is inimpugnable.
If you declare inadmissible the complaint, it shall order the return of the annexes submitted.
Article 552.- Exceptions and defenses prior
Exceptions and defenses prior stand to answer the demand. The only permitted means of proof of immediate action.
Article 553.- Evidence
The studded or oppositions are only issued with evidence of immediate action, which will happen during the hearing provided for in article 554.
Article 554.- Audience only*
To support the claim, the Judge granted the defendant five days for the answer.
Answered the demand or the expiry of the deadline for doing so, the Judge shall set a date for the hearing of sanitation, testing, and judgment, which must be held within ten days of answered the demand or of the expiry of the term for it, under the responsibility.
At this hearing, the parties may be represented by proxy, without any restriction.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 555.- Performance*
At the start of the hearing, and to have deduced exceptions or defenses prior, the Judge will order the plaintiff to the acquit after which, they will act the evidence relevant to them. After its performance, if it is unfounded exceptions or defenses prior proposals, declare healing process. The Judge, with the intervention of the parties, shall decide the issues in dispute and determine which will be the subject of the test.
Then, reject the evidence that it considers unacceptable or inappropriate, and shall provide for the performance in relation to the issues of proof that may be raised, resolviéndolas immediately.
Performed the evidence relating to the merits, the Judge shall give the floor to the lawyers, who ask for it. Then, immediately, and oral, makes known to the parties, the sense of the judgment of the judgment. Within five (5) days following, the Judge notified in writing to the parties with the full amount of the judgment.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
3. Law 31464published on may 4, 2022 (link: lpd.pe/pLnr9).
Article 556.- Appeal*
The resolution cited in the last paragraph of article 551, which declares founded an exception or defense prior to the sentence are subject to appeal with suspensive effect, within the third day of notified. It is excepted from this rule to the judgment in the process of food, which is appealable without suspensive effect.
The other resolutions are only appealable during the hearing, without suspensive effect, and with the quality of deferred, of application, article 369 in regards to your procedure.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 31464published on may 4, 2022 (link: lpd.pe/pLnr9).
Article 557.- Regulation extra*
The audience only regulates supplemented by the provisions of this Code to the hearing test.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 558.- The process of the appeal with suspensive effect*
The processing of an appeal with suspensive effect and without suspensive effect, subject to the provisions of articles 376 and 377, respectively.
* Article amended by the Law 31464published on may 4, 2022 (link: lpd.pe/pLnr9).
Article 559.- Improcedencias*
In this process there are from:
1.- The counterclaim.
2.- The reports on the facts.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 30293published on December 28, 2014 (link: lpd.pe/0K5K8).
Chapter II: special Provisions
Subchapter 1: Food
Article 560.- Special jurisdiction
Corresponds to the knowledge of the process of food to the Judge of the domicile of the defendant or the plaintiff, at the option of the latter.
The Judge will reject plane any challenge to the jurisdiction of the territory.
Article 561.- Procedural representation
To exercise the procedural representation:
1.- The guardian by the court that plaintiff able to;
2.- The father or the mother of the minor petitioner, even though they themselves are minors;
3.- The guardian;
4.- The curator;
5.- The defenders of children referred to the Code of Children and Adolescents;
6.- The Public prosecutor in his case;
7.- The directors of the establishments of minors; and,
8.- Others point to the law.
Article 562.- Exemption from payment of Court Fees*
The petitioner is exempt from the payment of court fee, provided that the amount of the alimony claimed does not exceed twenty (20) Units of a Reference Procedure.
* Article replaced by the Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
Article 563.- Prohibition of absence*
At the request of a party, and when it can be proven in an indubitable manner the bond of family, the judge may prohibit the defendant leave the country while you are not guaranteed due to the compliance of the assignment early or alimony.
This prohibition applies regardless of whether they have been producing the fulfillment of the assignment early or alimony.
For the purposes of complying with the ban, the judge studied ex officio to the competent authorities.
* Article amended by the Law 29279published on November 13, 2008 (link: lpd.pe/pZL9Y).
Article 564.- Access of craft to on-line information on the financial ability of the defendant*
The judge, ex officio, go online to the automated information system (electronic spreadsheet) of the Ministry of Labour and Employment Promotion (Mintra) or to the automated information system of Superintendence, National Customs and Tax Administration (Sunat), and pulls in real-time information about the work center of the defendant, their pay, bonuses, vacation and any amount of freely available from the employment of this and, if that is the case, to get information about the commercial or professional activity separate and above the monthly rent received for these, as well as the affidavits of annual rent that would have made for these activities.
Also, go online to the automated system of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds, and pulls in real-time banking and financial information of the respondent.
The resolution ordering the access, ex officio, to the information on the employment situation and economic capacity of the defendant must be properly reasoned and is inimpugnable.
The judge proceed the same way to obtain information from the National Superintendant of the Public Registries (Sunarp) on the goods and chattels active and inactive of the defendant and the National Registry of Identification and Civil Status (Reniec) on the total number of minor children who have this.
For other cases, this information is required to bound to the payment of the compensation for the services rendered by the defendant. In this course, this information is presented in a term of not more than seven (7) days, under threat. In the event of default or if the judge checks the falsehood of the information provided, it refers certified copies of the performed relevant to the Public Ministry for the exercise of the criminal action appropriate.
* Article amended by the following devices:
1. Law 29279published on November 13, 2008 (link: lpd.pe/pZL9Y).
2. Law 31464published on may 4, 2022 (link: lpd.pe/pLnr9).
3. Law 32006published on April 24, 2024 (link: lpd.pe/0AZdo). According to the Third Additional Provision End, the Law 32006 set a deadline of 30 days of vacatio legis. So also, he pointed out that the proceedings initiated before the entry into force corresponds to the new law in the state in which they reside.
Article 565.- Special annex of the answer
The Judge will not accept the reply if the defendant does not accompany the last affidavit filed for the application of your income tax or document that is legally replaced. Not to be bound to the declaration, accompanied by a certification, sworn of their income, with signature legalized.
In this case, is the application of the second paragraph of article 564.
Article 565-A. - special Requirement of the demand*
It is a requirement for the admission of demand reduction, variation, assessment or waiver of alimony that the plaintiff required the provision of food proves to be up to date in the payment of the alimony.
* Article incorporated by the Law 29486published December 23, 2009 (link: lpd.pe/2doJP).
Article 566.- Run early, and forced execution*
The maintenance to fix the sentence is to be paid for the period of advance and running even though no appeal. In this case, it will form separate notebook. If the judgment of view, modify the amount, you will have to pay.
Obtained a final judgment that supports the claim, the Judge will order the defendant to open a savings account in favor of the plaintiff in any institution in the financial system. The account will only serve for the payment and collection of child support ordered.
Any claim regarding the failure of the payment will be solved with the report that, under the responsibility, issued to the financial institution at the request of the Judge on the motion of the account. Also, in replacement of the expert's report, the Judge may request the financial institution to liquidate the legal interest that has accrued the debt.
Opened accounts only and exclusively for this purpose are exempt from any tax.
In areas where there are no financial institutions, payment, and delivery from the alimony will be made in cash by letting himself be recorded in the minutes that will be appended to the process.
* Article amended by the Law 28439published on December 28, 2004 (link: lpd.pe/2VRbw).
Article 566-A. - Warning and referral to the Prosecutor*
If the bound, after having been notified to the execution of a sentence with a quality firm, does not comply with the payment of the food, the judge, ex officio, and under the responsibility, upon liquidation, the requirement of the fulfillment of the payment and the express consent of the representative procedure of the minor person, shall transmit certified copies of the pieces procedural relevant to the provincial prosecutor of criminal turn, so that appropriate, in accordance with their powers in accordance with the literal d) paragraph 1 of article 446 of the New Code of Criminal Procedure.
* Article incorporated by the Law 28439published on December 28, 2004 (link: lpd.pe/2VRbw). Then, this article was amended by the Law 31960published December 18, 2023 (link: lpd.pe/0qm7n).
Article 567.- Interests and update the value
The alimony generates interest.
Regardless of the amount claimed, the Judge at the time of the issuance of statement or its implementation you must upgrade it to its real value. For that purpose, shall take into account the provisions of article 1236 of the Civil Code.
This rule does not affect the benefits already paid. You can request the update of the value, even though the process is already sentenced. The request will be resolved with the subpoena to the bound.
Article 568.- Settlement
The process is completed, on the basis of the proposal made by the parties, the Clerk of Court will practice the liquidation of the pension accrued and the interest calculated from the day following the notification of the lawsuit, in response to what happened in the notebook assignment early. The liquidation shall be granted transfer to the bound for the term of three days and with your reply or without it, the Judge will resolve. This decision is appealable without suspensive effect.
The accrued subsequently be paid for in advance.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 569.- Baseless lawsuit
If the judgment is reversed, declaring himself to be unfounded, all or part of the claim, the claimant is obliged to repay the amounts it has received, the more your legal interests in accordance with the provisions of article 567.
Article 570.- Assessment
When you demand the apportionment of food, corresponds know the process of the Judge who conducted the first location.
While dealing with the process of assessment, the Judge may appoint provisionally, at the request of a party, the portions must perceive each applicant's income affected.
Article 571.- Extensive application
The rules of this Subchapter are applicable to the processes of increase, reduction, change in the form of loaning, assessment, discharge and termination of alimony, as they are relevant.
Article 572.- Warranty
While it is in effect the judgment that provides for the payment of food, is required to bound the constitution of a guarantee, at the discretion of the Judge.
Subchapter 2: Separation and conventional divorce later
Article 573.- Supplementary application*
The claim of separation and extinction of the patrimonial regime of society of community property by agreement of the parties and the divorce, in accordance with subsection (13) of Article 333 of the Civil Code, respectively, are subjected to the procedure of the process summary with the particularities up-regulated in this Subchapter.
* Article amended by the Law 27495published on July 7, 2001 (link: lpd.pe/0LngO).
Article 574.- Intervention of the Public prosecutor*
In the processes referred to in this Subchapter, the Public prosecutor is involved as a party only if the spouses have children subject to parental authority, and as such does not issue an opinion.
* Article amended by the Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 575.- Special requirement of the demand
The demand must be attached especially the proposal for a convention, signed by both spouses, that regulates the regimes of the exercise of parental authority, of food and of the liquidation of the society of marital property in accordance with inventory valued goods the ownership of which is accredited.
The inventory valued only require signature legalised of the spouses.
Article 576.- Anticipation of guardianship
Issued the self admisorio, have legal effectiveness of the agreements of the convention annexed to the complaint, without prejudice to the provisions of the judgment.
Article 577.- The special representation
Court proceedings can be made via the guardian, vested with powers specific to this process.
Article 578.- Revocation
Within thirty calendar days following the hearing, either spouse may revoke his or her decision, in which case you archive the file.
Not supported repeal is partial or conditional.
Article 579.- Content of the sentence
The sentence will host the content of the proposed convention, provided that you properly secured the obligation and duties of custody and rights of minors or disabled.
Article 580.- Divorce*
In the case referred to in the first paragraph of article 354 of the Civil Code, it is appropriate to the request to dissolve the marriage bond, after two months of notification of the judgment of separation, the resolution of the mayor or the notarial deed of separation conventional. The Judge will issue a judgment, which, after three days of notification of the other party; and the mayor, or notary public, who knew of the separation process conventional, resolve the order within a period not exceeding fifteen days, under the responsibility.
* Article amended by the following devices:
1. Law 28384published on November 13, 2004 (link: lpd.pe/0mqwX).
2. Law 29227published on may 16, 2008 (link: lpd.pe/0Q9KR).
Subchapter 3: Ban
Article 581.- Origin*
The demand for interdiction applicable in the cases provided for in article 44, paragraphs 4 to 7 of the Civil Code.
The demand is directed against the person whose ban is requested, as well as with those who have the right to request had not done so.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 582.- Specific annexes
In addition to the provisions of article 548, the demand will be accompanied by:
1.- If this is prodigal, and of those who incur bad management: the offering of not less than three witnesses and documents in proof of the facts that are invoked; and
2.- In other cases: the medical certification on the state of the alleged injunction, which is understood to be issued under an oath or a promise of truth, and shall be ratified at the hearing in question.
Article 583.- Special case*
In the case of a person referred to in article 44, paragraphs 4 to 7 of the Civil Code which constitutes a serious danger to the peace of mind to the public, the lawsuit can be filed by the Public prosecutor or by any other person.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 584.- Rehabilitation
The declaration of rehabilitation can be requested by the injunction, its curator, or a person claiming to have an interest and legitimacy to act, following the rules of this Subchapter. It should be sited to those who participated in the process of interdiction, and the curator, in your case.
Subchapter 4: Eviction
Article 585.- Procedure*
The restitution of the land is dealt with accordance to the process summary, and the accuracies indicated in this Subchapter.
Proceed to the decision of the plaintiff, to accumulate the claim for payment of a rental when the eviction is based on the causal. If you do not opt for the accumulation, the plaintiff may enforce the collection of the leases in the executive process according to its nature.
When the complainant's designation by the accumulation of the payment of rent and eviction, is with the exception of the requirement provided for in subsection (3) of article 85 of this Code.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 29057published on June 29, 2007 (link: lpd.pe/0LNKN).
Article 586.- Subject assets and liabilities in the eviction*
Can sue: the owner, the landlord, the manager and whoever, except as provided in article 598, consider having the right to the restitution of premises.
May be sued: the tenant, the subtenant, the precarious or any other person to whom it is demanded restitution.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 587.- Third, with title or without*
If the land is occupied by a party external to the relationship established between the plaintiff and the person to whom it gave him the possession, the claimant must report it on your demand. The respondent will be notified with the demand and be able to participate in the process.
If, at the time of the notification of admisorio it warns of the presence of a third party, who notified will teach you the process, your right to participate in it and the effect that will result in the sentence.
The third party can act as litisconsorte volunteer of the defendant from the unique audience.
If, during the hearing, warning that the party lacks title of possession, the Judge shall apply the provisions of article 107.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 588.- Lack of legitimacy passive*
If the set proves not to be a holder, but only to a relationship of dependence with respect to another, retaining possession on behalf of and in compliance of orders and instructions of yours, you must sobrecartarse the admisorio and proceed in accordance with the provisions of article 105, except that the one who requires you to be the owner who maintains the relationship of subordination.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 589.- Notification*
In addition to the home address indicated in the complaint, this should be notified in the land subject matter of the claim, if it were different.
If the premises do not have to view numbering that identifies, the notifier will fulfill its mission asking the neighbors, and writing a record about what happened.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 590.- Eviction accessory
You can run the launch in a process of knowledge or abbreviated, provided that the refund has been sued cumulatively, without prejudice of the established in the third paragraph of article 87.
Article 591.- Limitation of evidence
If the eviction is based on the grounds of lack of payment or expiration of the term, is only admissible in the document, the declaration of a party, and the expertise your case.
Article 592.- Requirement
The launch will be ordered, at the request of a party, after six days of notification of the decree that declares consented to the judgment or ordering it meets the ejecutoriado, as the case may be.
Article 593.- Release*
Decree or final judgment that declares founded the demand, the launch will be run against all those who occupy the yard, although they were not involved in the process or may not appear in the minutes of notification.
It is understood made the launch, only when delivery of the property to the plaintiff in its entirety and completely unoccupied.
If, within two months following the launch proves that the vanquished have returned to enter the venue, the winner can request a new release.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 594.- Sentence with conviction for the future*
The eviction may be sued before the expiration of the period to restore the well. However, relying demand, the launch can only be run after six days of the expiration of the term.
If the set is allanara to the demand and the expiration of the period to put the good available to the plaintiff, he shall pay the costs and process costs.
In the contracts of lease of immovable property, with signatures notarized before a notary public or justice of the peace, in those places where there is no notary public, containing a clause to search for the future of the lessee, for the restitution of the property by the conclusion of the contract, or by a resolution of the same for non-payment as established in article 1697 of the Civil Code, the Judge notifies the demand to the tenant for which, within a period of six days, proving the validity of the contract of lease or termination of the rent due.
The expiration of the term established without proof of what is stated in the previous paragraph, the Judge orders the release in fifteen days, in accordance with article 593 of the Code of Civil Procedure.
It is competent for the application for return of the property, in contracts with clauses of a search warrant, the Judge of the place where is located the well-matter of the contract.
The debt of the lessee judicially recognized originates from the registration of the defendant in the Registry of Debtors Court Delinquent.
* Article amended by the Law 30201published on may 28, 2014 (link: lpd.pe/0zvxV).
Article 595.- Pay enhancements*
The holder may demand the payment of improvements following the procedure of the process summary. If before is sued for eviction, you must file your lawsuit in a term that will expire on the day of the answer. This process is not cumulative to the eviction.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 596.- Return of other goods*
The provisions of this Subchapter is applicable to the claim for restitution of movable and immovable property other than land, in the appropriate box.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Subchapter 5: Injunctions
Article 597.- Competition
The injunctions are dealt with by the Civil Judge, except as provided in the second paragraph of article 605.
Article 598.- Locus standi
Anyone who considers upset, or stripped down in your possession, you can use the interdict, even against those who hold other rights in rem of a different nature on the object of the disturbance.
