AMENDMENT OF LAW NO. 14,908 ON ABANDONMENT OF FAMILY AND PAYMENT OF ALIMENTARY PENSIONS Having present that the National Congress has given its approval to the following Bill: " Article 1.-Enter into Law No. 14,908, on Abandonment of Family and Payment of Food Pensions, the following modifications: 1) Replace the article 1 by the following: " Article 1.-Of the food trials the judge of letters in the civil of the address of the food or the food to the choice of the latter and shall be processed according to the procedure of the summary judgment, without prejudice to the special rules referred to in the following Article. The test will be appreciated according to the rules of healthy criticism. The appeals to be deducted shall be granted in the sole effect of return. "2) Reposition the second article by the following:" Article 2.-From the trials of food to minors, to the spouse of the feeder when he is applying for them together with their minor children, or older relatives and minors who jointly claim them, the judge will know the letters of minors in the food or food office at the latter's choice. Such a competition will not be altered to reach the lowest of age as long as the judgment will be pending. He will be competent to know of the demands for increase, reduction or cessation of alimony the same judge who decreed the pension. The mother may order food for the unborn child. In this case, the rules laid down for underage food will apply. The procedure shall be subject to the provisions of Law No. 16,618 of Minors, as not provided for in this legal body. The claim may omit the indication of the defendant's domicile if it is not known. In this case, and in the case where the defendant is not at the address indicated in the application, the judge must take all the measures necessary to determine, as soon as possible, his current address. " 3) next: " Article 3.-For the purposes of decrement food when a minor is requested by his father or mother, it shall be presumed that the feeder has the means to grant them. By virtue of this presumption, the minimum amount of the alimony that is decreed in favor of a food minor may not be less than forty percent of the minimum wage income corresponding to the age of the feeder. In the case of two or more minors, this amount shall not be less than 30% for each of them. All of the above is without prejudice to the provisions of the first paragraph of Article 7 of this Law. If the feeder justifies before the court that it lacks the means to pay the minimum amount laid down in the preceding paragraph, the judge may decide to reduce it prudentially. Where the food ordered is not paid or is not sufficient to meet the needs of the child, the food may be sued by the grandparents in accordance with Article 232 of the Civil Code. " 4. Article 4 (4): " Article 4.-Without prejudice to the provisions of Article 2 (11) of Law No 18.120, if the plaintiff is sponsored by a lawyer empowered to pursue the profession and the defendant shall not be sufficient means to pay for his defence, the court will appoint a lawyer to the respective Judicial Assistance Corporation, of another public or private body providing free legal assistance, or, failing that, to the lawyer in turn. "5) Reposition Article 5, by the following:" Article 5.-In the judgments in which the Food shall be sought in favour of the children of the defendant, provided that there is a plausible basis of the right to be claimed, the judge shall order the provisional food corresponding, after the end of the ten-day period. counted from the date of notification of the claim. For these purposes, it is understood that there is a plausible basis when the title is accredited which enables food to be ordered and there is no manifest inability to provide. Within the term referred to in the first subparagraph, the defendant may present to the court the arguments which he considers relevant to the provenance of the provisional foods and to accompany the background in which he is founded. In the notification of the application, you must be informed of the right. Such presentation shall in no way interrupt the course of the proceedings and shall not prevent the application from being answered in the appropriate procedural opportunity. In any event, the court must, of its own motion, rule on the provisional food, whether the defendant has deduced observations or has passed the term referred to in the first subparagraph. The ruling on these foods shall be notified in accordance with Article 35 of the Law of Minors. In other cases, the decision imposing provisional food shall be notified personally or by means of a transfer. The judge may also provisionally access the request for an increase, reduction or termination of a alimony, when he considers that there is sufficient background to justify it. The relevant application shall be processed as an incident. The resolution which will delay the provisional food or the one which will be provisionally delivered on the request for an increase, reduction or cessation of a alimony, will be subject to the replacement appeal with subsidiary appeal, which will be (6) Add to Article 6 the following point: "Any decision establishing a food pension shall determine the amount and place of payment of the pension." 