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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 677
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF SALVADOR,
CONSIDERING:
I.-That Article 32 of the Constitution of the Republic recognizes the family as the fundamental basis of society and imposes the duty to dictate the legislation
necessary for its protection, integration, welfare and social, cultural and economic development;
II. Article 271 of the Treaty, it is an impostable duty to harmonize, in particular with its provisions, secondary legislation, and it is clear that this agreement is particularly necessary and indispensable in
regulation contained in the Civil Code dating back to the year of 1860;
III.-It also appears to be an obligation that cannot be deferred, to harmonize internal legislation in the family and minors, with that contained in the treaties and international conventions ratified, constitutionally of greater hierarchy than the first, to avoid the possibility of the concurrency of
different rules on the same subject, with the detriment of the legal certainty and certainty; and
IV.-That it is convenient to regulate especially in the family matter, the reference to minors and persons of the third age, with the exception of the special legal status of minors referred to in Article 35 of the Constitution of the
Republic;
BY TANTO,
in use of their constitutional powers and Initiative of the President of the Republic by the Minister of Justice and Deputies Raul Manuel Somoza Alfaro and Marcos Alfredo Valladares Melgar,
DECRETA: the following,
FAMILY CODE
PRELIMINARY TITLE
OBJECT OF CODE
Art. 1. This Code establishes the legal regime of the family, minors and persons of the third age, and consequently regulates the relations of its members and of those with the society and with the state entities.
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The rights and duties governed by this Code, do not exclude those granted and impose other laws on special subjects and family solidarity.
CONCEPT OF FAMILY
Art. 2. The family is the permanent social group, constituted by marriage, non-marital union or kinship.
PROTECTION OF THE FAMILY
Art. 3.-The State is obliged to protect the family, seeking their integration, welfare,
social, cultural and economic development.
GUIDING PRINCIPLES
Art. 4.-The unity of the family, equality of rights of men and women, equal rights of children, the integral protection of minors and others incapable, of the persons of
the third age and of the mother when it is the only one responsible for the home, are the principles that especially inspire the provisions of this Code.
UNRENUNCIATION and Indoseleability
Art. 5.-The rights established by this Code are indispensable, except for legal exceptions, and the duties it imposes, inselectable; any statement to the contrary will be unwritten.
RIGHT TO CONSTITUTE FAMILY
Art. 6.-Everyone has the right to constitute their own family, in accordance with the law.
MARRIAGE PROMOTION
Art. 7.-The State shall encourage marriage. The actions that they will carry out, will be coordinated through the Attorney General's Office; they will be oriented to the creation of bases
firm for the stability of the marriage and the most effective fulfillment of the duties
INTERPRETATION AND APPLICATION
Art. 8. The interpretation and application of the provisions of this Code must be in harmony with its guiding principles and the general principles of Family Law, in the form
that better guarantee the effectiveness of the rights established in the Constitution of the Republic and in international treaties and conventions ratified by El Salvador.
INTEGRATION
Art. 9. The cases not provided for in this Code shall be settled on the basis of the provisions of this Code for similar situations; where it is not possible to determine in such a manner the applicable law,
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may be used in other laws, but always attending to the The nature of Family Law; failing these, the matter will be resolved by considering the principles of Family Law and
in the absence of these, for reasons of good sense and equity.
EXTRATERRITORIALITY
Art. 10.-The national, however, his residence or domicile in a foreign country, is subject to the provisions of this Code, as regards the state of the persons and the obligations and rights that
are born of family relations.
Children and seniors, of Salvadoran nationality, residing in the
foreign national, will also be subject to the provisions of this Code as to their protection and assistance.
BOOK FIRST
FAMILY CONSTITUTION
TITLE I
MARRIAGE
CHAPTER I MARRIAGE CONSTITUTION
CONCEPT OF MARRIAGE
Art. 11. Marriage is the legal union of a man and a woman, in order to establish a
full and permanent community of life.
MARRIAGE CONSTITUTION
Art. 12.-Marriage is constituted and perfected by the free and mutual consent of the contrayents, expressed to the authorized official, celebrated in the form and with the other requirements
established in this Code; is understood to be contracted for the life of the contrayents and has had effects since their celebration.
AUTHORIZED OFFICIALS
Art. 13.-Officials empowered to authorize marriages within the entire national territory
are the Attorney General of the Republic and the notaries; and within their respective territorial constituencies are the Governors Departmental Politicians, Municipal Mayors and Departmental Auxiliary Attorneys.
The Heads of Permanent Diplomatic Mission and the Carrera Consuls in the place where they are accredited, will be able to authorize marriages between (a) Salvadorans, subject to the provisions of this Code.
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CHAPTER II IMPEDIMENTS AND SPECIAL RULES FOR CONTRACTING MARRIAGE
ABSOLUTE IMPEDIMENTS
Art. 14.-They may not marry:
1o) Those under eighteen years of age;
2o) Those linked by marriage bond; and,
3o) Those who do not find themselves in the full use of their reason and those who cannot express their consent to
Notwithstanding the provisions of the ordinal first of this article, those under the age of eighteen may be married if they are either pubescent, have already a common child, or if the woman is pregnant.