Article 599.- Source
The injunction is appropriate in respect of property, as well as a good furniture enrolled, provided it is not for public use.
Also comes the injunction to protect the possession of bondage, when it is apparent.
Article 600.- Requirements and annexes
In addition to the provisions of Article 548, in demand should be expressed necessarily the facts in that consists of the grievance and the era in which they were made.
The evidence must be referred exclusively to prove the possession and the act perturbatorio or desposesorio or its absence.
Article 601.- Extinctive prescription
The claim interdictal prescribes a year after the fact which is the basis of demand. However, after this period of time, the plaintiff may exercise your right to possession in a process of knowledge.
Article 602.- Accumulation of claims
You can sue cumulatively to the demand interdictal, the claims of payment of fruits and the compensation for the damages caused.
Article 603. Injunction to recover*
Applicable when the possessor is deprived of its possession, provided that it has not mediated process prior.
However, if it is proved that the seizure occurred in the exercise of the right contained in section 920 of the Civil Code, the claim will be declared inadmissible.
Proceed to request the application of possession temporary well once you have been admitted to the demand, which is subject to the requirements and procedures of the interim measure.
* Article amended by the Law 30199published on may 18, 2014 (link: lpd.pe/kwRYw).
Article 604.- Demand founded and injunction to recover
Declared to be founded to the lawsuit, the Judge will order be restored to the plaintiff the right of possession of that was private and, if applicable, to the payment of the fruits and of the appropriate compensation.
Article 605.- Booty and judicial procedure special
The third dispossessed as a result of the execution of a court order issued in a process that has not been located or quoted, may lodge an injunction to recover.
The third party aggrieved with the court order must go before the Judge who issued requesting the refund. If the Judge considers from the order you will access immediately to him. Otherwise, we will reject, being opened the right of the third to make it count in another process.
Article 606.- Injunction to retain
Applicable when the possessor is disturbed in his possession.
The disturbance may consist of acts or materials of a different nature as the execution of works or the existence of constructions in a dilapidated state. If so, the claim shall consist of the suspension of the continuation of the work or the destruction of the built environment, although it can accumulate both claims. In all cases, the claim shall consist of the cessation of such acts.
Admitted the claim, the Judge shall order, in decision inimpugnable, is to practice a judicial inspection, designating expert witnesses or any other evidence it deems relevant. The action is understood to be with the one who is in charge of the well-inspected.
Article 607.- Reasoned judgment and injunction of retaining
Declared to be founded to the lawsuit, the Judge will order you to cease the acts perturbatorios and what is appropriate according to the second paragraph of Article 606, in addition to the payment of the fruits and of the compensation, to be the case.
TITLE IV: PROCESS PRECAUTIONARY
Chapter I: Precautionary Measures
Article 608.- Competent judge, opportunity and purpose*
The competent court to issue interim measures is one that is enabled to hear the claims of the lawsuit. The judge may, at the request of a party, issue a precautionary measure before the beginning of the process or within it, except different layout established in the present Code.
All the precautionary measures out-of-process, designed to ensure the effectiveness of the same claim, must be requested before the same judge, under penalty of nullity of resolutions precautionary issued. The applicant must clearly express the intention to sue.
The precautionary measure is intended to ensure compliance of the final decision.
* Article amended by the following devices:
1. Law 29384published on June 28, 2009 (link: lpd.pe/0Lnw9).
2. Law 29803published on November 6, 2011 (link: lpd.pe/p3RZx).
Article 609.- Substitution of Judge
Whether by estoppel, challenge, excusación or abstention provides the knowledge of the main pass to another Judge, he will know well of the process precautionary.
Article 610.- Application requirements
The one who asks the measure must:
1.- Lay out the basics of your claim injunctive relief;
2.- Note the form of this;
3.- Indicate, if applicable, the assets that should be the extent and the amount of their involvement;
4.- Offer contracautela; and
5.- To designate the body of judicial assistance, if this were the case. When it comes to natural person credit with your id by appending a legalized copy of your personal identity card.
Article 611.- Content of the decision prudential*
The judge, according to the nature of the claim and main in order to achieve the effectiveness of the final decision, dictates a precautionary measure in the form requested or that it considers appropriate, provided that, of the foregoing and the evidence presented by the plaintiff, to appreciate:
1.- The plausibility of the claim relied on.
2.- The need for the issuance of a decision preventive constitute a danger to the delay of the process or for any other justifiable reason.
3.- The reasonableness of the measure to ensure the effectiveness of the claim.
The extent required only affects assets and rights of the parties bound by the material relationship or of their successors, in your case.
The accurate resolution of the form, nature and scope of the contracautela.
The decision that supports or rejects the injunction is properly motivated, under penalty of nullity.
* Article amended by the following devices:
1. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
2. Law 29384published on June 28, 2009 (link: lpd.pe/0Lnw9).
Article 612.- Features of the preliminary injunction
Every precautionary measure is to import a prejudgment and is temporary, and instrumental variable.
Article 613.- Contracautela and discretion of the judge*
The contracautela aims to ensure the person affected, with an injunction compensation for the damages that may cause to its execution.
The admission of the contracautela, in terms of its nature and amount, it is decided by the judge, who may accept the proposal by the applicant, graduarla, modify it or even change it by which is necessary to ensure the eventual damage that can cause the execution of the precautionary measure.
The contracautela can be either real or personal. Within the second includes the bond juratoria, the that can be admitted, duly substantiated, provided that it is proportionate and effective. This form of contracautela is offered in the writing which contains the application of a precautionary measure, with legalization of signature to the secretary concerned.
The contracautela of real nature is constituted with the merit of the decision of the court supported and rests on the property of the one who offers it; the judge refers the craft respective to their enrollment in the corresponding record.
In the case of the execution of the contracautela, this is acting, at the request of the interested, before the judge that ordered the extent and in the same notebook precautionary; that solves it is desirable prior to transfer to the other party.
When supported contracautela subject to a time limit, it is without effect, as a precautionary measure, if the movant does not extend or offers another of the same nature or efficacy, without the need of requirement and within the third day of the expiration of the term.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
3. Law 29384published on June 28, 2009 (link: lpd.pe/0Lnw9).
Article 614.- With the exception of contracautela
The Legislative, Executive, and Judiciary, Public prosecution, constitutional bodies, autonomous, Regional and Local Governments and universities are exempt from paying contracautela. Also what is the party who has been granted Judicial Assistance.
Article 615.- Special case of source
It is from the order of injunction, of whom it has obtained a favorable ruling, although it was contested. The requested injunctive relief is requested and run in separate cover before the justice of the demand, with a certified copy of the actuated relevant, without the need to comply with requirements set out in paragraphs 1 and 4 of article 610.
Article 616.- Special cases of impropriety
Not taken precautionary measures for future forced execution against the Powers, Legislative, Executive, and Judiciary, Public prosecution, constitutional bodies, autonomous, Local and Regional Governments, and universities.
Nor proceed against the property of individuals assigned to public services necessary to provide the Governments referred to in the previous paragraph, when its execution, affecting its normal development.
Article 617.- Variation*
At the request of the holder of the measure, and in any state of the process can vary it, either by modifying its shape, varying the goods which bear, or its amount, or by replacing the body of judicial assistance.
The affected part with the measure you can make similar to order, which will be resolved prior notice to the other party.
To resolve these requests, the Judge will address the particular circumstances of the case. The decision is appealable without suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 618.- As early
In addition to precautionary measures regulated, the Judge may adopt measures in advance in order to avoid irreparable damage or to ensure temporarily the execution of the final judgment.
To this effect, if a measurement has been carried out on goods perishable or whose value will deteriorate over time, or other cause, the Judge, at the request of a party, may order its sale, after notice to the contrary. The sale may be made subject to the stipulations agreed upon by the parties. The money earned maintains its function precautionary, and may be requested conversion to another currency if it proved to be their need. The decision on the transfer or conversion is appealable without suspensive effect.
Article 619.- Effectiveness of the injunction
Solved the main in the end, and in a way favorable to the holder of the provisional measure, it will require the implementation of the decision, failing to proceed to judicial enforcement.
The judicial execution will start affecting the property on which it rests with the injunction to his purpose.
Article 620.- Cancellation of the contracautela
Solved the main in the end, and in a way favorable to those who obtained the injunction, the contracautela offered is cancelled as of right.
Article 621.- Penalties for injunctive relief unnecessary or malicious
If it is declared unfounded, a demand whose claim was secured by a precautionary measure, the holder shall pay the costs and process costs case, a fine of not more than ten Units of Reference of the proceedings, and, at the request of a party, shall be condemned also to indemnify the damages caused.
The compensation shall be fixed by the Judge of the demand within the same process, prior to transfer for three days.
The resolution decided by the fixation of costs, costs and fines can be appealed without suspensive effect; that which establishes a repair, compensation is with suspensive effect.
Article 622.- Deterioration or loss of good affection to injunctive relief
The movant of the measure and the body of judicial assistance respective, are jointly and severally liable for the deterioration or the loss of the good affection to injunctive relief. This responsibility is regulated and established by the Judge of the demand following the procedure provided for in Article 621.
Article 623.- Involvement of third party
The injunction may relapse in a third party, when confirming their relationship or interest with the principal head of claim, provided that it has been cited with the demand. Executed the extent the third party is entitled to intervene in the primary process, and in the interim.
The debtor and third parties to the relationship obligacional able to oppose the change of your home according to the provisions of Article 40 of the Civil Code. This opposition takes effect even in the act of execution of the injunction, under the responsibility of the judge and/or auxiliary court.
* Article amended by the Law 27723published on may 14, 2002 (link: lpd.pe/p3r49).
Article 624.- Liability due to the involvement of third party
When it is solidly established that the well-affected to the extent it belongs to someone other than the defendant, the Judge will order its reversal immediate, even if the measure had not been formalized. The petitioner shall pay the costs and process costs a precautionary and under the circumstances you lose the contracautela in favor of the owner.
If it proves bad faith on the part of the movant, is punishable by a fine of not more than thirty Units of Reference to Procedural oficiándose to the Public prosecutor for the purposes of the criminal proceedings to which they are entitled.
Article 625.- Extinction of the injunction granted with the Code Repealed
In the process initiates with the Code of Civil procedure, 1912, the provisional measure is extinguished by operation of law at the five years from its execution. If the main process had not concluded, the judge, at the request of a party, provide for the updating of the measure. This decision requires a new execution when it involves a registration.
* Article amended by the Law 28473published on march 18, 2005 (link: lpd.pe/pAvEd).
Article 626.- Responsibility of the Judge and of the Clerk*
When the Judge designates the body of judicial assistance, is civilly liable for the deterioration or loss of the good subject to injunctive relief caused by it when his appointment would have been ostensibly inidónea. In this case, it will be subject to the special procedure established in this Code.
The Secretary intervener is responsible when the damages arise in their neglect to execute the injunction. The penalty applies to the Judge at the request of a party, when they heard the alleged infringer and actuándose expertise if it considers this necessary. The procedure will be done in the notebook of a precautionary measure. The decision is subject to appeal with suspensive effect.
* Sumilla and article modified by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 627.- As unnecessary
If the claim is sufficiently guaranteed, it is inappropriate to the order of injunction. However, it can be granted if it proves that the warranty has suffered from a decline in value or claim has been increased during the course of the process, or other causes analogous.
Article 628.- Replacement of the measure
When the injunction guarantees a claim of money, the affected person may deposit to the amount set in the measure, with what the Judge flat out replace. The amount of the deposit will be maintained in a guarantee of the claim and will be subject to the legal interest rate. This decision is inimpugnable.
It should also be the replacement of the measurement when the affected party to provide assurance to the discretion of the Judge, who will resolve prior to transfer to the petitioner for three days.
Article 629.- Injunction generic
In addition to precautionary measures regulated in this Code and other legal devices, they can request and grant a not planned, but to ensure the most appropriate way the execution of the final decision.
Article 630.- Cancellation of the measure*
If the judgment at first instance declared unfounded the claim, the injunction is cancelled, although this has been contested. However, at the request of the applicant, the Judge will be able to maintain the validity of the measure to review by the higher court, provided that it is offered contracautela of real nature or joint and several guarantee.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 631.- Plurality of bodies of judicial assistance
When the measurement falls on more of a good and its nature or location warranted, the court may designate more than one body of judicial assistance.
Article 632.- Rights of the organ of judicial assistance
The organs of judicial assistance paid the remuneration that at his request they set the Judge. The movant is responsible for their payment with a charge to the final settlement, and it must be done effective simple requirement. Decisions in relation to the remuneration are appealable without suspensive effect.
Article 633.- Overseer special*
Either party may request the appointment of an overseer that fiscalice the work of the organ of judicial assistance. The resolution shall specify their duties and powers, as well as the frequency with which it will submit its written report, which will be brought to the knowledge of the parties.
In attention to what is reported and what is expressed by the parties, the Judge shall have the modifications it deems appropriate, being able to subrogate to the auxiliary observed. Against this decision proceeds appeal without suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 634.- Rights and responsibilities of the supervisor
The overseer is assimilated to the body of judicial assistance to the effects of their remuneration.
The provider that fails to comply with its obligations, is liable for the damages and damages, without prejudice to the responsibility to get the Articles 371 and 409 of the Criminal Code.
Subchapter 2: precautionary Procedure
Article 635.- Autonomy of the process
All actions relating to the obtaining of an injunction, make up an autonomous process for which special notebook.
Article 636.- Precautionary measure and out-of-process*
Run the measurement before starting the main process, the beneficiary must file your application before the same Judge, within ten days of such act. When the procedure settlement out of court necessary for the origin of the demand, the deadline for the filing thereof shall be computed from the conclusion of the grievance procedure, which shall be commenced within five business days after you have taken knowledge of the execution of the measure.
If not brought the lawsuit in a timely manner, or it is rejected liminarmente, or not go to the center of conciliation in the indicated term, the provisional measure expires as of right. Ready admission of the claim for revocation of the top, the injunction requires new processing.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 637.- Processing of the measurement*
The application injunction is granted or rejected without knowledge of the part affected in attention to the basics and test the application. Applicable appeal against the order denying the preliminary injunction. In this case, the defendant is not notified and the upper absolves the degree without admission any intervention. In case of precautionary measures out-of-process, the judge must assess their own incompetence territorial.
Once issued the injunction, the party concerned may lodge an objection within a period of five (5) days, counted from which it takes knowledge of the preliminary ruling, in order that it may make the defence relevant. The formulation of the opposition does not suspend the execution of the measure.
Relying opposition, the judge rescinds the precautionary measure. The resolution resolves the opposition is appealable without suspensive effect.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
3. Law 29384published on June 28, 2009 (link: lpd.pe/0Lnw9).
Article 638.- Run by a third party and auxiliary police*
When the execution of the measure need to be fulfilled by a public official, the Judge shall, under confirmation, via email, the mandate ordering the measure, however with the actuated that it considers to be relevant or, exceptionally, by any other reliable means that leaves a record of its decision.
When the circumstances needed the support of the public force, is addressed to a craft containing the respective mandates of the police authority.
By the merit of its receipt, the officer or the police authority are obliged to their immediate execution, precise and unconditional, under criminal liability.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 639.- Concurrence of precautionary measures
When two or more measures affect a well, these ensure the claim that they have been granted, according to the priority based on the date of his execution. If you could not require proof of priority, shall be established by the rights that underpin the claim.
Article 640.- Formation of the binder precautionary
In a process in the process, the binder prudential is formed with a simple copy of the demand, its annexes and the resolution admisoria. These are added to the application prudential and its supporting documents. For the processing of this resource is forbidden to the order master record.
Article 641.- Implementation of the measure*
The implementation of the measure shall be undertaken by the Secretary concerned in day and hour days or enabled, with the support of the public force if necessary. Can be descerraje or other similar events, when the case justifies it. Of this performance the auxiliary sit minutes signed by all the operators and certified by him. In your case, shall be recorded by the negative sign.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Chapter II: precautionary Measures specific
Subchapter 1: Measures for future execution forced
Article 642.- However
When the principal head of claim is appreciable in money, you can apply to a lien. This consists in the involvement legal entity of a good or the right of the alleged forced, even if you are in possession of a third party, bookings for this course points out the law.
Article 643.- Kidnapping*
When the main process is particularly aimed at the elucidation of the right of property or possession on a particular well, the measure might affect this, with the character of judicial sequestration, with the dispossession of his fork and delivery to a custodian designated by the Judge.
When the measure tends to ensure the payment obligation contained in a title is executive in nature or out of court, can be put on any asset of the debtor, with the character of kidnapping conservative, also with dispossession and delivery to the custodian.
Apply to the kidnapping, when to be compatible with its nature, the provisions referring to the embargo.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 644.- Identification of the goods seized or sequestered
In the execution of the seizure or sequestration, the auxiliary court shall specify on the record, under the responsibility and with the help of an expert when necessary: the nature of the goods, number, or amount, of their manufacturer, year of production, conservation status and operation, numbering, registry and other data necessary for its proper identification and return in the same condition in which they were deposited or kidnapped. Also identify the person designated as the organ of assistance, certifying the delivery of the goods to it.