7) Replace Article 7, which becomes 11, by the following: " Article 11.-All judicial decisions which I will set a food pension, or to approve a transaction under the conditions set out in the third indent, will have executive merit. It shall be competent to hear the court's execution in a single or first instance or in the new home of the food. In the transactions on future foods they will have the quality of ministers of faith, in addition to those mentioned in other legal provisions, the Chief Lawyers or Coordinators of the Consultoires of the respective Corporation of Judicial Assistance, for the sole purpose of authorizing the signatures to be affixed in their presence. The judge will only be able to give his approval to the future food transactions, referred to in Article 2,451 of the Civil Code, when the date and place of payment of the pension will be pointed out, and the amount agreed will not be lower than the established in Article 3 of this Law. The mention of the date and place of payment of the pension will also be necessary for the court to approve the avenities on future foods. Unless otherwise provided, in the case of a feeder which is dependent, the judge shall order the employer to pay the pension agreed upon by the employer. This payment method will be enacted, without further processing, since the feeder does not comply with the agreed food obligation. " 8) Transfer Article 8 as new Article 12. (9) To replace Article 9, which becomes 8th, by the following: " Article 8.-Judicial decisions ordering the payment of a alimony by a dependent worker shall establish, as payment method, the retention by the employer. The court order which so directs shall be notified to the natural or legal person who, for his own account or for employment or in the performance of a job or a job, must pay the feeder his salary, salary or any other benefit in money, in order to retain and deliver the sum or periodic instalments fixed in it directly to the food, to its legal representative, or to the person whose care it is. The notification of the decisions referred to in the preceding paragraph shall be made by registered letter, with testimony to the file that the person was notified by this means, of the date of delivery of the letter to the post office, the individualisation of that office and the number of vouchers issued by it, which shall adhere to the file following the testimony. The notification shall be deemed to be carried out on the fifth working day following the date referred to above. If the registered letter is returned by the post office because it has not been able to deliver the letter to the addressee, it will adhere to the file. The dependent defendant may ask the judge, for a single time, in any state of the judgment and prior to the judgment of the judgment, to replace, by another means of payment, the retention by the employer. The respective application shall be processed as an incident. In the event of reception, the payment method shall be subject to the condition of its full and timely compliance. If there is non-compliance, the judge, on his own initiative, and without prejudice to the penalties and awards which are relevant, shall order that the decretada alimony be paid in accordance with the first subparagraph. " 10. 10, which becomes 7th, and replace its third indent with the following: " When the alimony is not fixed in a percentage of the income of the feeder, neither in minimum income, nor in other readjustable values, but in a given sum, This will be adjusted semi-annually according to the increase the Price Index has experienced. Consumer fixed by the National Institute of Statistics, or the body which does its own times, from the month following the month in which the decision determining the amount of the pension was implemented. " 11) Reemp Article 11, which becomes 9th, is as follows: " Article 9.-The judge may decree or approve that the payment of the pension shall be attributed, in part or in full, to the benefits determined by the feeder on the occasion of the education, health, housing, food, clothing, recreation or other food needs. The judge may also fix or approve that the alimony is wholly or partially imputed to a right of usufruct, use or room on goods of the feeder, who will not be able to dispose of them or to tax them without authorization from the judge. If it were a root cause, the judicial resolution will serve as a title to register the actual rights and the prohibition of the enajenar or tax on the corresponding records of the Real Estate Conservative. The food itself may be required by these inscriptions. The establishment of the said actual rights shall not prejudice the creditors of the feeder whose claims have a cause prior to registration. In such cases, the user, the user and the person enjoying the right of room shall be exempt from the obligations laid down for them by Articles 775 and 813 of the Civil Code, respectively, being only obliged to make a simple inventory. The rules of Articles 819, first paragraph, and 2466, third indent, of the Civil Code shall apply to the