IMPEDIMENTS RELATIONS
Art. 15.-They may not marry each other:
1o) Relatives by consanguinity to any degree of the straight line or siblings;
2o) The adopter and his or her spouse with the adopted or with some descendant of it; the adopted with the ascending or descendants of the adopter, or with the adopted children of the same adopter; and
3o) The convict as an author or accomplice of the intentional homicide of the spouse of the other. If there is a pending trial for the aforementioned offence, the celebration of the
marriage will not proceed until the final judgment or final judgment is delivered.
SPECIAL RULE FOR THE GUARDIAN
Art. 16.-The guardians may not marry their pupils, while the accounts of their administration have not been approved judicially and paid the balance that will result against them.
This prohibition extends to the ascendants, (b) Descendants and brothers of the guardors.
Guardians who violate this prohibition or allow it to be infringed, shall lose the remuneration
to which they are entitled, without prejudice to the liability of the guardors. job performance.
SPECIAL RULE IN CASE OF NEW MARRIAGE
Art. 17.-The woman whose marriage has been dissolved or cancelled, may contract new nuptials, immediately after the respective sentence is executed, provided that she finds that she is not pregnant.
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However, what is set out in this article will not apply when the spouses have been separated for more than three hundred days or the divorce has been decreed by absolute separation.
SPECIAL RULE for Minors
Art. 18.-Those under the age of eighteen who may be married under this Code must obtain the express consent of the parents under whose parental authority they are to be found. If one of them is missing, the other's consent will suffice; but both, the higher-grade ascendants
be calledpreferring those with whom the child lives. In the parity of votes, the favorable to the marriage is preferred.
When the child is subject to guardianship and does not have ascendants, the consent shall be given by his guardian; and if he is an orphan, abandoned, or of unknown parentage, he shall require the assent of the Attorney General of the Republic.
CAUSES JUSTIFYING DISSENT
Art. 19.-The refusal of consent for a child to marry, shall only be justified when any of the following causes:
1a) Existence of any of the impediments or bans for marriage;
2a) Licentious life, or passion for prohibited games or fondness for the use of drugs, narcotic drugs or hallucinogens, or habitual drunkenness;
3a) Having been deprived of parental authority, by executed sentence in a criminal or family process;
4a) Padecar disease danger of the life or health of the child or of his or her offspring.
The assent may also be denied for not having any of the two current economic means for the competent performance of the responsibilities of the marriage.
negative is unjustified, the judge will give authorization to the child's request.
SANTION
Art. 20.-The marriage held in contravention of the provisions laid down in Articles 16, 17 and 18 of this Code shall cause the authorizing officer to be subject to the sanctions established in the
laws of matter.
Contrary to the notary or the contrayente greater than eighteen years of
age, the fine will be up to a thousand colons, which the judge will impose upon having knowledge of the infraction.
CHAPTER III CELEBRATION OF THE MARRIAGE
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PREMARITAL ACT
Art. 21.-The persons intending to marry shall express the opinion of the authorized official, who, after reading and explaining Articles 11, 12, 14, 15, 16, 17, 18, 41, 42, 48, 51 and 62 of this Code, shall receive them in the minutes, affidavit about their intention to contract it and that they do not have
legal impediments and are not subject to any prohibition.
In that act the name, age, family status, nationality, profession or trade,
domicile or place of business the birth of each of the contrayants, as well as the name, profession or office of his or her parents, the estate regime if they have already agreed, the last name the woman will use when they marry, and if any, the names of the children they will recognize in the marriage act.
The applicants will present their identity documents and the certificates of their birth certificates, which must have been issued within two months prior to the request,
adding the last to the marriage file, which starts with the indicated record.
CHILD IDENTIFICATION AND APPEARANCE
Art. 22.-Those under the age of eighteen who lack identity documents, if they are not known to the authorizing officer, will be identified by two witnesses and will appear
accompanied by those who must give the consent, of the which shall be recorded in the minutes referred to in the previous Article. The assent may also consist of an authenticated public or private instrument that will be added to the marriage file.
SPECIAL DOCUMENTS
Art. 23.-The interested parties, in their respective cases, must also submit to be added to the marriage file, the following documents:
1o) The legal instrument in which the average age is recorded;
2o) Certification of the departure of death of who was your spouse;
3o) Certification of the divorce item or the executed judgment declaring the marriage void;
4o) Certification of the birth certificates of the common children to be recognized;
5o) Medical constancy extended by a public health entity, with which it is established that the woman under the age of eighteen is pregnant, or is not the woman who is going to contract new nuptials, if it is found in the case of Article 17;
6o) Certification of the executed judgment approving the keeper's accounts and where applicable, the receipt where the payment of the balance resulting against it is authentically recorded; and,
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7o) Legalized document where the special power for marriage is recorded.
MARKING FOR THE CELEBRATION
Art. 24.-The official authorship of the legal aptitude of the contrayentes, and that not
is in contravention of any prohibition, shall proceed immediately to the celebration of the marriage or will agree with the interested parties the place, day and hour for it,
COMPLAINT OF IMPEDIMENTS
All days and hours are business for the celebration of marriage.
COMPLAINT OF IMPEDIMENTS
Art. 25.-If any person denounces any legal impediment or prohibition to marry, the authorizing officer will not proceed to their celebration and with news of the interested parties
will forward the marriage file to the judge, in order to to resolve the complaint.
WITNESSES AND SECRETARY
Art. 26. Marriage shall be held with the participation of at least two witnesses over eighteen years of age, who know how to read and write the Spanish language and who know the contrayants.