Article 645.- Extension of the embargo
The lien is on the property affected, and you may reach out to their accessories, fruits and by-products, provided that they have been requested and granted.
Article 646.- However, in a regime of co-ownership
When, however, relies on a good subject to a regime of co-ownership, the effect only reaches the quota required.
Article 647.- Kidnapping of vehicle* * *
The vehicle subjected to kidnapping, will be admitted in store owned or driven by the custodian, accessible to the affected or viewer, if there is one. The vehicle may not be withdrawn without the written order of the Judge of the measure. While it is in effect the kidnapping, will not rise up the order of capture or immobilization.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 647 A. - Kidnapping conservative on assets*
In the case of the rendering of kidnapping, conservative, or lien, on magnetic media, optical or similar, the affected with the measure will have the right to withdraw the information contained in them.
This does not affect the other provisions and the measures that can be issued on assets or on the information contained in them.
* Article incorporated by the Law 26925published February 5, 1998 (link: lpd.pe/kdxJj).
Article 648.- Property exempt from attachment*
Are not attachable:
1.- [Unconstitutional]**
2.- The goods are constituted in the heritage family, without prejudice to the provisions of article 492 of the Civil Code;
3.- The clothing of a strictly personal use, books, and basic food of the forced and of their relatives with which forms a family unit, as well as the assets that are essential for their livelihoods;
4.- Vehicles, machines, utensils, and tools which are indispensable for the exercise of the profession, occupation, education or learning required;
5.- Badges condecorativas, the uniforms of the officers and servants of the State and the weapons and equipment of the members of the Armed Forces and the National Police;
6.- The remuneration and pensions, when not in excess of five Units of a Reference Procedure. The excess is attachable to a third party.
When it comes to ensuring maintenance obligations, the repossessed proceed until sixty per cent of the total income, with the single deduction of discounts established by law;
7.- The pension food;
8.- The movable property of the religious houses; and,
9.- The graves.
However, they can affect the goods set out in subsections 3 and 4, when it comes to securing the payment of the price at which they were acquired. May also be affected by the fruits of the property exempt from attachment, with the exception of those that generate the goods referred to in paragraph 1.
* Article replaced by the Law 26599published on April 24, 1996 (link: lpd.pe/2jrV1).
** Item (declared unconstitutional by the TC in the Record 006-97 - AI-TC LIMA, released on 7 march 1997 (link: lpd.pe/kOWKv), which stated founded, in part, the claim of unconstitutionality brought against the Law 26599.
Article 649.- However, in the form of deposit and sequestration on movable assets*
When the embargo in the form of deposit falls in moveable property of the bound, it will be constituted in the depository, except that refuses to accept the appointment, in which case you will proceed to the kidnapping of the same, proceeding as indicated in the following paragraph.
When the kidnapping falls in moveable property of the bound, they will be deposited to the order of the Court. In this case, the custodian shall be preferably a store legally constituted, which assumes the quality of the depositary, with the civil and criminal liabilities provided for in the law. Also, is obliged to submit the goods within the day following the date of the notice of the Judge, without being able to invoke the right of retention.
In the case of money, jewelry, precious metals and stones, or other similar goods, are to be deposited in the Bank of the Nation.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 650.- Seizure of property without registration or registered to the name of a third person*
When it comes to property is not registered, the effect may be limited to the good itself, with the exclusion of its fruits, and should be appointed as necessarily depositary itself obliged. This condition does not obligate the payment of income, but shall retain possession immediate.
In this case, the Judge at the request of either party, shall provide for the registration of the land, only for purposes of annotation of the injunction.
Also in case that proves so reliable that the well belongs to the debtor and is registered in the name of another; must be served with the injunction to who appears as the holder in the register; the extent will be noted in the heading thereof; the auction will be carried forward once regulated the succession register.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 651.- Seizure of property within a unit of production or trade*
Can secuestrarse movable property is located within a factory or trading, when they, in isolation, does not affect the process of production or trade.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 652.- Kidnapping of titles of credit*
When affecting the securities or documents of credit in general, these will be delivered to the custodian by becoming the annotation respective in the document, together with a certified copy of his appointment, and of the act of kidnapping, in order to represent their owner. The custodian is obligated to all kinds of steps and actions that tend to avoid that the title is harmed and to deposit immediately to the Court order, the money that you get.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 653.- Search the embargo on deposit or in the abduction*
If at the time of the execution of the measure warns the concealment of goods afectables, or if they are manifestly insufficient to cover the amount, the Auxiliary court, at the request of a party, do the search in the environments that it will indicate, without falling into excess and cause unnecessary damage. You can even, according to circumstances fully justified, proceed to the search of the person affected, respecting the decorum of this.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 654.- Remuneration of the trustee*
The trustee, prior to the acceptance of the order, you must propose the amount of the reward for their service, estimated by day, week, or month, depending on the circumstances, which will be taken into account by the Judge, noting the salary.
It is excepted the Bank of the Nation when it comes to the money that you must pay legal interest according to the legal provisions on the matter.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 655.- Obligations of the depositary and the custodian
The organs of judicial assistance are on duty to preserve the assets on deposit or custody in the same state that you received in the local used to do this, the order of the Court and with permanent access to the observation by the parties and overseer, if there is one. Also, will realize immediately the Judge of any fact that may result in alteration of the objects in the deposit or sequestration and the governing other provisions, under civil and criminal liability.
Article 656.- However, in the form of registration
In the case of property registered, the measurement may be run by entering the amount of the damage, provided that this is consistent with the title of the property already inscribed. This however does not prevent the alienation of the well, but the successor assumes the burden up to the amount registered. The certification of registration of the entry is added to the record.
Article 657.- However, in the form of retention
When the measurement falls on credit rights, or other property in the possession of a third party, the holder of which is affected with it, you can sort the owner to withhold payment to the order of the Court, by depositing the money in the Bank in the Nation. In the case of other goods, the retainer assume the obligations and responsibilities of the depositary, except that the put at the disposal of the Judge.
If the holder of the rights of credit is a financial institution, the Judge will order the retention by means of the sending of the mandate via e-mail, locking the measure immediately or, exceptionally, by any other reliable means that leaves a record of its decision.
For this purpose, all Financial Institutions must communicate to the Superintendency of Banking and Insurance the email address to which it will forward the court order of retention.
Article 658.- Execution of the retention*
The Secretary intervener sit in the act, however, in the presence of the retainer, who will leave the identity card of the corresponding notification, stating the saying on the possession of the goods and other relevant data. If he refuses to sign, it will leave a record of his refusal.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 659.- False declaration of the retainer
If asked for the retention denies falsely the existence of credits, or property, shall be obliged to pay the value thereof to the maturity of the obligation, without prejudice to the criminal liability that may be required.
Article 660.- Double payment
If the retainer is in breach of the order of the withholding, payable directly to the affected, will be required to make a new payment to the Court order. Against this decision proceeds appeal without suspensive effect.
Article 661.- However, in the form of intervention in collection
When the measure affects a company, natural person or legal entity with the purpose of seizing the own revenue of this, the Judge shall appoint one or more auditors to collectors, as the case may be, to collect income directly from it.
The provision of the preceding paragraph is applicable, also, to the legal persons for non-profit.
The preliminary ruling must specify the name of the external auditor and the periodicity of the reports must be forwarded to the Judge.
Article 662.- Obligations of the auditor-collector*
The body of judicial assistance is obliged to:
1.- Check the operation and conservation of the intervened, without interfering or interrupting their own work;
2.- Take control of revenue and expenditure;
3.- Providing, of the funds that it raises in taxes, what is needed for the activity, regular and ordinary of what is involved;
4.- Make available to the Judge within the third day of the amounts collected, consignándolas to their order on the Bank of the Nation. To order your own, or part, the court may modify the term to disclose; and
5.- Inform, in a timely manner by the Court, the regular development of the intervention, particularly the events referred to in paragraphs 1, 2 and 3 of this article.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 663.- Special obligation
The auditor servicer must inform, immediately, on issues that they consider harmful or inconvenient to the interests of those who have obtained the injunction, among them the lack of income and the resistance and intentional obstruction that impedes or prevents action.
Article 664.- Conversion of the fund to kidnapping*
If the interested party considers that the intervention is stale, you can ask the Judge to order the closure of the business and the conversion of the embargo intervention to kidnapping. The Judge will resolve prior to transfer to the affected by the period of three days, and having regard to the report of the external auditor and the supervisor, if there is one. Against the resolution that is issued is appropriate to appeal with suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 665.- However, in the form of intervention in information
When you are prompted to collect information on the economic activity of an enterprise of a natural or legal person, the Judge shall appoint one or more auditors informants, indicating the period during which you should check directly the economic situation of the affected business and the dates on which they shall report to the Judge.
Article 666.- Obligations of the financial reporter
The reporter is obliged:
1.- Report in writing to the Judge, on the dates specified by it in respect of checks on the economic movement of the company operated, as well as other topics which are of interest to the subject matter controversial; and
2.- Immediately to the Judge about the facts which it considers prejudicial to the holder of the injunction, or to prevent the exercise of the intervention.
Article 667.- Implementation of the intervention*
The Secretary-intervenor shall draw up the minutes of seizure in the presence of the affected party, giving the self-respective. Also, we will express the form and scope of the measure, the powers of the external auditor and the obligation to meet their requirements within the limits set by the Court. The minutes shall contain an inventory of the assets and files. Can the intervened to leave a record of their comments on the measure. If it refuses to sign, the Secretary shall record its negative.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 668.- Responsibility in the intervention
They are responsible for civil and criminal liability:
1.- The external collector for the money that you raise, assimilating to this effect to the depositary;
2.- The auditor reporter for the accuracy of the information on offer;
3.- The intervened by his attitude of resistance, obstruction or violence.
Article 669.- However, in the form of property management
When the measurement falls on goods fruitful, may be affected in administration with the aim of raising the fruits they produce.
Article 670.- Conversion of the fund management unit of production or trade
Reasonable request of the owner of the measurement, you can convert the intervention in fundraising to intervention in management. The Judge will resolve the order, prior to transfer for three days in the affected and in response to what was said by the provider, if any. In this case, the administrator or administrators, as applicable, assume the representation and management of the company, according to the law of the matter. Against this decision comes an appeal with suspensive effect.
Article 671.- Obligations of the administrator
The administrator is obliged, as appropriate to the product or company, to:
1.- Manage the company foreclosed on, subject to its social object;
2.- Make the ordinary expenses and conservation;
3.- To comply with the obligations that apply;
4.- Pay taxes and other legal obligations;
5.- To formulate the balance sheets and declarations provided by law;
6.- To provide the Judge with the information that he is required, by adding observations on their management;
7.- Put at the disposal of the Court to the earnings or results obtained; and
8.- The other pointed out by this Code and by the law.
Article 672.- Execution of the conversion to administration*
The Secretary-intervenor shall draw up the act of conversion in the presence of the affected party, giving the self-respective. Also, we will express the form and scope of the new measure, and will put the manager in charge. The minutes will include a new inventory of the assets and files existing at the time of execution. If the involved refuses to sign, it will leave a record of his refusal.
Upon taking charge of the organ of judicial assistance, cease automatically at their functions, the organs managers and executives of the company bugged.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 673.- Annotation of demand in the Public Records*
When the claim discussed in the main process is referred to registered rights, the precautionary measures may consist in the annotation of the demand in the respective register. For its implementation, the Judge will send parts to the registrar, which will include a full copy of the complaint, the resolution of the supports and of the protective measures.
The registrar will comply with the order by your own text, provided that the measure is compatible with the right already registered. The certification of registration of the entry is added to the record.
The annotation of the demand does not prevent the transfer of the property or the damage later, but give prevalence to those who have obtained this measure.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Subchapter 2: temporary Measures on the bottom
Article 674.- Temporary measure on the background*
Exceptionally, for the urgent need of the order, the firmness of the foundation of the claim and the evidence submitted, the measurement may consist of running ahead of what the Judge is going to decide in the sentence, either in its entirety or only in substantial aspects of it, as long as the effects of the decision may be of possible reversal, and do not affect the public interest.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 675. Assignment in advance of food*
In the process on the provision of food appropriate to the extent of allocation in advance of foods when required by the ascendants, by the spouse, minor children with indubitable family relationship or for older children of age in accordance with the provisions of sections 424, 473 and 483 of the Civil Code.
In cases of minor children with indubitable family relationship, the judge shall grant a measure of assignment early, acting ex officio, and they have not been required within three days of notification of the resolution it supports to process the demand.
The judge points to the amount of the allocation that the obligor will pay for monthly advance, which shall be deducted from the set in the final judgment.
* Article amended by the following devices:
1. Law 29279published on November 13, 2008 (link: lpd.pe/pZL9Y).
2. Law 29803published on November 6, 2011 (link: lpd.pe/p3RZx).
Article 676.- Assignment early and judgment unfavourable*
If the decision is unfavorable to the plaintiff, is required to return the amount and the legal interest, which shall be disposed of by the Clerk of Court, if it were necessary to apply the provisions of article 567. The Judge's decision may be challenged. The appeal is granted suspensive effect.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 677.- Family affairs and interests of minors
When the claim main focuses on separation, divorce, custody, visitation, delivery of a minor, guardianship and curatorship, comes running ahead of the future final decision, attending preferentially to the interest of the children affected with it.
If, during the processing of a process to produce acts of physical violence, psychological pressure, intimidation or persecution mean spouse, partner, children, or any member of the family, the Judge must take the necessary measures for the immediate cessation of all acts harmful, without prejudice to the provisions of article 53.
Article 678.- Property management
In the processes of appointment and removal of administrators of property, proceeds the execution in advance of the future final decision to avoid irreparable harm.
Article 679.- Eviction
In the process of eviction due to the expiration of the term of the contract, or by another title, which would oblige the delivery, comes running ahead of the future final decision, when the plaintiff proves unmistakably the right to restitution intended and the abandonment of the well.
Article 680.- Separation and divorce
In any state of the process, the Judge may allow, at the request of either of the spouses, who live at separate addresses, as well as the direct administration by each of them of the assets that make up the conjugal partnership.
Article 681.- Return well in the booty
In the injunction to recover, it is appropriate to the execution in advance of the final decision when the plaintiff proves arguably the spoil, and your right to the restitution question.
Subchapter 3: Innovative Ways
Article 682.- As Innovative*
In the face of irreparable harm, the court may dictate measures to replenish a state of law or fact whose alteration is to be or is the basis of the demand. This measure is exceptional and will only be granted where it is not applicable to other foreseen in the law.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 683.- Ban
The Judge, at the request of a party, or, exceptionally, of its own motion, may issue in the process of interdiction, the injunction that required by the nature and scope of the presented situation.
Article 684.- Caution possessory
When the lawsuit seeks the demolition of a work in progress that damages the property or the possession of the plaintiff, the court may order the cessation of the building works. You can also sort the security measures aimed at preventing the damage that could cause the fall of a good on the rocks or in a situation of instability.
Article 685.- Abuse of right
When the demand is about the abusive exercise of a right, the court may issue the necessary measures to prevent the consummation of irreparable damage.
Article 686.- The right to privacy, to the image and the voice
When the application is aimed recognition or restoration of the right to privacy of personal and family life, as well as the preservation and because of use of the image or voice of a person, the court may dictate the extent required by the nature and circumstances of the situation presented.
Subchapter 4: Measurement of non-innovation
Article 687.- Prohibition of Innovate*
In the face of irreparable harm, the court may dictate measures to conserve the situation of fact or law whose situation is going to be or be invoked on demand, and is located in relationship to people and assets included in the process. This measure is exceptional and will be granted only when it is not application to another provided for by law.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
TITLE V: SINGLE PROCESS EXECUTION*
* Name changed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Chapter I: General Provisions
Article 688.- Titles*
You can only promote running in virtue of executive titles of nature or out of court as the case may be. The following are enforceable titles:
1.- The judgments firm;
2.- The arbitral awards are firm;
3.- The Minutes of Conciliation according to law;
4.- The Securities conferring the action would change, duly protested or with the proof of the formality substituted protest thereof; or, in your case, independently of said protest, or certificate, in accordance with the provisions of law of the matter;
5.- The proof of registration and ownership issued by the Institution of Clearing and Settlement of Securities, in the case of securities represented by annotation into account, for the rights that give rise to the exercise of the action to the exchange, in accordance with the provisions of law of the matter;
6.- The advance test that contains a private document recognized;
7.- The certified copy of the advance Test that contains an acquittal of positions, express or ficta;
8.- The private document that contains the settlement;
9.- The document non-payment of rent for the lease, provided that proof of instrumentally the contractual relationship;
10.- The testimony of a public deed;
11.- Other titles to which the law gives them merit executive.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 689.- Common requirements
Appropriate execution when the obligation contained in the title is true, express and enforceable. When the obligation is to give a sum of money, must be, in addition, liquid or assessed through the arithmetic operation.
Article 690.- Legitimacy and right of a third party*
Are entitled to promote implementation who in the title executive has a right recognised in its favor, against one in the same it has the quality required and, in his case, the constituent of the warranty of the affected property, in quality of litisconsorte necessary.