user. Where the food spouse has the right to request, for himself or for his minor children, the establishment of a usufruct, use or room in accordance with this Article, he may not request that provided for in Article 147 of the Civil Code in respect of goods themselves. The non-payment of the pension thus decreed or agreed will make the feeder to the prizes established in this law and, in the case of the right of room or usufruct relapsed on buildings, will be incurred in those awards even before they have been (a) the entry referred to in the second subparagraph of Article 12 (12), which becomes 10, the following second indent: " It shall in particular order it if there is a well-founded reason to believe that the feeder shall be absent from the country. As long as he does not give up the orderly course, which shall consider the estimated period of absence, the judge shall decree the root of the feeder, which shall be without effect by the constitution of the course, and the judge must immediately communicate this fact to the the same police authority to which the order was issued, without further processing. "13) Reposition Article 13 by the following:" Article 13.-If the natural or legal person who is to make the retention referred to in Article 8, disobeys the the court order, it will incur a fine, for tax benefit, equal to double the amount (a) to be retained, which is not to be taken for the purpose of being issued against or against the feeder of the relevant implementing order. The fine will be briefly and summarily decreed by the court he knew of the food trial in the first or only instance, and the resolution that will impose it will have executive merit once executed. The employer must give the court of the term of the employment relationship with the feeder. In the event of non-compliance, the court shall determine the liability of the court in the event and shall, if appropriate, apply the penalty provided for in the preceding points. The notification referred to in Article 8 shall express that circumstance. If the payment of the replacement allowance from the advance notice referred to in Articles 161 and 162 of the Labour Code is appropriate, it shall be the duty of the employer to retain the sum equivalent to the food pension of the month following the end date of the employment relationship, for payment to the food. Also, if the compensation for years of service referred to in Article 163 of the Labour Code is derived, or is agreed upon voluntarily, the employer shall be obliged to withhold from the total of such compensation the percentage which corresponds to the amount of the food pension in the monthly income of the worker, in order to make the payment to the food. The feeder may, in any event, impute the amount withheld and paid to future pensions payable. ' 14) Replace Article 14, which becomes 20, by the following: " Article 20.-Without prejudice to the establishment of jurisdiction in the If you are aware of the case, the rules laid down in this law will apply to foods that are requested incidentally in the trials on domestic violence, claim of affiliation, separation of goods, divorce and in general, in any other procedure in which the law expressly provides for (15) Reposition Article 15, which becomes 14, by the following: " Article 14.-If food has been decreed by a decision which causes enforcement in favour of the spouse, the parents, the children or the adopted person, the The court which issued the judgment shall, at the request of a party or of its own motion and without further processing, impose on the debtor as a measure of his or her obligation in the agreed or orderly manner or have ceased to pay one or more shares. Award, night arrest between twenty-two hours of each day up to six hours the next day, up to 15 days. The judge may repeat this measure until the full payment of the obligation is obtained. If the feeder infringes the night arrest or persists in the failure to comply with the food obligation after two periods of night arrest, the judge may press him with arrest for up to 15 days. In case of new awards, you can extend your arrest for up to 30 days. For the purposes of the above, the court that will dictate the award will order the public force to drive the feeder directly to the Gendarmerie of Chile, in order to comply with it. If the feeder is not present at the address in the proceedings, the judge shall take all necessary steps to make the award effective. In the event that two or more awards are required for the non-payment of the same fees, the overdue maintenance payments shall bear the current interest between the due date of the respective quota and that of the actual payment. In the situations referred to in this article, the judge shall also order an arrest warrant against the feeder, which shall remain in force until the payment of the payment is made. For these purposes, the orders for the award and the rootstock will express the amount of the debt, and you will be able to receive validly the payment of the police unit that will fulfill them, and must deliver proof to the debtor. This provision shall also apply in the case of the rootedness referred to in Article 10. If the feeder justifies before the court that it lacks the means necessary for the payment of his or her alimentary obligation, the award and the establishment may be suspended, and the provisions of the fourth indent shall not apply. Such a decision may be taken by the court, of its own motion, at the request of a party or of the Gendarmerie of Chile, in the case of sickness, invalidity, pregnancy and puerperium taking place between six weeks before the birth and 12 weeks after the birth, or extraordinary circumstances which prevent the award of the award or make it extremely serious. "16) Incorporate the following Article 15, new:" Article 15.