They may not be witnesses to the marriage of the dements, the the blind, the deaf, those convicted of crimes of falsehood, against the patrimony, or against the legal assets of the family, not rehabilitated, nor the relatives within the fourth degree of consanguinity or second of affinity, or for the adoption of any
of the contrayents or the authorizing officer.
The Attorney General of the Republic, the departmental political governors, the Mayors
Municipal and the Departmental Auxiliary Attorneys, will act with their respective Secretary.
CELEBRATION OF MARRIAGE
Art. 27.-The act of the celebration of the marriage shall be public and the authorizing officer shall take care to give him the solemnity that he himself requires. It will begin by letting the contrayents and witnesses know
the object of the meeting, will make special mention of the equality of rights and duties of the spouses, of their responsibility to the children, and will exhort the contrayents to preserve the unit of the family. Article 11, 12, 14, 15, 16, 17, 18, 36 and 39 will be read.
Fulfilling the previous formalities and calling each of the contrayents by name, will ask you if you want to join in marriage with the other; Questioned "YES, WHO".
Received the consent of both contrayentes, the authorizing officer will direct the following words: " ON BEHALF OF THE REPUBLIC, THEY ARE SOLEMNLY UNITED IN MARRIAGE AND ARE OBLIGED TO KEEP FIDELITY AND TO ASSIST MUTUALLY IN ALL CIRCUMSTANCES
OF THE LIFE, " which will end the event.
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MARRIAGE INSTRUMENT
Art. 28.-Everything acted in accordance with the foregoing Article shall be entered immediately in the Book of Matrimonial Proceedings, to be carried by the authorizing officers or in the deed to be formalized by the notary; instruments to be signed by the spouses, witnesses, the authorizing officer
and the respective secretary, if any, the interpreter.
In the matrimonial instrument, the property regime that has been agreed to
shall be recorded or in the absence of agreement on the same, which will be applied as a substitute; the surname used by the woman; and the recognition of common procreated children.
ACTS THAT FOLLOW THE CELEBRATION
Art. 29.-The official shall deliver to the contrayents the certificate of the minutes and the notary
testimony of the deed, and shall place in the documents of personal identity of those a signed and sealed reason, in which they have contracted marriage, the name of the person with whom it was contracted, and the place and date of their celebration.
A certificate of the marriage certificate or the respective deed will be added to the marriage file.
Within fifteen days Following the conclusion of the marriage, the authorising officer shall send the person in charge of the Register of the State of the Family of the place where the person was held, if he himself is not, certification of the act or testimony of the deed, so that he may immediately attend
the departure of marriage, inscribe the patrimonial regime which is have agreed or are legally responsible in their case and make the corresponding marginal annotations if the birth items of the contrayants are settled there. If they are settled elsewhere, you must submit
within the same time period to the relevant person in charge of the Family State Register, another certification or testimony to practice the marginal annotation.
If any recognised children, the authorising officer, within the same period referred to in the previous subparagraph, shall forward to the person in charge of the Register of the State of the place where the consignments of birth of those, certified or certified testimony, to be obtained from
compliance with the Natural Person Name Act.
MARRIAGE BY POWER
Art. 30.-Marriage may be held by proxy with special power, granted
in public deed or in another authentic instrument, according to the law of the place of the grant, in which the name, nationality, state family, profession or trade, domicile or residence, place of birth of the other contracting party and any other data contributing to its full identification. Also
the generals of the proxy must be expressed.
The power to contract marriage, also shall be understood as conferring to grant the premarital act, to render the oath that in it is entered and, in general, to carry out any other
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act or process required to celebrate it. To opt for the estate regime, determine the last name the woman will use and recognize children, special clause will be required.
VALIDITY, RECALL AND WITHDRAWAL
Art. 31. The power to marry shall be valid for three months from the date of its award.
The revocation of the power and the withdrawal of the power of his intention to marry shall take effect since they are expressed. in authentic form.
MARRIAGE IN ARTICLE MORTIS
Art. 32.-The conclusion of the marriage may be carried out without the certificates being presented
referred to in the third indent of Article 21 or the documents listed in Article 23, of which the danger of death is imminent, provided that there is no ostensible impediment that makes it illegal and that the consent of the contrayants is clearly expressed. The deed or record
will indicate the circumstance of having celebrated the marriage in imminent danger of death.
THOSE WHO DO NOT EXPRESS THEMSELVES IN SPANISH
Art. 33.-When any of the contrayents do not understand the Spanish language, they will be assisted by interpreter for the celebration of the marriage and for the acts prior to it, and the official
will record what the interpreter expresses in Spanish. If the official and the witnesses understand the language of the contract, the interpreter may be dispensed with unless he or she prefers to do so. In any case, the contrayent will formulate in its own language a minute of what it expresses to the official, the
will translate this or the interpreter in its case.
If one of the contrayents can only be understood by specialized language,
intervene, to assist you in each of the acts mentioned, a person who understands it, and the interpretation of what the contrayente expresses, must be entered under oath in a minute.
The translations and minutes are add to the marriage file, and must be signed by the official, the contractor and the interpreter, if any.
GRATUITY AND EXEMPTION
Art. 34.-All proceedings, certifications and testimonials relating to marriage shall not cause
any lien.
Authorizing officers shall not become emoluments for the marriages they hold,
or for the proceedings which
The notaries will be able to earn conventional fees.
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SANTION
Art. 35.-Officials who do not immediately refuse to hold a marriage or delay their celebration will incur the penalties laid down in the law of the Matter.