When the execution can affect the rights of third parties, they must notify this to the mandate of execution. The intervention of the third party will be subject to the provisions of article 101. If is not known, the domicile of the third-party shall be as prescribed [in] article 435.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 690-A. - Demand*
The demand is accompanied with the title executive, in addition to the requirements and annexes provided for in sections 424 and 425, and those that are specified in the special provisions.
* Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 690-B. - Competition*
It is competent to know the processes with the title executive of nature-court settlement to the Civil Judge and the Peace Lawyer. The justice of the Peace Lawyer is competent when the amount of the claim is not more than a hundred Units of a Reference Procedure. Claims in excess of this amount are of jurisdiction of the Civil courts.
It is competent to know the processes with the title executive, judicial nature, a Judge of the demand.
It is competent for the process of execution, with the guarantee, the Civil Judge.
* Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 690-C. - Executive Mandate*
The term, executive shall provide the fulfillment of the obligation contained in the title; under penalty of the start of the forced execution, with the specifics outlined in the special provisions. If demands are not economic, the Judge must adapt the warning.
* Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 690-D. - Contradiction*
Within five days of notification by the executive mandate, the debtor may contradict the execution and propose exceptions procedural, or defenses prior.
In the same writing will present evidence relevant; otherwise, the order will be declared inadmissible. Are permissible only the declaration part, documents and expertise.
The contradiction can be based only according to the nature of the title:
1.- Unenforceability or illiquidity of the obligation contained in the title;
2.- Nullity formal or falsity of the title; or, when this being a security issued in the form of incomplete, have been completed in a manner contrary to the resolutions adopted, and must in this case to observe the law on the matter;
3.- The extinction of the duty required;
When the mandate is grounded in title executive, judicial nature, may only be made contradiction, within the third day, if it is alleged the fulfillment of what is ordered, or the extinction of the obligation, which is credited with test instrumentation.
The contradiction is based on other grounds will be rejected liminarmente by the Judge, being this decision appealable without suspensive effect.
* Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 690-E. - Processing*
If there is contradiction and/or exceptions and procedural or defenses prior, is granted transfer to the performer, who must absolverla within three days, suggesting the evidence relevant. With the acquittal or without it, the Judge will be settled by a car, observing the rules for the sanitation procedure, and commenting on the contradiction proposal.
When the performance of the means of proof required or the Judge deems it necessary, it shall indicate the date and time for the conduct of a hearing, which will be held with the rules for the unique audience.
If not formula contradiction, the Judge shall issue an auto without further ado, ordering carry forward the execution.
* Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 690 -F. - Denial of the execution*
If the executive title does not meet the formal requirements, the Judge flat out denied the execution. The car denegatorio only notify the executed if it is consented to or ejecutoriado.
* Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 691.- Auto and appeal*
The deadline for lodging an appeal against the car, which resolves the contradiction is of three days counted from the day following its notification. The car that resolves the contradiction, putting an end to the unique process of execution is without appeal with suspensive effect.
In all cases, in this Title is granted an appeal with suspensive effect, apply the procedure provided for in Article 376. If the appeal is granted without suspensive effect, you will have the quality of deferred, of application, article 369 in terms of their procedure.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 692.- Limitation injunctive relief
When is constituted pledge, mortgage or anticresis in favour of the performer on the warranty of your credit, you may not be cautelarse it with other property of the debtor, except that the value of the taxable goods do not cover the amount owed for principal, interest, costs and expenses, or for other reasons duly accredited by the performer and admitted by the Judge in decision inimpugnable.
Article 692-A. - assessment of well-free and a procedure for the declaration of debtor judicial delinquent*
If provided with the car that resolves the contradiction and commanded to carry on the execution in the first instance, the performer is unaware of the existence of property owned by the debtor, that request is required to this for inside the fifth day point to one or more goods free of any encumbrance or goods partially taxed, to the effect that, with its implementation, meets the mandate of payment, under penalty set by the court, of declarársele debtor judicial delinquent and register the said state, in the Registry of Debtors Court Delinquent, at the request of the performer.
The warning contained in the present article shall also apply in the procedural phase of forced execution of a judgment arising from a course of knowledge, condensed or summary.
* Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n). Then, this article was amended by the Law 30201published on may 28, 2014 (link: lpd.pe/0zvxV).
CHAPTER II: Single Process Execution*
* Name changed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Subchapter 1: Special Provisions*
* Name changed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 693.- [Repealed]*
*Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27027published December 27, 1998 (link: lpd.pe/pzvj7).
3. Ley 27287published on June 19, 2000 (link: lpd.pe/2DyxZ).
4. Law 28125published on December 16, 2003 (link: lpd.pe/0YBX5).
Then, this article was repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 694.– Eligibility*
You can sue executive the following obligations:
1.- Give;
2.- Make; and,
3.- Not To Do.
* Article amended by the Law 27027published December 27, 1998 (link: lpd.pe/pzvj7).
Article 695.- Execution of the obligation to give a sum of money*
To the demand of executive title for the performance of an obligation to give the sum of money you will be given the procedure provided for in the General Provisions.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 696.- [Repealed]*
* Article repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Subchapter 2: Execution of the Obligation to give a sum of money*
* Subchapter repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 697.- [Repealed]*
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 698.- [Repealed]*
* Article repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 699.- [Repealed]*
* Article repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 700.- [Repealed]*
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Ley 27287published on June 19, 2000 (link: lpd.pe/2DyxZ).
Then, this article was repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 701.- [Repealed]*
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 702.- [Repealed]*
* Article repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 703.- [Repealed]*
* Article replaced by the following devices:
1. DL 845published on September 21, 1996 (link: lpd.pe/0bb5O).
2. Law 27146published on June 24, 1999 (link: lpd.pe/25v74).
3. Law 27809published on 8 August 2002 (link: lpd.pe/kjgJN).
Then, this article was repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Subchapter 3: Implementation of obligation to give good piece of furniture given
Article 704.- Origin*
If the title contains the obligation to give good furniture that is determined, the process will be processed in accordance with the general provisions, the amendments to this Subchapter. In the lawsuit, indicate the approximate value of the good whose delivery is demand.
*Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 705.- Executive Mandate*
The executive mandate contains:
1.- The notice to a debtor to deliver the good within the time limit fixed by the court according to the nature of the obligation, under penalty be forced delivery; and if not done delivery for destruction, deterioration, theft or concealment attributable to the bound, it will be required for the payment of its value, and if so, was defendant.
2.- The authorization for the intervention of the security forces in case of resistance.
*Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 705-A. - Execution of the obligation*
Given the cost of the item whose delivery obligation has been sued, either by the appraisal submitted by the performer or by an expertise ordered by the Judge, it will continue execution within the same process, according to what is established for the obligations to give a sum of money.
*Article incorporated by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Subchapter 4: Execution of the obligation to make
Article 706.- Origin*
If the title contains an obligation to do, the process is conducted in accordance with the general provisions, the amendments to this Subchapter.
In the lawsuit, indicate the approximate value that represents the fulfillment of the obligation; as well as the person who, in case of refusal of the debtor, and when the nature of the provision allows, take care to fulfill it.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 707.- Executive Mandate
The executive mandate contains the intimation to a debtor to comply with the delivery within the time fixed by the Judge, according to the nature of the obligation, under threat of being made by the third party that the Judge may determine, and if so, was sued.
In case of non-compliance, will become effective the warning.
Article 708.- Execution of the obligation by a third party*
Designated person, who will perform the work and determined its cost, either by the budget submitted by the performer or by an expertise ordered by the Judge, it will continue execution within the same process, according to what is established for the obligations to give a sum of money.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 709.- Obligation to Formalize*
When the title contains the obligation of entering into a document, the Judge will instruct the debtor to comply with its obligation within a period of three days.
The expiration of the term without the formulation of contradiction or resolved this, declaring himself to be unfounded, the Judge will order the executed to comply with the executive mandate, under penalty of do it on your behalf.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Subchapter 5: Execution of Obligations not to do
Article 710.- Origin*
If the title contains an obligation not to do, the process will be processed in accordance with the general provisions.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 711.- Executive Mandate
The executive mandate contains the intimation to the run for the term of ten days to undo what has been done and, if applicable, refrain from continue doing, under penalty of undo it forcibly to their cost.
The expiration of the term, the Judge will become effective the warning.
Article 712.- Performance of the obligation by a third party*
Designated person who is going to undo what has been done and determined its cost, either by the budget submitted by the performer or by an expertise ordered by the Judge, it will continue execution within the same process, according to what is established for the obligations to give a sum of money.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Chapter III: Enforcement of judgments*
* Name changed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 713.- [Repealed]*
*Article amended by the Law 28494published on April 14, 2005 (link: lpd.pe/2OWX1). Then, this article was repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 714.- [Repealed]*
*Article repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 715.- Mandate of Execution*
If the command execution contains a requirement not wealth, the Judge must adapt the warning to the specific purposes of compliance is resolved.
Expiry of the term provided for in the general provisions, if any binder precautionary containing any measure granted, it will be added to the principal and will be ordered refoliación in order to run. Otherwise, at the request of a party, shall order the enforcement measures appropriate to the claim covered.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 716.- Execution of the utmost liquid*
If the writ of execution condemned to the payment of amount of liquid or if settlement is approved, shall be granted, upon request, to enforcement measures in accordance with Subchapter on precautionary measures for future implementation enforced. If you already had well-cautelado, judicial or extrajudicialemente, shall be in accordance with Chapter V of this Title.
* Article amended by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 717.- Execution of sum ilíquida
If the writ of execution condemned to the payment of the amount ilíquida, the winner must accompany liquidation conducted in accordance with the criteria set out in the title or in default of which the law provides.
The settlement contained in the mandate of execution can be observed within the third day, after which the Judge will resolve aprobándola or not, in a decision duly justified.
Article 718.- [Repealed]*
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb). Then, this article was repealed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 719.- Enforcement of court judgments and arbitral foreign*
The enforcement of court judgments and arbitral foreign, recognized by the national courts will be executed following the procedure established in this Chapter without prejudice to the special provisions contained in the General Law of Arbitration.
* Article amended by the Law 26572published January 5, 1996 (link: lpd.pe/2omnK).
Chapter IV
Process of execution of guarantees*
* Name changed by the DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 720.- Origin*
1.- Appropriate to the execution of real guarantees, provided that its constitution to comply with the formalities which the law prescribes, and the obligation secured is contained in the same document or in any other executive title.
2.- The performer be appended to your demand, the document that contains the warranty, and the state of mind of the balance.
3.- If the asset is real property, must be filed document that contains commercial tax up-to-date conducted by two engineers and/or architects collegiate, as appropriate, with their signatures notarized. If the well is piece of furniture, it must be filed similar documents of appraisal, which, according to the nature of the good, must be carried out by two experts specialized, with their signatures notarized.
4.-It shall not be necessary for the presentation of new appraisal if the parties have agreed to the updated value of the same.
5.- In the case of registered property will be appended to the respective certificate of lien.
The resolution, which declares inadmissible or irrelevant to the lawsuit is without appeal with suspensive effect, and will only notify the executed when it is consensual or executory.
In the executive mandate must be served on the debtor, the guarantor and the holder of the well in the case of persons other than the debtor.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26791published on may 17, 1997 (link: lpd.pe/2M4X5).
3. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 721.- Term of execution
Admitted the claim, notify the mandate for the execution of the run, and ordered to pay the debt within three days, failing to proceed to the sale of the collateral.
Article 722.- Contradiction*
The debtor, in the same time you have to pay, can contradict with accordance to the general provisions.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 723.- Order of Auction
Once the term has expired without payment of the obligation or declared unfounded the contradiction, the Judge, without a previous stage, will direct the auction sale of the collateral.
Article 724.- Balance*
When it is proven that the collateral does not cover the full amount of the balance, it will continue execution within the same or different process.
* Article amended by the following devices:
1. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
2. DL 1231published on September 26, 2015 (link: lpd.pe/2M4qG).
Chapter V: forced Execution
Subchapter 1: General Provisions
Article 725.- Forms
The forced execution of the affected property is done in the following ways:
1.- Auction; and
2.- Award.
Article 726.- Intervention of another creditor
A creditor does not performer that has affected the same, you can intervene in the process before his execution forced. Your rights depend on the nature and state of your credit.
If your intervention is later, you are only entitled to the remainder, if any.
Article 727.- Conclusion of the forced execution*
The forced execution ends when made full payment to the performer with the product of the auction or the award, or if before the debtor pays in full the obligation and interest required, and the costs and process costs.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Subchapter 2: Auction
Article 728.- Appraisal
Once firm, the decision of the court orders to carry forward the execution, the Judge shall provide for the appraisal of the property to be auctioned off.
The car that orders the appraisal contains:
1.- The appointment of two experts; and
2.- The period within which, after its acceptance, must submit its opinion, under penalty of subrogation and fine, which shall not be greater than four Units of a Reference Procedure.
Article 729.- Appraisal conventional
It is not necessary for the appraisal, if the parties have agreed on the value of the good or their special value for the case of forced execution. However, the court may, ex officio or at the request of a party, order the appraisal if it considers that the value agreed to is out of date. Your decision is inimpugnable.
Nor is it necessary for the appraisal when the affected property is money or have quoted market values or equivalent. In this latter case, the Judge will appoint a broker or broker-dealer to sell.
Article 730.- Observation and approval
The appraisal shall be communicated to the stakeholders for three days, but the period in which they can make observations. The expiration of the term, the Judge approves or disapproves of the appraisal. If disapproved, will order again, choosing between the same experts, or others.
The car that you dislike the pricing is inimpugnable.
Article 731.- Call*
Approved appraisal or being unnecessary, the Judge shall convene at auction. The auction or the auction of movable and immovable property are carried out by means of the Auction e-Court (REM@JU) if there is no opposition of any of the parties or of a third party entitled to be the case, in accordance with the special law on the matter.
In other cases, the auction is conducted by auctioneer to the public business.
Exceptionally, and in the absence of auctioneer public business in the town where the convening of the auction, the judge may proceed with the auction of real property or movable fixing the place of its realization. If a movable property is outside of its territorial jurisdiction, may designate the place for such an effect.
* Article amended by the following devices:
1. Law 28371published October 30, 2004 (link: lpd.pe/pxR8X).
2. Law 30229published July 12, 2014 (link: lpd.pe/pJJze).
Article 732.- Compensation paid to the auctioneer*
The Judge shall fix the fees of the Auctioneer to the Public according to the tariff set out in the regulations of the Act of the Auctioneer to the public. In the case of auctioned good, will be borne by the buyer of the good.
Without prejudice to the above, the Judge may regulate its scope according to their participation and/ or intervention in the top of the well and other incidents of the execution, in accordance with Title XV of this Code.
* Article amended by the following devices:
1. Law 28371published October 30, 2004 (link: lpd.pe/pxR8X).
2. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 733.- Advertising*
The call is announced in the newspaper in charge of the publication of legal notices of the place of the auction, for three days in the case of furniture and six if they are immovable. This will be done through a mandate of the Judge, who shall communicate by electronic notification to the journal for the respective publication or, exceptionally, by any other reliable means that leaves a record of its decision.
If the goods are found outside of the territorial jurisdiction of the Judge of the execution, the publication will be made, in addition, the journal manager to the publication of legal notices of the locality where they are. In the absence of the journal, the announcement will be published through any other means of notification edictal, by the same time.
In addition to the publication of the advertisement, should be placed notices of the auction, in the case of real property, in the visible part of the same, as well as in the local Court, under the responsibility of the Clerk of Court.
The advertising of the auction cannot be omitted, although any waiver of the debtor, under penalty of nullity.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 734.- Content of notice*
In the notices of auction is expressed:
1.- The names of the parties and legitimate third party;
2.- Good to finish off and, if possible, its description and characteristics;
3.- The effects of the well;
4.- The appraisal value and the base price;
5.- The place, day and time of the auction;
6.- The name of the official who made the auction;
7.- The percentage that must be deposited to participate in the auction; and
8.- The name of the Judge and of the Clerk of Court, and the signature of this one.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 735.- Requirement to become a bidder
Only be accepted as a bidder who before the auction has deposited, in a cash or cashier's check drawn on your behalf, an amount not less than ten percent of the appraised value of the good or goods, according to your interest. It is not bound to this deposit the performer or the legitimate third party. Bidders are not beneficiaries will be refunded the full amount deposited at the end of the auction.
The debtor may not be a bidder in the auction.
Article 736.- Rules common to the auction
In the act of finishing was to observe the following rules:
1.- The basis of the position will be equivalent to two-thirds of appraised value will not be accepted offer lower;
2.- When the auction, comprises more than one well, you should prefer to the one who offers to purchase them jointly, provided that the price is not less than the sum of the individual bids; and
3.- When auction more of a good, the act is terminated, under the responsibility, when the product of what has already topped off, is sufficient to pay all obligations due on the execution, and the costs and process costs.
Article 737.- Act of auction
The act begins at the appointed time with the reading of the list of goods and conditions of the auction, were used with the announcement of the official positions as they occur. The officer will award the good to which he has made the position more high, after a double announcement of the price achieved without it being made better, so that the auction is concluded.
