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INTRODUCES AMENDMENTS TO THE CODE OF CIVIL PROCEDURE IN THE FIELD OF NOTIFICATIONS

Original Language Title: INTRODUCE MODIFICACIONES AL CODIGO DE PROCEDIMIENTO CIVIL, EN MATERIA DE NOTIFICACIONES

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INTRODUCES AMENDMENTS TO THE CODE OF CIVIL PROCEDURE, IN THE FIELD OF NOTIFICATIONS Having regard to the fact that the National Congress has given its approval to the following P r o y c t o d e L e y: "Single article". amendments to the Code of Civil Procedure: 1. Substitute Article 41 by the following: " Article 41.-In places and places of free public access, personal notification may be made on any day and at any time, cause the least possible nuisance to the notified. In the case of executive judgments, the order for payment may not be made in public and, if the application has been notified in a place or place of free public access, it shall be within the meaning of Article 443 (1). In addition, the notification may be made on any day, between six and twenty-two hours, in the dwelling place or place where the notified person or at the place where he is ordinarily exerts his industry, profession or employment, or in any premises the private sector in which it is located and to which the minister of faith is allowed access. If the notification is made on a non-working day, the time-limits shall begin to run from the zero hours of the following working day immediately, and if it has been carried out outside the commune where the court operates, the time limits shall be increased in the form established in Articles 258 and 259. Likewise, the office of the secretary, the house serving for the office of the court, and the office or office of the minister of faith who practice the notification are places to practice the notification. The judges may not, however, be notified at the premises in which they carry out their duties. ' 2. 2. Replace the second indent of Article 43 by the following: " The certification must also indicate the date, time and place where the notification and, if it has been done in a personal manner, specify the manner or means with which the minister of faith has verified the identity of the notified person. " 3. Replace Article 44 by the following: " Article 44.-If sought in two different days in your room, or in the place where you habitually exercise your industry, profession or employment, it is not in the case of the person to whom you must be notified, she is in the place of judgment and what is her dwelling place or place where she exercises her industry, profession or employment, sufficient to check these circumstances the due certification of the minister of faith. The court shall order that the notification be made by giving the copies referred to in Article 40 to any adult person who is in the dwelling place or at the place where the person to be notified exercises his or her industry, profession or employment. If no one is there, or if for any other cause it is not possible to deliver such copies to the people who are in those places, it will be fixed on the door a notice that of news of the demand, with exact specification of the parts, matter of the cause, judge who knows in it and the resolutions that are notified. If the dwelling place or the place where it stays or the place where it habitually exercises its industry, occupation or employment, is in a building or enclosure to which free access is not allowed, the notice and the copies will be delivered to the keeper or manager of the building or enclosure, leaving express testimony of this circumstance. " 4. Add in article 58 the following second indent: " In those places where there is no judicial receiver, the notification may be made by the Public Notary or Civil Registry Officer that exists in the locality. In any event, the judge may always appoint an employee of the court as an ad hoc minister of faith for the sole purpose of practising the notification. "". And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, April 15, 1995.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Maria Soledad Alvear Valenzuela, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., Eduardo Jara Miranda, Assistant Secretary of Justice.