TITLE II
PERSONAL AND PROPERTY RELATIONS BETWEEN SPOUSES
CHAPTER I
PERSONAL RELATIONSHIPS
EQUAL RIGHTS AND DUTIES
Art. 36. The spouses have equal rights and duties; and for the community of life that is established between them, they must live together, keep fidelity, assist in all circumstances, and deal with
respect, tolerance and consideration.
The spouses ' duty to live together is not infringed, when they have to separate to avoid serious harm to either of them or to their children, or when by any
special circumstances that result in benefit of the interests of the family, qualified by common agreement, one of the spouses having to temporarily reside outside the common residence.
RESIDENCE AND OTHER DOMESTIC MATTERS
Art. 37.-The spouses shall jointly set the place of their residence and regulate by common
all domestic matters.
FAMILY EXPENSES
Art. 38.-The spouses must pay in proportion to their economic resources, the expenses of the family. If one of them does not have any goods or any of the emoluments, the performance of the work
of the household or the care of the children shall be estimated as their contribution to such expenses, with the same meaning as the contributions of the other.
Yes one of the spouses, for non-compliance of the other one has been forced to incur debts to cover the costs of the family, this will be jointly and severally liable for their payment. The judge, in this case, may moderate the amount of the expenses, taking into account the family's living conditions and the
reasonableness of the expenses.
COOPERATION
Art. 39.-None of the spouses may limit the right of the other to carry out lawful activities or to undertake studies or to improve knowledge, and for this purpose cooperation and assistance must be provided, taking care to organise life in the home, so that such activities, perfecting or
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studies do not prevent the fulfillment of the duties that this Code imposes on them.
Home and child care work will be the responsibility of both spouses.
CHAPTER II MARRIAGE ESTATE REGIME
SECTION FIRST GENERAL PROVISIONS
CONCEPT
Art. 40.-The rules governing the economic relations of the spouses to each other and to third parties,
constitute the patrimonial regime of the marriage.
CLASSES OF REGIMES
Art. 41.-The property regimes that this Code establishes are:
1o) Separation of goods;
2o) Participation in earnings; and,
3o) Deferred Community.
REGIME OPTION
Art. 42. Prior to the conclusion of the marriage, the contrayants may choose either of the property regimes referred to in the previous article or to make a separate one that does not contradict
the provisions of this Code. If they do not, they will be subject to the deferred community.
EFFECTIVENESS OF THE REGIME
Art. 43.-The patrimonial regime will produce effects among the contrayents immediately after the marriage or since the capitulations are awarded, and in front of third parties, from their
corresponding inscription.
OR REPLACE
Art. 44.-The spouses may by common agreement, and at any time, modify or replace the regime they have adopted, as well as the supply, prior to the dissolution and liquidation of the
existing regime, where applicable, which take effect between the spouses since it is modified or replaced, and in front of third parties since their registration.
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DISSOLUTION OF THE REGIME
Art. 45. The property regime of the marriage is dissolved by the declaration of nullity or the dissolution of the marriage, by judicial declaration or by agreement between the spouses. It will take effect between the spouses immediately and in front of third parties from their registration.
PROTECTION TO FAMILY HOUSING (8)
Art. 46. SPOUSES, WHATEVER THE PROPERTY OF THE MARRIAGE, MAY CONSTITUTE THE RIGHT OF ROOM FOR THE FAMILY GROUP IN A GIVEN BUILDING, OR IN A PART THEREOF, IF IT IS AN EASY DIVISION. THE ENAJENATION AND
CONSTITUTION OF REAL OR PERSONAL RIGHTS ON THE BUILDING THAT SERVES AS A ROOM FOR THE FAMILY NEEDS THE CONSENT OF BOTH SPOUSES, AND IT WILL BE POSSIBLE TO CARRY OUT ALWAYS AND WHEN IT BENEFITS DIRECTLY TO THE FAMILY GROUP, SO PENALTY FOR NULLITY.
THE RIGHT REFERRED TO IN THE FOREGOING PARAGRAPH MAY BE CONSTITUTED IN PUBLIC DEED, OR IN THE ACT BEFORE THE ATTORNEY GENERAL OF THE REPUBLIC, THE OR THE
AUXILIARY PROCURATORS WHICH MAY BE DELEGATED BY THAT PERSON, THE FAMILY JUDGES AND THE OF PAZ. THESE INSTRUMENTS MUST BE ENTERED IN THE REGISTER OF THE ROOT PROPERTY AND MORTGAGES.
IF THE IMMOVABLE PROPERTY FOR THE USE OF FAMILY HOUSING IS TAXED, THE CONSTITUTION OF THE RIGHT OF ROOM SHALL HAVE ITS EFFECTS, BUT THE RIGHTS AND PRIVILEGES DERIVED FROM THE MENTIONED LEVIES AFFECTING THE PROPERTY SHALL BE RESPECTED. IMMOVABLE,
WHENEVER THE PROVISIONS OF THE FIRST PARAGRAPH OF THIS ARTICLE HAVE BEEN FULFILLED, THE INSTRUMENT IN WHICH THE LIEN IS RECORDED SHALL BE ENTERED OR BE FILED FOR THAT PURPOSE IN THE REGISTRATION OF THE ROOT PROPERTY AND MORTGAGES CORRESPONDING,
INCLUSIVE WHEN IT IS A PREVENTIVE ANNOTATION. THE REPLACEMENT OF THE PROPERTY CONCERNED SHALL ALSO BE EFFECTED BY MUTUAL AGREEMENT OF THE SPOUSES AND IN THE MANNER PROVIDED FOR IN THIS ARTICLE.