Article 738.- Act of auction*
Finished the act of the auction, the Clerk of Court or the auctioneer as appropriate, it will act the same, which shall contain:
1.- Place, date and time of the event;
2.- Name of the performer, the legitimate third party and the debtor;
3.- Name of the bidder and the postures are performed;
4.- Name of the successful tenderer; and
5.- The amount obtained.
The minutes shall be signed by the Judge, or, in his case, by the auctioneer, the Secretary of Court, by the successful tenderer and the parties, if they are present.
The minutes of the auction will be added to the record.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 739.- Transfer of property and destination of the money obtained*
In the auction of real property, the Judge shall order, before closing the record, the successful tenderer should deposit the balance of the price within third day.
The deposit of the price, the Judge transferred the ownership of the property by car, which will contain:
1.- The description of the good;
2.- The order that rescinds any liens that, in spite of it, except the precautionary measure of the annotation of demand; they will cancel the charges or rights of use and/or enjoyment, have been recorded subsequent to the lien or mortgage the subject of running.
3.- The order executed or judicial administrator to deliver the property to the successful bidder within ten days, under threat of release. This order is also applicable to the third party who was served with the executive mandate or execution; and
4.- Issued parts of the court for registration in the respective register, which will contain the transcript of the record of the auction and the auto adjudication.”
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. DL 1069published on June 28, 2008 (link: lpd.pe/2Ge9n).
Article 740.- Transfer of furniture and destination of the money made
In the auction of furniture the payment is made in said act, and shall be delivered immediately to the well to the successful bidder.
The amount of the auction shall be deposited in the Bank of the Nation, to the order of the Court, no later than the following day performed under the responsibility.
In the case of movable property is registered, shall apply to the provisions of article 739 of what was relevant.
Article 741.- Failure of the successful tenderer*
If the balance of the auction price of the property is not deposited within the statutory period, the Judge shall declare the nullity of the auction and will convene to a new one.
In this case, the buyer shall lose the deposited amount, which will serve to cover the expenses of the auction frustrated and the difference, if any, will be income of the Judiciary by the concept of fine.
We reserve the right of the creditor to demand payment of the damages that they have caused you.
The contractor is prevented from participating in the new auction is scheduled.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 742.- Second Call*
If the first request will not be presented bidders, to convene a second in which the basis of the position is reduced by fifteen percent.
If in the second call, nor are presented bidders, to convene a third, reducing the base in a fifteen percent extra.
If on the third call there are no bidders, at the request of the performer be liable directly to the well, for the base price of the posture that served for the last call, paying the excess on the value of your credit, if any.
If the performer did not request its award within ten days, the Judge, without the lifting of the embargo, will have new appraisal and auction under the same rules.
The second and third call will be announced only for three days, if it is your property, and by one day if the well is furniture.
* Article amended by the Law 27740published on may 29, 2002 (link: lpd.pe/2M4Xn).
Article 743.- Annulment of the auction*
Without prejudice to the provisions of article 741, the annulment of the auction only comes for the formal aspects of this one, and is brought within the third day of the event. You can not support the annulment of the auction sale in the provisions of the Civil Code relating to the invalidity and ineffectiveness of the legal act.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Subchapter 3: Award
Article 744.- The award Payment*
If the successful tenderer fails to deposit the excess within the third day of notified with the settlement provided for in Article 746, the award is without effect.
The deposit of the excess, it will be delivered the movable property to the successful bidder and if it is property, issue the auto adjudication as provided for in Article 739.
* Article amended by the Law 27740published on may 29, 2002 (link: lpd.pe/2M4Xn).
Article 745.- Attendance of bidders
If there are several interested in being awarded, the award will proceed only if there is agreement between them.
Subchapter 4: Payment
Article 746.- Clearance*
To arrange for payment to the performer, the Judge shall order the Clerk of Court to liquidate the interest, costs and process costs, within the time limit established, the responsibility for the delay.
The payout is observable within the third day, and must be proposed in a detailed way. Acquitted the transfer of the observation or in default, shall be resolved aprobándola or modifying them, and requiring payment.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 747.- Payment to the performer
If the good which ensures the implementation is money, it will be delivered to the performer after the approval of the settlement.
If there are several performers with various rights, the product of the auction will be distributed on their respective right. This will be established by the Judge in a car that can be observed within the third day. If, after the distribution, there is a remnant, will be delivered to a debtor.
Article 748.- Concurrence of creditors
The concurrence of several creditors, and none will have preferential rights and assets of a debtor are not sufficient to cover all of the obligations, the payment will be made on a pro rata basis.
Also will the payment be made on a pro rata basis, once paid, the creditor with a right preference.
SIXTH SECTION: PROCESSES NON-CONTENTIOUS
TITLE I: GENERAL PROVISIONS
Article 749.- Procedure*
Can be processed in a non-adversarial process with the following matters:
1.- Inventory;
2.- Receivership estate;
3.- Adoption;
4.- Authorization to dispose rights of incompetent;
5.- Declaration of disappearance, absence, or death alleged;
6.- Family heritage;
7.- Offer of payment and consignation;
8.- Check testament;
9.- Registration and rectification of departure;
10.- Intestate succession;
11.- Recognition of judgments and arbitration awards issued abroad.
12.- Requests that, at the request of the person concerned and by the Judge's decision, lack of containment; and
13.- The designation of supports for people with disabilities.
14.- The indicated in the law.
* Article amended by the DL 1384published September 4, 2018 (link: lpd.pe/pxRn8).
Article 750.- Competition
They are competent to understand the processes are non-contentious, the Judges and the Peace Lawyers, except in cases in which the law attributes his knowledge to other courts or Notaries.
In the non-adversarial process is found to be unenforceable competition by reason of turn.
The jurisdiction of the justices of the Peace Lawyers is exclusive to the processes of recording of games and for those contained in the request an estimate heritage of not more than fifty units of a reference procedure. The processes of rectification of games may be tried before the justices of the Peace, Lawyers, or before a Notary public.
* Article amended by the Law 27155published on July 11, 1999 (link: lpd.pe/pWBVX).
Article 751.- Requirements and annexes to the application
The application must comply with the requirements and annexes provided for the demand in the articles 424 and 425.
Article 752.- Inadmissibility or impropriety
It is applied to this process to the provisions of article 551.
Article 753.- Contradiction
The set with the application may ask contradiction within five days of notification with the resolution admisoria, appending the means of proof, which shall act in the hearing provided for in article 754.
Article 754.- Pending
Supported the application, the Judge sets a date for the hearing of the action and judicial declaration, which should be done within fifteen days, under the responsibility, except as provided in article 758.
To be a contradiction, the Judge shall order the action of the evidence that support it. Then, if requested, be awarded to the opponent or his / her proxy to five minutes to feed orally, proceeding then to resolve it. Exceptionally, you may reserve its decision for a period not to exceed three days from the conclusion of the hearing.
If you do not have contradiction, the Judge will order act the evidence attached to the application.
Completion of the procedure, arrange for the delivery of a certified copy of the action taken to the interested party, keeping the original in the archives of the Court, or shall issue the appropriate resolution, if that is the case, this being inimpugnable.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 755.- Source of appeal
The resolution resolves the contradiction is appealable only during the hearing. Which declares it to be founded is to appeal with suspensive effect, and which declares it to be unfounded, it is without suspensive effect, and with the quality of deferred. If the contradiction has been resolved outside of the hearing, is subject to appeal within three days of the notification.
The resolution, which puts an end to the process is to appeal with suspensive effect.
Article 756.- The process of the appeal with suspensive effect
Declared to be founded on the contradiction of the process will be suspended. On the other, shall apply the provisions of article 376. This last procedure also applies to the appeal of the final resolution.
Article 757.- The process of the appeal without suspensive effect
The processing of this appeal is subject to the provisions of article 369.
Article 758.- Special time limits of the site
For the cases provided for in the third paragraph of article 435, the terms are fifteen and thirty days, respectively.
Article 759.- Intervention of the Public prosecutor
When reference is made to the Public prosecutor in the processes regulated in the TITLE, this will be reported with the resolutions issued in each process, for the purposes of article 250, paragraph 2, of the Constitution. Does not issue an opinion.
Article 760.- Regulation extra*
The Audience of action and judicial declaration is regulated, in their absence, by the provisions of this Code to the hearing test.
* Article amended by the DL 1070published on June 28, 2008 (link: lpd.pe/pq5W9).
Article 761.- Improcedencias*
Are nonresponsive:
1.- The disqualification of the Judge and of the Clerk of Court;
2.- Exceptions and defenses prior;
3.- The evidence whose means of proof are not susceptible of immediate action;
4.- The counterclaim;
5.- The offer of evidence in the second instance; and
6.- The provisions contained in Articles 428 and 429.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 762.- Execution
The final resolutions that require you to sign up, will run through craft or parties signed by the Judge, as appropriate.
TITLE II: SPECIAL PROVISIONS
Subchapter 1: Inventory
Article 763.- Source
When prescribed by law or based on your need, any interested person may request a faction of inventory in order to identify and establish the existence of the goods that is intended to secure.
Article 764.- Hearing of inventory
The hearing of the inventory will be at the place, day and hour appointed, with the intervention of the stakeholders involved. In the act are described in an orderly fashion goods that are in place, your state, the features that allow you to spotlighting the individual, without qualifying the property or his legal situation, letting us record the observations and challenges are formulated.
Article 765.- Inclusion of goods
Any interested party may request the inclusion of any goods not stated in the application for initial inventory, crediting the respective degree. The deadline to request the inclusion due on the day of the hearing, and shall be settled in this one.
Article 766.- Exclusion of property
Any interested party may request the exclusion of goods which are intended to ensure, crediting the title that asks for it. You can opt-out within the term provided for in article 768, which was resolved in a new hearing set exclusively for this purpose.
The deadline to request exclusion or denied it, can be sued in the process of knowledge or shortened, depending on the amount.
Article 767.- Recovery
You can sort the inventory assets are valued by experts, provided that the request before the conclusion of the hearing.
Ordered the recovery, the Judge will appoint experts, and shall fix a date for the hearing on that subject.
Article 768.- Logging and effects
Finished the inventory, and the recovery, in your case, it will be evident what acted for ten days in the local Court. If you do not request exclusion or resolved this, the Judge shall approve the inventory and send it protocolice notarially.
The inventory is not a title to request possession of the goods.
Subchapter 2: judicial Administration of property
Article 769.- Source
In the absence of a parent, guardian or custodian, and in cases of absence or co-ownership, it is necessary to designate the receiver of the goods.
Article 770.- Object
It is the object of this process:
1.- The appointment of a receiver; and
2.- The approval of the list of goods on which will exercise the administration.
When there is a disagreement about the second point, it shall appoint the administrator and it will start the process of inventory.
Article 771.- Active legitimacy
You may request the appointment of a receiver of property of those to whom the law authorizes, and which, at the discretion of the Judge, have any substantial interest to ask for it.
Article 772.- Appointment
If you concur, who represent more than half of the shares in the value of the property and there is unanimous agreement in respect of the person that should be managed, the appointment will be subject to what is agreed. In the absence of agreement, the Judge shall appoint the surviving spouse or to the presumed heir, preferring the nearest to the most remote, and in equal degree, to the elderly. If none of them meet the conditions required for the performance of the charge, the Judge will appoint a third party.
If there are several goods and the Judge approves it at the request of interested party, may be appointed to two or more administrators.
Article 773.- Powers
The receiver of the goods has the powers granted to it in the Civil Code, in each case, or upon which the parties agree to exercise capacity and the Judge approves. In the absence of agreement, shall have the point to the Judge.
Article 774.- Obligations
The receiver of the goods is obliged to render an account and to inform their management in the terms upon which the parties agree that they have the capacity to exercise, or, in his default, those set out in the Civil Code and, in any case, to cease in the office.
Article 775.- Prohibitions
The receiver of goods is subject to the prohibitions is prescribed in the Civil Code, and that especially may be imposed by the Judge in the circumstances.
Article 776.- Judicial authorization
The receiver of the goods requires the authorization of the Judge to celebrate the acts mentioned in the Civil Code. This will be granted, upon hearing the Family Council, when the law so provides.
Article 777.- Subrogation
The resignation of the receiver of the goods takes effect only at the time they are notified of their acceptance by the Judge. At the request of interested party, may appoint a new receiver.
The administrator can be removed by following the process laid out for your appointment. If the Judge decides the removal, in the same resolution, appoint a new receiver of the goods.
Article 778.- Remuneration
The remuneration of the manager is determined by the Judge, according to the nature of the work to be performed.
Article 779.- Conclusion the administration
Concludes the judicial administration of the goods when all the stakeholders have the capacity to exercise, and so decide, and in the cases provided for in the Civil Code.
Article 780.- Special rule
The receiver of the goods subject to a regime of co-ownership may, exceptionally, to sell the fruits that collect and enter into contracts on property administered by it, provided that it does not imply your disposal, not to exceed the limits of a reasonable administration.
If there is a need to perform acts of disposal urgent, the administrator must obtain the prior authorization of the court, who shall grant it flat or with a hearing of the interested parties.
Subchapter 3: Adoption
Article 781.- Origin*
In this process, pending the adoption of older people.
If the alleged adopted person is a person referred to in article 44 of the Civil Code, requires the intervention of your representative or your support. If this is the adopter, the application may be with the Public Ministry.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 782.- Eligibility*
In addition to the provisions of Article 751, the person who wants to adopt another will accompany:
1.- Certified copy of your birth certificate and marriage, if married;
2.- Certified copy of the birth certificate of the adopted and her marriage, if married;
3.- The evidence intended to prove his good moral character;
4.- Document certifying that the accounts of his administration have been issued, if the applicant has been the legal representative of the adopted;
5.- Certified copy of the inventory and valuation court of the goods that could have been adopted; and
6.- Warranty given by the adopter, the sufficient discretion of the Judge, if the adopted outside a person referred to in article 43 or 44 of the Civil Code.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 783.- Audience
If there is no opposition, the applicant, and your spouse if you are married, have ratified their willingness to adopt. The adopted and his spouse shall give his assent. Then, the Judge will resolve in accordance with article 378 of the German Civil Code in the appropriate box.
If there is opposition, it follows the process provided for in articles 753, 754, 755, 756 and 757.
Article 784.- Execution
Decree or final resolution, which declares the adoption, the Judge will officiate at the Registry of the Civil State corresponding to extend new birth certificate of the adopted and make a note of the adoption by the margin of the original.
Article 785.- Ineffectiveness of the adoption
Within the year following the cessation of his or her disability, the adoptee can apply for leave without effect the adoption, following the same procedure established in this Subchapter, as applicable.
Subchapter 4: Authorization to dispose rights of unable to
Article 786.- Source
Are processed in accordance with the provisions of this Subchapter to the requests of the representatives of unable, by law, require court authorization to enter into or perform certain acts in respect of the property or rights of their constituents.
The application must be appended, where appropriate, of the document that contains the act for which authorisation is requested.
Article 787.- Public Ministry
The Public Ministry is a part in the processes referred to in this Subchapter only in the cases where there is no Family Council constituted before.
Article 788.- Evidence
Proposed as evidence the testimony, the witnesses shall be not less than three nor more than five and greater than twenty-five years.
When it comes to acts of disposition over the property or rights whose value is determined by objective criteria, such as appraisals that take the form of a sworn statement, stock quote or similar means, shall be attached to the application documents in person or, in his absence, an official certification of your value or skill part.
Article 789.- Formalization of the authorization
When the act for which authorisation is requested should be formalized and documented, the Judge will sign and seal every one of the leaves.
Subchapter 5: Declaration of disappearance, absence, or death alleged
Article 790.- Source
At the request of the interested party or of the Public Ministry, you can request the declaration of disappearance, absence, or death alleged, based on the cases provided for in the Civil Code.
Article 791.- Special requirements
In addition to the requirements referred to in article 751, the request must indicate the relationship of assets and debts you know of missing, the absent or the dead alleged and, in these last two cases, the name of his likely successors.
Article 792.- Notification
The resolution that supports the request shall be notified to the late, absent or dead, suspected by the edicts more suited to the fulfillment of your order. For those who may have inheritance rights, you will be notified by edict if it was unaware of their home address.
Article 793.- Judgment founded
The sentence that supports the request, set the probable date of the disappearance, absence, or death alleged and, in your case, appoints a curator.
The judgment is eligible for entry in the records in where you need to produce legal effects.
Article 794.- Recognition of the presence and existence
The application for the recognition of the presence and ceasing of effect of the judgment that would have declared the disappearance, absence, or death alleged, is carried out under this Subchapter, as applicable.
Subchapter 6: family Heritage
Article 795.- Standing and beneficiaries
You can apply for the constitution of a family's assets to the persons listed in article 493 of the Civil Code, and only for the benefit of those listed in article 495 of the same Code.
Article 796.- Eligibility
In addition to the provisions of article 751, will accompany you and indicate in the request:
1.- Certificate of encumbrance of the land to be affected;
2.- The minutes of constitution of the family's assets;
3.- Public documents that prove the family relationship invoked;
4.- The data that allow to identify the premises; and
5.- The names of the beneficiaries and the link that binds them together with the applicant.