-The award governed by the preceding article shall apply to the one, being obliged to provide food to the persons referred to in that provision, put an end to the employment relationship by voluntary resignation or mutual agreement with the employer, without justified cause, after the notification of the claim and lack of income which is sufficient to be able to fulfil the food obligation. 17. Articles 16 and 17 shall be deleted. (18) Reposition Article 19 by the following: " Article 19.-If I have found in the file that against the feeder has been decreed twice any of the awards referred to in Article 14, it shall, where appropriate, proceed to the court of The following shall be the case at the request of the holder of the respective action: 1. Decretar the separation of property of the spouses. 2. To authorize the woman to act in accordance with the provisions of the second paragraph of Article 138 of the Civil Code, without it being necessary to prove the harm referred to in that paragraph. The circumstance referred to in the foregoing paragraph shall be specially considered in order to resolve: (a) the authorization for the departure of the country of the minor children. (b) The lack of contribution referred to in Article 225 of the Civil Code. (c) the judicial emancipation for the abandonment of the child referred to in Article 271 (2) of the Civil Code. " Article 2.-The following amendments to the Civil Code: 1) Reposition Article 232 by the following: " Article 232. The obligation to feed the child who has no property passes, due to the lack or inadequacy of both parents, to their grandparents, to one and another line together. In the event of the inadequacy of one of the parents, the obligation indicated above shall first pass to the grandparents of the line of the father or mother who does not provide; and in allowance of these to the grandparents of the other line. " 2) First of Article 327 of the Civil Code, the word "may" for the word "shall". Article 3.-Replace Article 147 of the Organic Code of Courts by the following: " Article 147.-It shall be a judge competent to know of the food demands of the domicile of the food or food, at the choice of the latter. Of the requests to cease, increase or reduce the pension decreed, you will know the judge who decreed the pension. " Article 4.-Enter the following m Law No. 16,618, Minor Law: 1) Replace Article 26, number 2, by the following: " 2) Know of the food demands and requests for reduction, increase or cessation of the alimony which are due to minors, to the spouse of the feeder when the latter requests them together with their minor children, or older relatives and minors who jointly claim them, even if they have acquired the majority of age pending judgment. " 2) Introduces in Article 26 a new number 8, passing the current to be 9 and so on: " 8) Know of the management of summons to confess paternity or maternity set out in Article 188 of the Civil Code when applied for in favour of a minor child. "3) Replace in Article 27 the numeral" 15 "by the numeral" 14 ". 4) Replace in article 35, third indent, the numeral "9th" by the numeral "8th". Article 5.-Add in article 32 of Law No 4,808, on Civil Registry, the following final point: " In addition, the Civil Registry Officer shall make known in writing to the mother or to the person who enrolls a child of filiation the rights of the children to claim the legal determination of paternity or maternity and the way to make them stand before the courts. " Transitional Article.-The judgments on foods which have been initiated prior to the validity of this law shall continue to be substantial, until the final judgment is given, in accordance with the procedure in force at the time of notification of the the demand. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 5 July 2001.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Antonio Gómez Urrutia, Minister of Justice.-Adriana Delpiano Puelma, Minister Director of the National Women's Service. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Arellano Quintana, Assistant Secretary of Justice. Constitutional Court Draft law amending Law No. 14,908 on abandonment of family and payment of food pensions The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill of the law enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality in respect of articles 1, numbers 1, 2, 7, 14 and 18; 3rd and 4th, numbers 1 and 2, and by judgment of 20 June 2001, I declare them constitutional. Santiago, June 21, 2001.-Rafael Larraín Cruz, Secretary.