WHEN YOU CANNOT OBTAIN THE CONSENT OF ONE OF THE SPOUSES, THE JUDGE OR THE JUDGE AT THE REQUEST OF THE OTHER, MAY AUTHORIZE THE DESTINATION, THE DISPOSAL, THE
CONSTITUTION OF REAL OR PERSONAL RIGHTS OR THE SUBSTITUTION, DEPENDING ON WHETHER OR NOT THE CASE, ATTENDING TO THE INTEREST OF THE FAMILY GROUP. (8)
MARRIAGE HELD ABROAD
Art. 47.-The spouses who will celebrate their marriage abroad and who establish their domicile
in El Salvador or have property in the country, may choose any of the property regimes established in this Code or otherwise, provided that it does not contravene the Salvadoran laws.
SECTION SECOND SEPARATION OF GOODS
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FEATURES
Art. 48.-In the system of separation of goods each spouse retains the property, administration and free disposition of the goods which he has in his marriage, from which he acquires during him any title and the fruits of each other, except as provided in Article 46.
SEPARATION CASES
Art. 49.-There will be separation of goods:
1o) When the spouses have opted for this regime; and,
2o) When the dissolution of the profit-sharing scheme, the dissolution of the deferred community or of the any other
community, and the spouses would not have opted for another regime.
PRESUMPTION OF CO-OWNERSHIP
Art. 50.-In case of not being able to check which of the spouses belongs some good, they will be presumed to be co-owners equally.
SECTION THIRD PROFIT PARTICIPATION REGIME
CHARACTERISTICS
Art. 51.-In the participation scheme, each spouse acquires the right to participate
in the earnings obtained by his or her spouse, during the time the spouse has been in force.
ADMINISTRATION
Art. 52. Each spouse is responsible for the administration, enjoyment and free disposition of both the goods that belonged to him at the time of his marriage, and what he can acquire
after any title.
PROINDVISION
Art. 53.-If the spouses jointly acquire some good, they will belong to them according to the rules of the proindivision.
JUDICIAL DISSOLUTION
Art. 54.-One of the spouses may be asked to dissolve the scheme and its liquidation in the following cases:
1o) For the insolvency or danger of insolvency in which the other has incurred,
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2o) When the other spouse is declared incapable, absent, bankrupt, or contest of creditors or convicted of non-compliance with the family duties of assistance
economic,
3o) For performing the other, devices or management acts that are fraudulent or that
irrogate damage or danger to their rights in earnings; and,
4o) If the other has abandoned it.
Any of the spouses may request the dissolution and settlement of the proceeds, if both have been separated for six consecutive months at least.
In all such cases the preventive annotation of the claim may be requested; and the judicial termination of the scheme, shall be produced from the date on which it is decreed, in respect of the
spouses and against third parties from the time of their registration.
DETERMINATION OF PROFITS
Art. 55.-Profits shall be determined by the differences between the initial and final assets of each spouse. If the result is positive in the two heritages, the spouse who has experienced less increase in his, will be entitled to half of the difference between both
increments.
When only one of the assets has been increased during the existence of the regime,
the holder of the other will be entitled to half of that increase.
INITIAL AND FINAL ASSETS
Art. 56.-The initial patrimony is constituted by the goods belonging to each spouse at the beginning of the regime and by the ones acquired after a free title, with deduction of the obligations that
had at that time.
The patrimony final is the property owned by the spouses at the time of
the termination of the scheme, with deduction of the insolute obligations, plus the inclusions referred to in Article 58.
EQUITY ESTIMATE START
Art. 57.-Goods constituting the initial patrimony shall be estimated according to the state and value
that they have at the time of the initiation of the regime or, if applicable, according to the value they have in the time they are acquired.
INCLUSIONS TO THE FINAL HERITAGE
Art. 58.-The value of each spouse's final assets shall include the assets of which he or she was entitled to a free title by act between the living. The value of the credits will also be included
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that one of the spouses has against the other, for any title.
is applicable to acts verified by one of the spouses in fraud of the other's rights.
ESTIMATE OF THE FINAL ESTATE
Art. 59.-Goods constituting the final patrimony shall be estimated according to the state and value that
has at the time of the termination of the scheme.
The goods shall be considered free or fraudulently, according to the state that had
the day of the disposal and the value they would have if they were preserved until the day of termination.
FORM OF PAGO
Art. 60.-The participation in the proceeds shall be paid immediately after the settlement of the scheme.
In the absence of an agreement regarding the payment of the participation in the proceeds, the judge may award the goods to each spouse in order to cancel his or her the share of the share of the profits and may at the justified request of the creditor, order the sale in public auction of the property of the spouse
debtor, so that with its product the quota of participation in the earnings.
FRAUD
Art. 61.-When one of the spouses has carried out acts in fraud of the other's rights, he shall be liable for the same amount, and if the acquirer has acted in bad faith, the act
shall be void. FOURTH SECTION
DEFERRED community
PART FIRST OWN ASSETS AND COMMON GOODS
FEATURES
Art. 62. In the deferred community, the goods acquired for consideration, the fruits, the income and the interest obtained by any of the spouses during the existence of the scheme belong to both, and shall be distributed in half by the dissolution of the same.