Article 797.- Notification edictal
The application prompted the publication of an excerpt of it for two days interdiarios in the journal of the legal notices. If the place does not have journal, will be used the form of the notice edictal more appropriate at the discretion of the Judge. The constancy of this notification shall be accompanied to the hearing.
Article 798.- Public Ministry
The intervention of the Public prosecutor is subject to the provisions of article 759.
Article 799.- Audience
If there is no contradiction, the Judge will resolve in response to tested. If there is, we will follow the procedure established in articles 753, 754, 755, 756 and 757.
Article 800.- Modification and termination
The modification, and termination of the family's assets will be required before the Judge who was, according to the procedure provided for in this Subchapter in which applicable.
Article 801.- Formalization
Decree or final resolution, which approved the constitution, modification or termination of the heritage family, the Judge will order that the detailed view, to be elevated to a public deed that is recorded in the respective register.
Subchapter 7: Offer of payment and consignation
Article 802.- Source
In the cases that set the Civil Code, anyone who intends to comply with a provision, you can request your offer and judicial, in your case, that you are authorized to enter it for the purpose of payment.
When there is a process in litigation in which we discuss the relationship of material that originated or that is connected to the obligation due the offer and eventual appropriation, must be made in the process based on the procedure that corresponds to the same.
Article 803.- Requirements and annexes to offer judicial
In addition to the provisions of article 751, in which appropriate, the applicant must specify in as much detail as possible the nature and amount of the obligation, by appending the evidence proving:
1.- That the obligation is enforceable; and
2.- In the payment that seeks to make converge the requirements set out in the Civil Code.
Article 804.- The form of the offer, court payment
The offer must be to comply with the provision in the audience.
Article 805.- Lack of contradiction and hearing
If the creditor does not contradict the offer within five days of the site, at the hearing, the Judge declares the validity of the offer, and you receive the payment, bearing in mind the provisions of article 807.
In case of inconcurrencia of the set, proceed in the manner set forth in the preceding paragraph.
If the applicant does not attend the hearing, or if agents do not make the payment in the form offered, the Judge shall declare invalid the offer and shall impose a fine of not less than one nor more than three Units of a Reference Procedure. This decision is inimpugnable.
If the set accepts the offer, the Judge will order that the feature will be delivered directly and immediately.
Article 806.- Exceptional case*
If by the nature of the benefit payment may not be made in the event of the hearing, the Judge shall be in the same, according to the title of the obligation, or, in his absence, to the proposal of the parties, the opportunity and way to do it. Compliance, which will take the minutes, will take place in the presence of the Clerk of Court or the Judge, if he considers it necessary.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 807.- Consignment
For the allocation of the provision is applicable in the following way:
1.- The payment of money or delivery of securities is carried out by delivery of the certificate of deposit issued by the Bank of the Nation. The money allocated interest-bearing legal.
2. In the case of other goods, in the event of the hearing, the Judge decides on the manner, place and manner of your deposit, considering the title of the obligation has prescribed or, alternatively, what is stated by the parties.
3.- In the case of services not eligible for deposit, the Judge has the way of making or have made the payment according to what the title of the obligation has prescribed or, alternatively, what is stated by the parties.
Article 808.- Sale
In any state of the process, at the request of the debtor, under their own responsibility and with citation of the creditor, the Judge may authorize him / her, in a reasoned decision and inimpugnable, proceed to the immediate sale of the object of the provision when it is susceptible to deterioration or perecimiento. The decision that the request is rejected without appeal with suspensive effect.
You have made the sale includes the amount of the price minus the costs incurred.
Article 809.- Contradiction and hearing
Handled the contradiction of his acquittal, if there is, the Judge authorizes the appropriation without passing judgment on their purposes and declare the process is completed without resolving the contradiction, subject to the right of the parties to enforce in the process contention that appropriate.
Started the process, litigation, when it comes to benefits of compliance newspaper, offers and allocations following shall be carried out in the process.
Article 810.- Contradiction partial
If the creditor formula contradiction partial to the offer of payment, it takes legal effect in the party not affected by the contradiction.
In these cases they are applicable, in the relevant Articles 753, 754, 755, 756 and 757.
It is inappropriate to the refusal of the debtor to the partial acceptance of the creditor.
Article 811.- Offering settlement
If the creditor to whom has been made to offer out-of-court payment has refused to admit it, the debtor may consign in court the due performance. To this effect, the silence matter manifestation of will be negative.
The applicant must comply with the requirements of section 803, accompanying the means of proof of the offer and refusal.
In the car admisorio, the Judge asks the creditor to that at the hearing expressed or not your acceptance of the payment under penalty of having their consignment.
Are supplementary application of the other provisions of this Subchapter.
Article 812.- Appropriations regular or successive
In the case of benefits or periodic successive originated in the same relationship material, the immediately subsequent to the filing of the application shall be made in the same process, without the need for hearings later and will be subject to what the Judge has decided in the hearing. The applicant shall state in the request the periodicity of its obligation.
Article 813.- Order in the appropriations regular or successive
If the creditor manifested thereafter, your assent to receive payment directly, it is not appropriate to the realization of the appropriations periodic or subsequent.
Article 814.- Consignment court without the effect of payment
Exceptionally, both the debtor and the creditor can request that the object of the provision is left in deposit judicial power of the debtor or other person, in which case they are applied, as they were relevant, the rules of the contract of kidnapping.
These requests come from even when there is a contradiction of the creditor.
Article 815.- Costs and expenses
If there were no contradiction, costs and expenses shall be borne by the creditor.
When in the process of litigation later declared, directly or indirectly, that the contradiction was unfounded, the defendant is entitled to the repayment with interest of what you have paid for costs and expenses in the non-adversarial process above.
Article 816.- Removal of the consignment*
Except in the case of acceptance of the offer, the withdrawal of the consignment the following rules are observed:
1.- The application is made in writing, with signature certified by the Secretary of the Court, accompanied by a simple copy of the identity document of the applicant, which will be kept on file.
2.- Upon receipt of the request, the Judge confers transfer to the other party by notice in writ and, with answer or without her, inside of the third day, issuing a self-authorizing or denying the application.
3.- Access to the request, provides for the delivery of the consigned or, in your case, certificate of deposit that endosará in favor of the person entitled. On the file are preserved copy of the certificate of deposit in which reverse to be signed by the applicant at the time of receiving it.
4.- The entity or person depository that make the delivery of the consigned, is under no obligation to verify the identity of the applicant and require you to sign a receipt confirming their identification and date of delivery.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Subchapter 8: Check testament
Article 817.- Origin and Legitimation active
Is processed in accordance with the provisions of this Subchapter the verification of authenticity and compliance of formalities of the will is closed, holographic, military, sea, or air, for further probate attorney.
You are entitled to request verification:
1.- Whoever is in possession of the will;
2.- Who by his family relationship with the deceased is deemed to forced heir or legal;
3.- Who is deemed instituted heir voluntary or legatee; and,
4.- Who is a creditor of the testator, or of the alleged successor.
Article 818.- Requirements and annexes
In addition to the provisions of article 751 as applicable, the application shall be appended:
1.- The certified copy of the death certificate or the judicial declaration of presumed death of the testator, and certification of registration not to be registered another testament.
2.- Certified copy, in the case of the testament closed, the notary is extended when it was granted or, in the absence of this, the certification of the existence of the testament issued by the notary who keep him in their custody;
3.- The document that contains the holographic will or on which presumably contains; and
4.- Proof of registration of the registration of the will in accordance with article 825, in cases of testament, military, maritime, or air that had been delivered to the Judge by the appropriate authority.
In all the cases referred to above shall indicate the name and address of the heirs or legatees.
Article 819.- Presentation and evidence upon
When you try testament closed and will always effect the registration of another witness, the Judge shall order the notary public to present it to the Court, with the respective record, in his case, within five days of notification.
When the testament was closed or the holographic presented were contained in a sealed envelope, the Judge will proceed to its opening, in the presence of the notary public or the applicant, as appropriate, will make his firm whole and the seal of the Court in each of the pages, and shall certify the state of the envelope or cover, which will be added to the record, all of which will extend act in that, if that is the case, will be aware of the possibility that the state of the envelope had been allowed to change its content.
If the testament is written in a language other than English, shall be in accordance with the article 710 of the Civil Code.
Article 820.- Site complementary
If after the confirmation referred to in article 819, Judge warns that there are successors appointed by the testator is not listed in the verification request, it shall require the applicant for the same to within the third day to tell the Court, if known, the address of such successor to its proper location.
If the address is either ignored or the applicant is not indicated in the indicated term, the Judge shall provide that the extract of the application is published three times, with intervals of three days, in the manner provided for in article 168.
Article 821.- Evidence
In the case of a will shut down, only supported as evidence the affidavit of granting extended on the envelope or cover. In default of the act, and when the envelope was damaged, they are admissible as evidence only the certified copy of the minutes transcribed from the record of the notary, the statement of the witnesses who participated in the act, the comparison of the signature and, if applicable, the letter of the testator.
In the case of the holographic will are permissible only the matching letter and signature, or, if this is not possible, the expertise. Not being able to proceed with these means, it is permissible for the statement of witnesses on the handwriting and signature of the testator. Witnesses shall not be less than three nor more than five, more than thirty years, neighbors of the place on the date of grant of the will and without kinship to the third degree of consanguinity or affinity with the alleged devisees or heirs are forced or legal of the testator.
Article 822.- Denial of contradiction
The contradictions concern the validity of the content of the testament will be declared inadmissible.
Article 823.- Resolution and effects of the same
If the Judge considered authentic in the testament and fulfilled the formal requirements applicable to the same, will make his firm whole and the seal of the Court in each of the pages and arrange the probate attorney of record, noting, when appropriate, the provisions of article 703 of the Civil Code.
The resolution does not prejudice the formal validity of the will or the content of the testamentary provisions.
Article 824.- Request rejected
If the verification request will be rejected in final form, may be re-attempted in a process of knowledge within a period not exceeding one year since I became final the final resolution.
Article 825.- Special provisions
The Judge received from the appropriate authority a testament military, maritime, or air, and will inform the Public Ministry and will have your annotation in the Registry of Wills.
Subchapter 9: Registration and rectification of departure
Article 826.- Origin*
The application for registration or rectification of a marriage certificate or death certificate, and the correction of a birth certificate, applicable only when it is practiced within the period provided by the act or when the Judge to consider the worthiness of the cause. The application for registration of a birth certificate is governed by the law of the matter.
When it comes to the correction of the name, gender, date of the event or civil status, shall indicate precisely what is required.
The rules of this Subchapter apply to the registration of births, marriages and deaths of peruvians occurred on the outside, not registered with the national authority.
It is also applicable to the correction of items of births, marriages and deaths of peruvians occurred on the outside, registered with the national authority.
* Article amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
Article 827.- Active legitimacy*
The application will be made by:
1.- The legal representative or the support of a person referred to in article 43 or 44 of the Civil Code and, in the absence of that one, by any of his relatives to the fourth degree of consanguinity or second of affinity, for the rectification of the birth certificate.
2.- The person whose birth certificate is correct, if he is of age, and, if he has died, by their relatives up to the fourth degree of consanguinity or second of affinity.
3.- Any of the spouses, or by the death of the latter, by any of his relatives to the fourth degree of consanguinity or second of affinity, for registration or amendment of the marriage certificate.
4.- Any of the relatives up to fourth degree of consanguinity or second of affinity of the deceased, to the registration or correction of the death certificate.
5.- By the Public Ministry when the deceased has no relatives. In this case it is not required of publication, except that the action of the Public prosecutor originates at the request of the interested party.
* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 828.- Publication*
The publication of the extract of the application is performed by a single time in the manner provided in the articles 167 and 168 of this Code on it that may be applicable. The documents that contain the edicts will be authorized by a Lawyer, as a requirement for publication.
* Article amended by the Law 26784published on may 11, 1997 (link: lpd.pe/0bbAL).
Article 829.- Special step
The people whose births have been registered in the Registers of Civil Status of the Municipalities of the Republic and Consulates of Peru, in whose items are included for error between their first and last names, the word “of” or the letters “y”, “i”, “e” or “to”, or other manifest error in spelling, gender, or similar to flow of the document itself, will be able to ask for the rectification.
The Judge, without observing the procedure of article 754, shall have plane rectification corresponding.
Subchapter 10: intestate Succession
Article 830.- Source
In the cases provided for in Article 815 of the Civil Code, any interested party may request the start of the process of succession. When it is a question of interest unable to without a representative, may apply in the Public Ministry.
Article 831.- Eligibility*
In addition to the provisions of article 751, the application shall include:
1.- Certified copy of the death certificate of the deceased or the judicial declaration of presumed death;
2.- Certified copy of the birth certificate of the presumed heir, or public document that contains the recognition or the judicial declaration, if it is child's extra-marital;
3.- Relationship of the property known;
4.- Certification of registration of that there is no registered testament in place of the last residence of the deceased, and where she had property enrolled; and
5.- Certification of registration of the same locations cited in the previous subsection that there is no record of another process of intestate succession.
Be the case, attached to the application the certificate of registration of the union of fact in the Registration Staff.
* Article amended by the Law 30007published on April 17, 2013 (link: lpd.pe/kyvd7).
Article 832.- Legitimation passive
The alleged heirs domiciled in the place, to the surviving spouse and to the Public Welfare and appropriate, notifying them only the resolution admisoria, and the others if they apersonan the process.
If the deceased was a foreign national, shall be in addition to the consular officer concerned.
Article 833.- Notification edictal and registration*
Supported the application, the Judge has:
1.- The publication of an announcement in the newspaper advertisements court as in other of wide circulation. If the place does not have journal, will be used the form of the notice edictal more appropriate at the discretion of the Judge.
The notice shall contain the identification of the Court and the Clerk of the Court, the names of the applicant and the deceased and the date and place of death.
Will be credited at the hearing proof of service performed.
2.- The annotation of the application in the Registry of Intestate Succession, and the Registry of Mandates and Powers. To that end, the Judge studied the parts to the corresponding records in accordance with law.
* Article amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 26707published December 12, 1996 (link: lpd.pe/0WBKX).
3. Law 26716published December 27, 1996 (link: lpd.pe/0Q9LO).
Article 834.- Inclusion of another heir and audience.*
Within thirty days from the publication referred to in article 833, which is considered heir may appear in person proving his quality with the certified copy of the certificate, or public instrument containing the recognition or judicial declaration of filiation. Such apersonamiento, the judge will summon hearing, following the procedure appropriate.
If you do not have apersonamiento, the judge, without the need to quote the audience will resolve in response to tested.
* Article amended by the Law 26668published on October 3, 1996 (link: lpd.pe/0eDAQ).
Article 835.- Public Ministry
The Public prosecutor is involved, subject to the provisions of article 759.
Article 836.- Execution
Decree or final resolution that declares the heirs, shall be pursuant to the provisions of article 762.
Subchapter 11: Recognition of judgments and arbitration awards issued abroad
Article 837.- Competition*
The process referred to in Title IV of the Book X of the Civil Code, is brought before the board of Civil duty of the Superior Court in whose territorial jurisdiction has its address to the person against whom it is sought to be enforced.
Apply to the process of recognition of a foreign arbitral award, the General Provisions of this Section, in all that is not contrary to the General Law of Arbitration.
* Article amended by the Law 26572published January 5, 1996 (link: lpd.pe/2omnK).
Article 838.- Presumption relating
It is assumed that there is reciprocity with respect to the strength that is given on the foreign judgments or arbitral awards made in Peru. Corresponds to the negative test to those who deny the reciprocity.
Article 839.- Exclusion
Not required to follow this process, the performance of the eew and letters rogatory addressed by foreign Judges that have the purpose of practicing notifications, declarations or other similar acts, it being sufficient that the request is contained in documents legalized and properly translated, it being the case.
Article 840.- Delivery of a certified copy of the record
The process is completed, the delivery of a certified copy of the record to the data subject, keeping the original in the file Room.
Subchapter 12: Establishment of supports and safeguards*
* Subchapter incorporated by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
Article 841.- Pending
The applications supports and safeguards are dealt with by the competent judge or notary.
Article 842.- Applications of supports and safeguards
The applications supports and safeguards are initiated by request of a person's own according to the article 659A of the Civil Code.
Article 843.- Application by any person
In the cases of persons referred to in article 44, paragraph 9, and article 45B of paragraph 2 of the Civil Code of the application can be made by any person under section 659-E of the Civil Code.
Article 844.- Applicant with a disability
In the case of applicants to be a person with a disability:
In addition to the provisions of article 751, the application is accompanied by:
(a) The reasons for the request.
(b) The disability certificate confirming the status of a disability of the person requesting the support or safeguard.
Article 845.- The duty of the Judge
The judge performs all modifications, adaptations, and adjustments in the process to ensure the expression of the will of the person with disability.
Article 846.- Content of the request
The application contains indications with regard to who will be the people or institutions that fungirían support, what legal acts are restricted and for how long governed.
Article 847.- Content of the final resolution
The final resolution should indicate who or who would be the people or institutions of support, what legal acts are restricted by how much time they are going to govern and what are the safeguard measures, if necessary. Such a resolution is recorded in the Registry Staff in accordance with article 2030 of the Civil Code.
In addition, the final resolution is written in the format of easy-to-read where their contents are summarized and transcribed with simple language and clear, according to the needs of the person with a disability.
SUPPLEMENTARY PROVISIONS
FINAL PROVISIONS
FIRST.- The provisions of this Code are applied complementarily to the other systems in the legal process, provided that they are consistent with your nature.
SECOND*.- The procedural rules are immediately applied, even to the process in the process. However, it will continue to be governed by the rule above: the rules of the competition, the media impugnatorios brought, the procedural acts with the principle of execution and the time limits that would have begun.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
THIRD.- All references to legal or administrative Code of Civil procedure, is understood to have been made to the Code of Civil Procedure.
Except that this Code to establish a jurisdiction different, it should be understood that any reference or mention legal-trial procedure or process:
1.- Ordinary, refers to the process of knowledge;
2.- Summary or of lesser value, refers to the shortened process;
3.- Executive, refers to the process of implementation;
4.- Pending incidental or process of opposition, refers to the process summary;
5.- Diligence high school refers to early test.
FOURTH*.- Except that this Code to establish a special process, are dealt with as a shortened process the claim for payment of remuneration for services rendered as a result of a link does not work, and the claims to refer the following Items of the following laws:
1.- Civil code: 16, 26, 28, 31, 92, 297, 329, 463, 465, 471, 539, 796 subsection 5, 850, 854, 855, 952, 984, 1076, 1079.
2.- General corporation law: 42, 50, 56, 67, 71, 98, 100, 146, 210, 350 and 363 (third paragraph).
3.- [Repealed]
* Available as amended by the Ley 27287published on June 19, 2000 (link: lpd.pe/2DyxZ). Also, paragraph 2 repealed tacitly by the Law 26887published December 9, 1997 (link: lpd.pe/0AjOo). The articles described belonged to the Law 16123published December 9, 1996 (link: lpd.pe/pnn1W), which was subsequently modified by the DL 311published on November 13, 1984 (link: lpd.pe/2PyYK).
FIFTH*.- Except that this Code to establish a special process, are dealt with as a process summary the claims referred to in the following Articles of the following laws:
1.- Civil code: 58, 293, 300, 305, 460, 468, 606, 792, 993, 1014, 1017, 1073, 1074, 1078, 1116, 1163 and 1839.
2.- General corporation law: 8, 9, subsection 4, 125, 126, 161, 267, 341, 370 and 377, paragraph 3.
3.- Securities act: 28, 101, 102, 105, 108 and 208.
*Provision amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Ley 27287published on June 19, 2000 (link: lpd.pe/2DyxZ).
Also, paragraph 2 repealed tacitly by the Law 26887published December 9, 1997 (link: lpd.pe/0AjOo). The articles described belonged to the Law 16123published December 9, 1996 (link: lpd.pe/pnn1W) , which was subsequently modified by the DL 311published on November 13, 1984 (link: lpd.pe/2PyYK).
SIXTH*.- Except that this Code to establish a special process, are dealt with as non-adversarial process requests or authorizations of the Civil Code referred to in Articles: 63, 74, 241 (1) 242 subsection 2, 244, 249, 426, 427, 428, 429, 433, 491, 507, 732, 793, 796 subsection 3, 874, 1006, 1144, 1576, 1736, 1861, 1862 and 1876.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
SEVENTH.- Except different layout of this Code, are hereby abolished all legal proceedings special and all privileges in matters of civil procedure in favor of the State, the Central Government and Regional and Local Governments, their respective agencies and other entities of public law or private, of any nature whatsoever.
EIGHTH.- To start or continue the process it is not required to prove the fulfillment of tax obligations. However, the Judge may officiate at the tax authority, if it considers it appropriate, to safeguard the interest tax.
NINTH.- [Repealed]*
* Provision repealed by Law 26846published on July 27, 1997 (link: lpd.pe/pe57G).
TENTH.- In accordance with the Twenty-Fifth and Final Disposal of the Judicial Power organization Act (Legislative Decree 767), the rules of the Code of Civil Procedure apply preferably in respect of the person.
*It is the Twenty-Third Final Provision of the Organic Law of the Judiciary.
ELEVENTH*.- The Auxiliary courts are included in the Article 243 of the Constitution of Peru.
*It is currently the article 146 of the Constitution of 1993.
TWELFTH.- [Repealed]*
* Provision repealed by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
THIRTEENTH.- The Executive Council of the Judiciary review, at least every five years, the Table of Distances.
FOURTEENTH.- Every two years the Colleges of Lawyers, Engineers, Accountants, Doctors and others whose professionals can perform expertise, approved and published in the newspaper “El Peruano”, “Guiding Norms of Professional Fees”, which will be mandatory enforcement by the Judges to the determination of the professional fees.
In the absence of update, the Judges apply the indices of consumer prices.
FIFTEENTH.- Prescribed to the five years of the completion of the process that gave them origin, the right to withdraw or charge the amounts of money corresponding to appropriations court made on the Bank of the Nation, and the interests accrued.
Within the months of January and July of each year, the Judges sent to the Directorate General of Administration of the Judiciary, under the responsibility, the certificate of allocation corresponding to the deposits for which payment or withdrawal has prescribed, so that the Address request to the Bank of the Nation, the transfer of the respective funds.
The amounts to swapping the amounts for which payment or withdrawal would have prescribed, shall be distributed in the following way:
1.- 70% for the construction and equipment of the dependencies of the Judiciary and the Public Ministry, divisible by half.
2.- 30% for the construction and equipment of prisons.
The Directorate General of Administration of the Judiciary shall inform the Bank of the Nation and to the holders of the respective sheets budget the amount of money that must be the object of transfer.
SIXTEENTH.- When the Supreme Court acts as a court of higher instance, the procedure will be subject to the provisions of Article 373 of this Code, whichever is applicable.
TENTH, SEVENTH.- The circular of contents procedural issued by the Room Full of the Supreme Court or the Executive Council of the Judiciary, are published in “El Peruano” and have effect from the day following that of its publication, unless the circular set different date.
TENTH OCTAVE*.- The Courts take a Book of Appropriations which shall include: date of the consignment; number of certificate of deposit, when the case may be, and the name of the entity that issues it; details of identification and address of the depositor; name and signature of the Secretary respective; file number that corresponds to the process that has made the appropriation; the date of the resolution authorizing the withdrawal of the consignment, and name and signature of the person so removed.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TENTH-NINTH*.- Only by order of the Judge, and at the request of the university authority, the Auxiliary courts can provide, in the short term, the records fenecidos to the graduating class, properly identified, who, in addition to signing the charge, they will leave a photocopy of your Book Electoral or document to replace it.
Records whose sentences have more than five years of executed, may be sent to the Faculties of Law that the request for use of university teaching.
Unless written consent of the parties or their successors, the records relating to the personal and family privacy, cannot be delivered for the purpose of forensic practice, or for other university purposes.
After more than five years of decree or final judgment or any other form of conclusion to the process; the Secretaries of the Court, prior court order, must be transferred to the court records at the General Archive of the Nation, or to the Departmental Archives, in accordance with the provisions of Article 4 of the Law No. 19414, under rigorous inventory, for preservation of documents or, if applicable, its declaration as Cultural Heritage of the Nation.
* Provision amended by the following devices:
1. D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
2. Law 27043published January 1, 1999 (link: lpd.pe/kX4vw).
TWENTY.- [Repealed]*
* Provision repealed by the First Final Provision of the D-L 25935published on December 10, 1992 (link: lpd.pe/kPAPP). It is worth to clarify that this provision was "repealed" also by article 2 of the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TWENTY-FIRST.- [Repealed]*
* Provision repealed by the First Final Provision of the D-L 25935published on December 10, 1992 (link: lpd.pe/kPAPP). It is worth to clarify that this provision was "repealed" also by article 2 of the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TWENTY-SECOND.- [Repealed]*
* Provision repealed by the First Final Provision of the D-L 25935published on December 10, 1992 (link: lpd.pe/kPAPP). It is worth to clarify that this provision was "repealed" also by article 2 of the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
TWENTY-THIRD.- They are an integral part of this Code the five graphs, marked with the letters A, B, C, D and E, which are published as annexes. The time limits referred to in them are maximum and can be reduced by the Judge, according to the nature of the process and their time availability.
TRANSITIONAL PROVISIONS
FIRST.- Constitúyase a special commission of five members, appointed, three by the Ministry of Justice, one of whom shall preside, a representative of the bar Association of Lima and the other appointed by the Board of Deans of the law Schools of Peru, to which, in the period of sixty days, to formulate the draft Supreme Decree that regulate the notifications system, warrants and deposits judicial, costs, forms, books of reconciliations and appropriations, and other practical aspects for the due application of the Code of Civil Procedure.
SECOND*.- Until December 30, 1993, members, Judges, Arbitrators, and other Professional Associations reported in writing directly to the Ministry of Justice on the questions of interpretation of the Code of Civil Procedure that have been warned, gaps and suggestions.
The Commission referred to the First Transitional Provision of this Code, reinstall from 1 January 1994 to 30 October of the same year, with the aim of proposing the draft Law which may be applicable.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
THIRD*.- Declares to be prescribed, for the purposes referred to in the fifteenth Final Disposition, the presumption of withdrawal or payment of the amounts of the appropriations court not challenged before December 31, 1981, and the of the that having been challenged apply to contentious proceedings terminated before December 31, 1981, and that in one or other case not be removed from the Bank of the Nation prior to the February 28, 1993.
Before 31 December 1992, the Courts and Halls, and the Bank of the Nation shall communicate to the General Directorate of Administration of the Judiciary, the amounts of the appropriations made up to December 31, 1981, and had not been charged on the date of the communication.
The national Bank shall be transferred no later than April 30, 1993, the Judicial Power, the Public Ministry and the Ministry of Justice, the amounts that respectively correspond to them according to the percentages set out in the fifteenth Final Disposal, by the amounts of the appropriations, with their interests, whose claim to retreat or charge would have prescribed.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
FOURTH*.- The Ministries of Foreign Affairs and of Justice, published in “El Peruano”, prior to the July 28, 1993, the full text of the international conventions in force, civilian, commercial, arbitration or civil litigation.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
FIFTH*.- As an exception to the provisions of the Second Final Provision, the proceedings initiated before the entry into force of this Code, shall continue the proceedings according to the rules of procedure with which they were initiated.
The processes that are initiated based on the validity of this Code, in accordance with its provisions.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
PROVISIONS AMENDED
FIRST*.- The Articles of the Civil Code, approved by Legislative Decree 295, listed below, are modified or expanded as follows:
“Article II.- The law does not protect the exercise nor the failure abusive of a right. To sue for compensation or other claim, the data subject may request the appropriate precautionary measures to avoid or suppress temporarily the abuse.”
Article 2: It adds the following paragraph:
“The request is processed as early test, with citation of the people by an indication of the applicant or at the discretion of the Judge, may have rights that are affected. The Judge may order, ex officio, the action of the evidence which it considers relevant. This process is not supported opposition.”
“Article 34: You can designate special home for the execution of legal acts. This designation only means submission to the territorial jurisdiction concerned, unless agreed differently.”
“Article 47.- When a person is not in the place of his residence and it's been more than sixty days without any news about his whereabouts, any relative up to the fourth degree of consanguinity or affinity, to the exclusion of the more distant, may request the appointment of a curator ad interim. You can also apply who invoke a legitimate interest in the business or affairs of the disappeared, with citation of the known family and the Public Ministry. The request is processed as a non-adversarial process.
Not applicable to the appointment of a curator if the deceased has a representative or agent with sufficient powers inscribed in the public registry.”
Article 58: It adds the following paragraph:
“This claim is processed according to the process summary of food, in what has become applicable.”
“Article 60.- In the cases of subsections 1 and 2 of Article 59 is returned to its owner's heritage, in the state in which it is located. The request is processed as a non-adversarial process with the citation of those who applied for the declaration of absence.
In the cases of paragraphs 3 and 4 of Article 59, it proceeds to the opening of the succession.”
“Article 67.- The existence of the person whose death would have been judicially declared, it can be recognized at the request of any interested party, or the Public Ministry. The claim is processed as a non-adversarial process, with citation of those who applied for the declaration of presumed death”.
Article 85: It replaces the third paragraph by the following:
“The request is processed as a process summary”
Article 92: Modify the last paragraph that looks like this:
“The challenge will suit in the Civil court of the domicile of the association and is processed as a shortened process.”
“Article 96.- The Public prosecutor may request a court for dissolution of the association, whose activities or purposes are or are contrary to public order or good customs.
The claim is dealt with as a shortened process, considering as a party defendant to the association. Any partner is entitled to intervene in the process. The judgment was not appealed, it rises in consultation with the Superior Court.
In any state of the process, the court may issue interim measures suspending all or part of the activities of the association, or appointing a receiver of the same.”
Article 104: Amending subsection 9 as follows:
“9. Challenge in court the decisions of the administrators that are contrary to law, or the act of establishing or to demand the nullity or annulment of acts or contracts entered into in the cases provided by law. The challenge is dealt with as a shortened process; the demand of nullity or annulment as a process of knowledge.”
Article 106: It adds the following paragraph:
“The demand for the presentation of the accounts and balances, and the suspension of the administrators in charge of being processed as a shortened process. The demand of disapproval of accounts or balance sheets, and the liability for breach of duties, as a process of knowledge.”
“Article 108.- The Council of Supervision of Foundations, respecting as far as possible the will of the founder, may apply to the Civil Judge:
1. The enlargement of the purposes of the foundation to others of a similar nature, when the estate is notoriously excessive for the purpose established by the founder.
2. The modification of the purposes, when it no longer has the social interest referred to in Article 99.
The claim is dealt with as a shortened process, with citation of the Public Ministry, considering as a whole the administrators of the foundation.”
“Article 109.- The Board of Supervision can request the dissolution of the foundation, whose purpose is impossible to accomplish.
The claim is dealt with as a shortened process before the Civil Judge of the headquarters of the foundation, summoning to the administrators. The demand will be published three times in the daily charge of the legal notices, and other national circulation, upon five days between each publication.
The judgment was not appealed, it rises in consultation with the Superior Court.”
“Article 110.- Having a net resulting from the liquidation of the foundation applies to the purpose set out in the constitutive act. If this is not possible, is intended, at the proposal of the Council, to increase the heritage of the other foundations of purpose analog or, in his absence, to the Public Charity for works of similar purposes to which you had the foundation in the town where he had his headquarters.”
“Article 120.- It is application to the Committee provided for in Article 96.”
“Article 121.- Fulfilment of the intended purpose, or if she could not be reached, the board of trustees applicable to the dissolution and liquidation of the committee, presenting to the Public Ministry, a copy of the final states of accounts.”
“Article 122.- The board of trustees awards the erogantes having net resulting from the liquidation, if the accounts had not been objected to by the Public prosecutor's office within thirty days of having been submitted. The disapproval of the accounts are dealt with as a process of knowledge, be entitled to intervene with any of the members of the committee.
If the award to the erogantes is not possible, the council will deliver the have net entity of Public Welfare of the place, with knowledge of the Public Ministry.”
Article 181: It adds the following paragraph to paragraph 1:
“A presumption of insolvency of the debtor if, within fifteen days of his arraignment court, does not guarantee the debt or does not point to goods free of any encumbrance for value sufficient for the fulfilment of its delivery.”
Article 181: It adds the following final paragraph:
“The loss of the right to the term on the grounds specified in the foregoing paragraphs, it is declared at the request of the interested party and is processed as a process summary. They are especially from the precautionary measures aimed to ensure the satisfaction of the credit.”
Article 182: Replaces the last paragraph, for the following:
“The demand is dealt with as a process summary.”
Article 186: Replaces the last paragraph, for the following:
“The demand is dealt with as a process summary.”
“Article 195.- The creditor, even if the credit is subject to a condition or term, you can ask declared to be ineffective in respect of him to the gratuitous acts of the debtor that waives rights or with the decrease your heritage known and may impair the collection of the credit. It is considered the existence of prejudice when the act of the debtor is unable to pay in full the provision due to, or exacerbated the possibility of recovery.
In the case of act for consideration must attend, in addition, the following requirements:
- If the credit is prior to the act of decreasing wealth, that the third party has gained knowledge of the prejudice to the rights of the creditor, which, according to the circumstances, has been in reasonable position to know or not to ignore them and the damage possible to the same.
- If the act whose inefficiency is requested prior to the emergence of the credit, the debtor and the third party would have held for the purpose of harming the satisfaction of the credit of the future creditor. It is presumed that intention in the debtor when he has disposed of assets of whose existence had been informed, in writing, to the future creditor. It is presumed the intent of the third when he knew or was in the fitness of knowing the future credit, and that the debtor has no other property registered.
It is incumbent on the creditor's proof of the existence of the credit and, in his case, the concurrence of the requirements referred to in paragraphs 1 and 2 of this article. Corresponds to the debtor and the third party, the burden of proof about absence of harm, or on the existence of free goods sufficient to ensure the satisfaction of the credit.”
“Article 200.- The ineffectiveness of the gratuitous acts are dealt with as a process summary; the acts onerous as a process of knowledge. They are especially from the precautionary measures aimed to prevent the harm is irreparable.