The community is deferred for settling at the time of its dissolution, but it will be understood that the spouses have had it since the celebration of the marriage or since the constitution of the regime.
OWN GOODS
Art. 63.-The following goods are the exclusive property of each spouse:
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1o) Those who have the time to constitute the regime;
2o) acquire during the lifetime of the scheme free of charge;
3o) Those acquired in place of any of the two of the two
previous ordinals;
4o) onerous, when the cause or title of
acquisition preceded the constitution of the regime;
5o) Compensation for moral damages or inferred materials in your person or in your
own property;
6o) The strictly personal use objects;
7o) The instruments necessary for the exercise of the occupation or occupation of each spouse as long as they are not part of a joint undertaking or establishment; and,
8o) The books relating to the profession or trade of each spouse, the decorations and the valueless personal objects business, such as family memories.
COMMUNITY BIES
Art. 64.-They are goods in community:
1o) Salaries, salaries, fees, pensions, prizes, rewards and other emoluments arising from the work of each spouse;
2o) The fruits, incomes or interests that produce both the own goods such as the common ones, deducted the costs of production, repair, preservation and tax burdens and
municipal;
3o) Those acquired for consideration by any of the spouses;
4o) of random contracts, such as lottery, game, bet;
5o) Value increase, by the property of any of the spouses;
6o) Buildings and plantations in own property made with funds from the common stock; and,
7o) The companies or establishments constituted by one of the spouses, with community goods.
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PRESUMPTION OF GOODS IN COMMUNITY
Art. 65.-Existing goods held by any of the spouses are presumed to be in community, as long as they are not proven to be their own property.
PART SECOND OF THE COMMUNITY ' S BURDENS AND OBLIGATIONS
CARGAS
Art. 66.-They are burdens of the deferred community:
1a) Family and education expenses of the common children;
2a) The expenses of support and education of the children of one of the spouses only, when they live in the marital home; in Otherwise the expenses arising from these concepts will always be borne by the deferred community, but they will give rise to reimbursement in the
moment of the liquidation;
3a) The food that any of the spouses is obliged to to provide their ancestors by law;
4a) The costs of acquisition, administration and enjoyment of the common goods;
5a) Expenses for the ordinary administration of the spouses ' own property;
6a) The expenses that will result from the regular exploitation of the business or the performance of the
work, employment, profession or trade of each spouse;
7a) The expenses of establishing the common children that parents agree to pay;
and,
8a) The debts incurred by any spouse in the home administration.
OBLIGATIONS
Art. 67.-Goods in the community will respond in any event to the obligations of the spouses.
OBLIGATIONS TO COMPENSATE
Art. 68.-The spouse who will take from the goods in community some sum to pay their debts
or personal obligations and, in general, the one who obtains personal advantage of these goods, must compensate the community. Article 61 will also be observed.
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CONTRIBUTIONS IN MONEY
Art. 69.-If one of the spouses has made contributions from his own funds, in order to satisfy the obligations of the deferred community, he shall have the right to be reintegrated by the community, with the legal interests.
PART THIRD COMMUNITY ADMINISTRATION
ADMINISTRATION AND DISPOSITION OF GOODS IN COMMUNITY
Art. 70.-During marriage each of the spouses has the free administration and disposition of the own and common goods.
DISPOSITION OF COMMON GOODS BY TESTAMENT
Art. 71.-The spouses may dispose of their respective shares in the common goods on a universal basis.
When the will of a common good is disputed, the provision will produce
all its effects if that either the share of the goods in the community which has been reciprocated by the testator shall be credited to the quota; otherwise, the value of the death of the deceased shall be understood.
PART FOURTH DISSOLUTION AND LIQUIDATION FROM THE COMMUNITY
JUDICIAL DISSOLUTION
Art. 72.-The deferred community is dissolved by judgment, at the request of one of the spouses, in any of the following cases:
1o) When the other spouse is declared incapable, absent, in bankruptcy or contest of creditors, or convicted of non-compliance with family obligations of economic assistance;
2o) For the purposes of carrying out the other, acts or management acts that are fraudulent or that irrogate damage or danger to their rights in the community;
3o) If the another spouse has abandoned it, or is separated for six consecutive months at least.
In all of these cases, the preventive annotation of the claim may be sought and the effects of the judicial termination of the scheme will be produced from the date on which the resolution that the decretard with respect to the spouses and the versus third parties, from the time of registration in the registry
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respective.
EFFECTS OF DISSOLUTION
Art. 73.-The dissolution of the deferred community regime will have the following effects:
1o) The community of goods is created and, consequently, the administration and disposal of the goods in community correspond to the spouses;
2o) Assets and liabilities are consolidated in respect of the goods in community;
3o) The usufruct that the community had deferred over each spouse's own property is terminated; and,
4o) Rewards and credits are made payable existing spouses to each other, and to the community.
LIQUIDATION
Art . 74.-The deferred community shall be wound up, prior to the asset and liability inventory.
If the spouses do not agree on settlement, the settlement shall be conducted judicially.
ACTIVE
Art. 75.-The asset shall comprise:
1o) The existing assets in community at the date of the dissolution;
2o) The updated amount of the value that the goods had which had been illegally or fraudulently disposed of by one of the spouses; and,
3o) The updated amount of the amounts that would have been paid by the community and that were in charge of only one spouse and, in general, those that constitute community credits against one of the spouses.
LIABILITIES
Art. 76. The liability shall comprise:
1o) The existing debts borne by the community at the date of the dissolution;
2o) The updated amount of the value of the property of one of the spouses, when their refund is to be made, by have been spent in the interest of the community;
3o) The updated amount of the impairments produced in the goods referred to by the
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ordinal, for use for the benefit of the community;
4o) The amount updated of the amounts that some of the spouses have contributed from their own funds, to satisfy obligations that were in charge of the community;
5o) The amounts that constitute credits of the spouses against the community.
PAYMENT OF COMMUNITY DEBTS
Art. 77.-The liquidation shall be carried out, the debts of the community first paid, starting with the food, which in any event shall be preferred.
If there is not enough to pay for the others, the provisions of the The Civil Code for the ranking of credits.
CASH PAYMENT
Art. 78. The payment of the debts may be made in money, or by the award of common goods; but if any participant or creditor asks for it with just cause, they will be carried out and will be paid with their amount.
INDEMNITIES AND REFUNDS
Art. 79.-After the payment of the debts and burdens of the community, the
indemnities and reimbursements that are owed to each spouse will be paid, making the corresponding compensation when one of them is a debtor of the community.
COMMUNITY HABER
Art. 80.-The remnant that will result after the deductions of the articles that are dealt with by the articles
, is the one of the deferred community, which will be divided by half between the spouses or their respective heirs.
PREFERENTIAL AWARDS
Art. 81. Each spouse shall have the right to be preferably included in their respective haber,
as far as this scope:
1o) The personal property;
2o) The premises where he has been exercising his profession or office;
3o) The agricultural, commercial or industrial exploitation carried out with their personal work; and,
4) The dwelling where they had their habitual residence, in the case of death of the other spouse.
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FOOD DELIVERY
Art. 82.-From the common mass of goods, food shall be given to the spouses or to the survivor and to the children, for the duration of the liquidation.
SUPPLEMENTARY RULE
Art. 83.-In the absence of the inventory, valuation and sale of goods, division of the
community flow, awards to unit-holders and others that have not been expressly regulated, the inventory rules shall be observed, of the partition and settlement of the inheritance, in whatever applicable.
SECTION FIFTH MARRIAGE CAPITULATIONS
CONCEPT
Art. 84.-THE AGREEMENTS CONCLUDED TO DETERMINE, AMEND AND REPLACE THE PROPERTY REGIME OF MARRIAGE ARE SUBJECT TO MARRIAGE, INCLUDING
THE CONSTITUTION OF THE RIGHT OF ROOM FOR A GIVEN BUILDING AND THE SITUATIONS LEGAL PROVISIONS PROVIDED FOR IN ARTICLE 46 OF THIS LAW. (8)
Such conventions may be concluded before or after the contract of marriage, and may not
contain provisions contrary to this Code and other laws of the Republic.
FORMALITY
Art. 85. Marriage capitulations shall be granted in public deed, or in minutes before the Attorney General of the Republic or the Departmental Auxiliary Prosecutors.
CHILD-GRANTED CAPITULATIONS
Art. 86.-The minors who under this Code may marry, may grant marriage certificates, but will require authorization from persons who must give the marriage consent.
EXPIRATION OF STIPULATIONS
Art. 87.-Marriage capitulations shall have effect from the celebration of the
marriage, and shall be without value, if that is not concluded within the period of six months from the date of their award.
CAPITULATION NULLITY
Art. 88.-The marriage of marriage shall be null and void in the same cases in which the acts are
and declarations of will and, in addition, shall be held in contravention of the provisions of the second paragraph of Article 84 and Article 85.
SPECIAL POWER
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Art. 89.-Marriage capitulations may be held by proxy with special power, granted in public deed, in which the clauses
that regulate the Marriage Patrimonial Regime must be stated.
TITLE III
CHAPTER I
MARRIAGE NULLITY
NULLITY ABSOLUTE
Art. 90.-They are causes of absolute nullity of marriage:
1a) Having contracted to an unauthorized official;
2a) The lack of consent of any of the contrayants;
3a) When the contrayents are of the same sex; and,
4a) The existence of any of the impediments indicated by this Code,
except for the impairment of the age minority.
PROCEDURAL LEGITIMIZATION
Art. 91.-The absolute nullity of the marriage must be decreed on its own initiative by the judge when it appears manifest within a process; and may be claimed by any of the contrayents,
by the Attorney General of the Republic, by the Attorney General of the Republic or any interested person.
NULLITY BY MINORITY
Art. 92.-The null marriage due to a minority is valid for the duration of the time that it is necessary for the contrayents to reach the age required by law to celebrate it, if being pubertal they would have made life in common during that time lapse, or if you have conceived the woman.
RELATIVE NULLITY
Art. 93.-They are causes of relative nullity of marriage:
1a) The error in the person of the other contract;
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2a) The physical or moral strength sufficient to force consent;
3a) Lack of or inability of the indispensable witnesses, or the lack of the secretary in his case; and,
4a) The age minority;
NULLITY BY MISTAKE
Art. 94.-The nullity by mistake in the person can only be ordered by the person who suffered the error, and is healed for the course of three months counted from the day when the knowledge of the
was taken.