Excepted the relevant provisions on the subject of bankruptcies.”
“Article 256.- It is competent to hear the opposition to the marriage, the justice of the Peace Lawyer of the place where it would be held.
Submission of the dossier of opposition by the mayor, the Judge will require the opponent to stand in demand within the fifth day. The Public prosecutor's office shall file his complaint within ten days from publication of notice provided for in article 250 or made the complaint cited in the previous article.
Due to the periods mentioned in the previous paragraph without lodged complaint will be closed definitely acted.
The opposition is dealt with as a process summary.”
Article 277.- Amending subsection 1:
“1. The impúber. The suit may be exercised by him after reaching the age of majority, by their ancestors if he had not given assent to the marriage and, in the absence thereof, by the family council. Cannot be requested cancellation after the child has reached age of majority, or when the woman has conceived. Although it was declared the annulment, the spouses of legal age can confirm their marriage. The confirmation is requested from the justice of the Peace Lawyer's place of residence and is processed as a non-adversarial process. The resolution to approve the confirmation produce a retroactive effect.”
“Article 281.- The claim of invalidity of marriage is dealt with as a process of knowledge, and are applicable, as relevant, the provisions established for the processes of separation or divorce on grounds.”
“Article 292.- The representation of the conjugal society is exercised jointly by the spouses, without prejudice to the provisions of the Code of Civil Procedure. Any one of them, however, you can give power to the other to exercise such a representation in whole or in part.
For the ordinary needs of the home and acts of administration and conservation, the society is represented interchangeably by either of the spouses.
If either spouse is abusing the rights referred to in this Article, the justice of the Peace Lawyer can limitárselos in whole or in part. The claim is dealt with as a shortened process.”
“Article 309.- The non-contractual liability of a spouse does not harm the other in their own property or on the part of the society, which corresponded in case of liquidation.”
Article 333.- Amending paragraphs 2 and 11:
” 2. Violence, physical or psychological, that the Judge will appreciate that depending on the circumstances.
“11. Separation conventional, after two years of the celebration of marriage”
“Article 344.- When prompted for the separation conventional either party may revoke your consent within thirty calendar days following the hearing.”
“Article 345.- In the case of separation conventional, the Judge lays down rules concerning the exercise of parental authority, the food of the children and the wife or the husband, watching, as soon as it is convenient, so that both spouses agree.
Are applicable to the separation of conventional provisions contained in the Articles 340, last paragraph, and 341.
Article 354.- On the expiry of six months from notification of the judgment of separation conventional, either of the spouses, based on it, may request that you declare dissolved the bond of marriage.
The same right may exercise the innocent spouse of the separation by specific causal.
Article 419: Modify the last paragraph:
“In case of dissent, resolves the Judge of the Child and the Teenager, according to the process summary.”
Article 496: Modified item 4:
“4. That is approved by the Judge, according to the provisions for the non-adversarial process.”
“Article 542.- The surrender, at the request of the guardian or of the family council, is presented in the execution of the judgment of the shortened process. The presentation, at a hearing the Judge will signal to the effect, and with the presence of the minor if more than fourteen years, in writing, attaching a copy of the supporting documentation, or providing other means of proof. At the hearing, the tutor will provide the explanations required.
The demand of disapproval is formulated to be the case, within the period of expiration of sixty days after the submission of the accounts, and is processed as a process of knowledge.”
“Article 664.- The right of inheritance demand corresponds to the heir who does not own the goods that it considers to belong to him, and is directed against whom it owns in whole or in part to title to the succession, to exclude or to go with him.
The claim referred to in the previous paragraph, you can accumulate the declared heir to the movant if, having pronounced judicial declaration of heirs, it considers that it has preterido their rights.
The claims referred to in this Article shall not be subject to and will be processed as a process of knowledge.”
Article 676: It adds the following paragraph:
“The demand challenge is dealt with as a process summary.”
“Article 751.- The deshereda may bring suit against the disinherited to justify their decision. The claim is dealt with as a shortened process. The judgment that you pronounce prevents contradict the desheredación.”
“Article 794.- Although the testator would have been relieved of this duty, within sixty days of completion of the albaceazgo, the executor must file the successors to the a written report of its management and, if that is the case, the corresponding accounts, with supporting documents of the case or by providing other means of evidence. The accounts do not require the observance of formality especially in terms of their content, always providing an orderly list of income and expenses.
Also shall comply with this duty during the exercise of the position, with a frequency of not less than six months, when ordered by the Civil Judge at the request of any successor. The request is processed as a non-adversarial process.
The report and accounts are understood to be approved if within the period of expiration of sixty days of presented not requested judicially their disapproval, as a process of knowledge.
The rules contained in this Article are supplementary application to all other cases in which there is a legal duty or conventional file income and expense accounts or management reports.”
“Article 795.- May be requested, as a process summary, the removal of the executor that has not started the faction of inventories within ninety days of the death of the testator, or notarized the will, or of his appointment to the court, appropriate, or within thirty days of having been requested by a notary public with such an object by the successors.”
“Article 815.- The inheritance corresponds to the legal heirs when:
- The deceased dies without leaving a will; the which granted has been declared null and void, totally or partially; it has been expired for lack of checking a court of law; or is declared invalid, the desheredación.
- The testament does not contain an institution of an heir, or has been declared the revocation or invalidity of the provision that establishes.
- The forced heir dies before the testator, the renunciation of the inheritance, or the lost unworthiness or desheredación and has no descendants.
- The heir to volunteer, or to the legatee dies before the testator; or for not having fulfilled the condition laid down by the latter; or by resignation, or by being declared unworthy to these successors no substitutes appointed.
- The testator who has no compulsory heirs or volunteers established testament, has not had all their property in legacies, in which case the legal succession works only with respect to the goods that is not arranged.
The judicial declaration of heirs by succession, total or partially intestate, without prejudice to the preterido by the declaration to enforce the rights vested in it by article 664.”
“Article 853.- When all the heirs are able to and agree on the partition, make it by public deed in the case of properties listed in public records. In other cases, it is enough private document with signatures notarized notarized.”
“Article 865.- Is null the partition made with preterición of a successor. The claim is not subject to prescription and is processed as a process of knowledge.
The invalidity does not affect the rights of any third party purchasers in good faith and for valuable consideration.”
Article 875: It adds the following paragraph :
“The opposition is exercised through demand, or as a third party with an interest in the existing process, to be the case. The powers procedural depend on the nature of their right.
You can also sue the guardianship and custody of their right not yet enforceable. This claim is processed as a shortened process.”
“Article 987.- If any of the co-owners are unable or has been declared absent, the partition conventional is subject to judicial approval, accompanying the request appraisal of the property by a third party, with the signature certified by a notary, as well as the document that contains the agreement particional, signed by all the interested parties and their legal representatives. Can be omitted appraisal when goods have stock quote or market analog, or value determined for tax purposes.
The application for approval is subject to the passage of the non-adversarial process, with citation of the Public Ministry and of the family council, if it was already formed.”
“Article 1069.- The expiration of the term without having complied with the obligation, the creditor may proceed with the sale of the asset in the form agreed to the establishment of the obligation. In the absence of a covenant, is carried out as a process for the execution of guarantees. The opposition of the debtor can only be supported by documentary evidence that proves unmistakably the payment.”
“Article 1236.- When by law or judicial decision have returned to a benefit or to determine its value, it is calculated to have on the day of payment, unless otherwise provided by the different legal or otherwise.
The Judge, even during the implementation process, it is empowered to update the pretension of money, applying the criteria referred to in Article 1235 or any other index of correction that allows for reset of the amount of the obligation to constant value. To do this you must take into account the circumstances of the particular case, in a resolution duly motivated.
The update value is independent of what is resolved on interest.”
“Article 1251.- The debtor is relieved of its obligation if it provides a benefit due and attend the following requirements:
1. The debtor has offered to the creditor the payment of the allowance due or would have placed at your disposal in the manner agreed to in the title of the obligation.
2. That, in respect of the creditor to attend the assumptions of the Article 1338 or unreasonably have refused to receive the payment. It is understood that there is a negative implication in the cases of evasive answers, of inconcurrencia to the agreed place on the day and time stipulated for the fulfillment, when refuses to give receipt or similar behaviors.”
“Article 1252.- The offering may be judicial or extrajudicial.
It is legal in cases where so agreed, and in addition: when not set contractually or legally is the way to make the payment, when due, which is not attributable to the debtor was prevented from discharging the provision in the intended manner, when the creditor does not perform the acts of co-operation necessary for the debtor to be able to meet the required of it, when the creditor is not known or is uncertain, when you ignore your home when you are away or unable to without having a manager or curator appointed, when the credit out of the dispute or claim several creditors and in similar situations that prevent the debtor to provide, or directly perform a valid payment.
The offering settlement must be made of the way that was agreed upon, the obligation or, in default thereof, by letter of attorney given to the creditor, with notice of not less than five days prior to the date of compliance because, if it were determined. If it were not, the advance should be ten days prior to the compliance date that the debtor point.”
“Article 1253.- The offering court payment and the consignment can be processed as a non-adversarial process in the manner provided in the Code of Civil Procedure.
The opposition to the offer out of court, and, in his case, the appropriation made, will be processed in the process contention that corresponds to the nature of the legal relationship in question.”
“Article 1254.- The payment is said to be valid with retroactive effect to the date of the offer, when:
1. The creditor does not object to the provision court within five days of their location;
2. The opposition of the creditor to payment by any of the forms of offering, is dismissed by resolution of the authority of res judicata.
The offering court is understood to be effected on the day on which the creditor is validly located. The settlement is understood to be made the day which is put in the knowledge.”
“Article 1255.- The debtor may opt-out of the payment offered and, where appropriate, withdraw the deposit made in the following cases:
1. Prior to the acceptance by the creditor.
2. When there is opposition, while not to be dismissed by a resolution authority of res judicata.”
“Article 1372.- The termination is declared by the court, but the effects of the judgement they date back to the time of the conclusion of the contract.
The resolution is invoked judicial or out of court. In both cases, the effects of the judgement they date back to the time in which occurs the cause that motivates it.
By reason of the resolution, the parties must be returned to performance in the state in which they find at the time indicated in the previous paragraph, and if this is not possible it must be repaid in money the value that they had at that time.
In the cases referred to in the first two paragraphs of this Article, it is agreed otherwise. Not prejudicial to the rights acquired in good faith.”
“Article 1398.- In the contracts of adhesion and the terms and conditions of the contract not approved administratively, they are not valid, the provisions that establish, in favour of the person who has written it, exemptions or limitations of liability; powers to suspend the execution of the contract, terminate it, or solve it, and to prohibit the other party the right to raise any objections or to extend or renew tacitly the contract”.
Article 1399: It adds the following paragraph:
“The provisions of the preceding paragraph do not apply when the parties would have submitted to an arbitration rules”
Article 1412: It adds the following paragraph:
“The claim is dealt with as a process summary, except that the title of whose formality it comes to have the quality to executive, in which case we follow the procedure of the corresponding process.”
“Article 1596.- The right of withdrawal must be exercised within a period of thirty days from the communication of a date certain to the person that enjoys this right.
When your place of residence is not known or knowable, can take the form of communication through publications in the journal in charge of the legal notices and increased circulation of the town, for three times with interval of five days between each notice. In this case, the term is counted from the day following the day of the last publication.”
“Article 1597.- If the retrayente know the transfer by any means other than that indicated in the Article 1596, the term is counted from the date of such knowledge. For this case, the presumption contained in Article 2012 is only binding after one year of registration of the transfer.”
[Articles 1906 until 1922]*
* Items are repealed by D-L 25935published on December 10, 1992 (link: lpd.pe/kPAPP).
Article 2011: It adds the following paragraph:
“The provisions of the preceding paragraph does not apply under the responsibility of the Registrar, in the case of a part that contains a decision of the court to order the registration. Being the case, the Registrar may apply to the Judge for clarification or additional information you require, or require to be credited to the payment of any applicable taxes, without prejudice to the priority of the entry to the Registry.”
“Article 2037.- The inscriptions are made in the Registry of the place where permanently is going to exercise the mandate or representation.”
“Article 2041.- Sign up necessarily in this log:
1. Applications for the declaration of heirs.
2. Final decisions that put an end to the process which asks for the statement.
3. The demand and the final judgments referred to in Article 664.”
“Article 2042.- The resolutions referred to in Article 2041 enroll in the corresponding record of the last domicile of the deceased and, in addition, in the place of location of the movable and immovable property, in your case.”
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
SECOND.- The Articles of the General corporation Law, approved by Legislative Decree 311, listed below, are modified or expanded as follows:
“Article 143.- Can be contested resolutions of the general meeting whose content is contrary to this law, contrary to the statute, that could be detrimental, for the benefit of one or several shareholders, the interests of the society.
Is competent Judge of the domicile of the society.
The ruling which declares founded demand, will produce effects opposite to all of the shareholders, but does not affect third parties in good faith.
The Judge shall provide for the extinction of the process if the agreement subject matter of challenge to be revoked or replaced by another adopted pursuant to law or the statute.”
Article 148: The second paragraph is amended as follows:
“The suspension request is processed as a precautionary measure. The Judge can require that the impugned pay contracautela for the compensation of damage caused by the suspension.”
“Article 152.- The challenges of agreements that are contrary to mandatory rules or which may be established on grounds of invalidity provided for in this act or in the Civil Code, are dealt with as a process of knowledge.
The challenges of general meetings, or agreements adopted in them that melt in default of meeting or of lack of quorum, are dealt with as a process summary.”
THIRD.- Modifies the Third and Final Disposal of Legislative Decree 709, which is written in the following way:
“Third And Final Disposal.- The claims for restitution of property by expiration of term of lease, that this Legislative Decree, is in accordance with the provisions for the Eviction process in the Code of Civil Procedure.”
FOURTH.- Changing the first paragraph of article 3 of the Decree Law 22112, by the following wording:
“The collection by the Board of Proprietors of the fees for the contributions that are required by the owners of the units in real estate under the horizontal property regime, is subject to the following rules:
1. The claim is dealt with as a process summary. The demand is appended: certified copy of the minutes of the Meeting of Owners attesting to the power of attorney to act on behalf of the same; a copy of the letter of attorney the Board of Homeowners to be sent to the owner requiring the payment of the amount owed; and a copy of the receipts defaults.
2. Comes in demand when the owner is guilty of more than two installments ordinary or extraordinary is not urgent and you are late for more than thirty days in the payment of any of them, as well as when you are late for more than seven days in the payment of an extra fee as a matter of urgency.
3. The payment obligations of bearing legal interest from the due date for the payment of the fee.”
FIFTH.- It adds the following paragraph to article 174 of the Traffic Code, approved by Legislative Decree 420:
“It is competent to hear civil disputes arising out of traffic accidents, the justice of the Peace Lawyer of the place of the accident, if the amount does not exceed one hundred Units of a Reference Procedure.
In this case, the claim is dealt with as a process summary. When the amount is higher, is the jurisdiction of the Civil court and the claim is processed as a shortened process.”
SIXTH.- [Repealed]*
* Provision repealed by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
SEVENTH.- Articles 19 and 26 of the Law 24973, are written in the following way:
“Article 19.- It is competent to hear the claim for compensation of arbitrary detention, the Civil Judge of the place where the arrest or where he has his domicile to the affected person, at the option of the latter.
The claim is dealt with as a shortened process.”
“Article 26.- The Public prosecutor's office issued an opinion prior to the issuance of a judgment in Superior Court.
Against it resolved by the Superior Court proceeds appeal.”
DEROGATIONS
FIRST*.- Are hereby repealed:
1. The Code of Civil procedure, enacted by Law 1510, the Decree-Law 20236, the Decree-Law 21773, the Law 23613, the Legislative Decree 127 and any other additional rules and amendments, as they were incompatible with this Code;
2. Articles 6, 7, 8, 9, 10, 11, 12, 317 and 318, and paragraphs 7, 8 and 9 of article 21 of the Code of Commerce and article 4 of the Law 16267;
3. [Repealed]
4. The Law 13906, the Legislative Decree 128, the Law 25330 and rules, as amended, and complementary;
5. The Legislative Decree 215;
6. Are also repealed the rules that establish procedures preferred or special for the payment of obligations or for the execution of judicial guarantees. Such procedures will be processed in accordance with the specific process regulated in this Code.
7. The Legislative Decree 310;
8. Articles 12, 20, 23 to 51, 53 and 56 of the Legislative Decree 313 (General Law of Expropriation);
9. Articles 175 to 180, 211 to 217 and 220 of the Legislative Decree N° 420 (vehicle Code);
10. The Law 23436;
11. Article 22 of the Law 23552, as amended by Legislative Decree 499;
12. The Law 24979; and
13. All other provisions contrary to this Law.
* Available as amended by the D-L 25940published on December 11, 1992 (link: lpd.pe/kPLGb).
SECOND.- Déjase without effect:
1. Subsection (h) of article 22 of the Supreme Decree 019-78-VC.
2. Articles 20, 21, 24 to 34, 37, 40, 42, 48, 57 and 61 of the Supreme Decree 047-85-PCM.
3. Other administrative provisions inconsistent with this Code.
ING 
ESP