For the purposes of this article it is understood that the error in the person of the other contractor,
includes the one that falls on his or her physical identity or on some determining personal quality in the provision of the consent for collapse.
NULLITY BY FORCE
Art. 95.-The nullity of the marriage contracted by the use of sufficient physical or moral force, whether it comes from the other contractor or from a third party, can only be ordered by the victim of the
force, and is healed by the course of three months counted from the day the force ceases.
NULLITY FOR LACK OF WITNESSES OR SECRETARY
Art. 96.-The nullity for lack of witnesses or of the secretary in his case, or the one founded on the inability of those, can only be alleged by the contrayents and is healed for the course of three months counted
from the day of the celebration of the marriage.
COMPENSATION
Art. 97.-The contrayant who will be guilty of the nullity of the marriage, shall be liable for the material or moral damages suffered by the contrayente in good faith.
DECLARED NULLITY ABROAD
Art. 98.-The marriage which according to the laws of the country in which it was contracted could be annulled in it, cannot be annulled in El Salvador, but in accordance with the laws of El Salvador.
The declaration of nullity pronounced abroad, of a marriage held in the Republic, will only produce effects in El Salvador, if it is founded on any of the causes referred to in Articles 90 or 93 of this Code.
DUTIES AND RIGHTS SUBSISTING
Art. 99.-The nullity of marriage does not exempt parents from the duties they have for with
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your children and will not affect the rights of third parties who have contracted for good faith with the spouses.
EFFECTS OF THE NULLITY STATEMENT
Art. 100.-To determine who of the parents will be the personal care of the children that
has been created in a declared null marriage, fix the amount with which the parents will have to contribute to the costs of raising and education of the children children and other effects, the rules provided for in this Code will apply for divorce cases.
EFFECTS ON GOODS
Art. 101.-The sentence of the annulment of the marriage shall produce in respect of the property of the spouses, the same effects as are provided for the cases of divorce without prejudice to the provisions of Articles 97 and 103.
CANCELLATION AND MARGINAL ANNOTATIONS
Art. 102.-The judge shall give notice to the person in charge of the Registry of the Family State where the marriage party is seated, to cancel the marriage, and inform the official in charge of the marriage. Record of the Family State where the birth items of the contrayants are settled, to make the annotations
marginal of law.
EFFECTS OF NULL MARRIAGE
Art. 103.-The marriage celebrated with the solemnities that the law requires and whose nullity will be declared in the case of the Causal 4a. Article 90 and those referred to in Article 93 produce the same civil effects as the valid one; but it will cease to produce civil effects since the good faith is lacking
of the spouses, only in respect of these.
When the nullity is based on the ordinal 2o. Article 14 of this Code,
the civil effects it produces will not include those relating to the property regime of the marriage.
The donations or promises that have been made by the other spouse for the cause of marriage
Case of good faith, however, the declaration of nullity of marriage shall remain.
CHAPTER II
DISSOLUTION OF MARRIAGE
CAUSES OF DISSOLUTION
Art. 104.-Marriage is dissolved by the actual or presumed death of one of the spouses and divorce.
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DIVORCE
Art. 105.-Divorce is the dissolution of the marriage bond decreed by the judge.
REASONS FOR DIVORCE
Art. 106.-The divorce may be decreed:
1) By mutual consent of the spouses;
2nd) By separation of the spouses for one or more consecutive years; and,
3rd) By being intolerable the life in common between the spouses. It is understood that this motive, in the event of a serious or repeated failure of the duties of the marriage, is found to be bad
the notorious conduct of one of them or any other such serious event.
In the case of the previous ordinal the divorce may be requested only by the spouse who does not
participate in the events or events that will result in the motive.
SPECIAL FOOD PENSION
Art. 107.-Where the divorce and the spouse who did not take part in the events which gave rise to the disability or disability which prevent him from working, or have been declared incapable and have no means of subsistence, are to be excluded. sufficient, the divorce will be decreed by establishing
the payment of a alimony, which will be fixed according to the economic possibilities of the obliged and with the special needs of the food; applying in the rest the rules
DIVORCE BY MUTUAL CONSENT
Art. 108.-The spouses who intend to divorce by mutual consent must sign an agreement, which will contain at least the following clauses:
1a) The determination of the spouse under whose personal care the children are subject to parental authority; and the system of visits, communication and stay that you have made
agreed, so that the parent who does not live next to his or her children, relates to them;
2a) Determination of the spouse on behalf of whom they must be fed the children; or expression of the proportion with which each spouse will contribute for that purpose; indicating the basis for updating the amount of the food and
of the actual or personal guarantees offered for payment;
3a) Determination of the special alimony to be provided where applicable;
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4a) Expression of the spouse to whom the use of housing and property will correspond furniture in family use; and,
5a) Setting of the basis for the settlement of the conjugal estate when there is a community economic regime or for the settlement of the profits or determination of the
compensatory pension, in its
APPROVAL OF THE CONVENTION
Art. 109.-The agreement shall be qualified by the judge, who shall approve it if the agreements adopted do not
violate the rights of the children and the spouses recognized in this Code, as regards
provision of food, regime of visits or other similar aspects. If, on the contrary, and after a joint hearing with the parties concerned, the judge may make the changes in the judgment, if before giving an opinion, the spouses have not submitted a new convention which is fair and legal.
MODIFYING THE CONVENTION AFTER THE STATEMENT
Art. 110.-Executed the judgment of divorce, if there is a substantial alteration of the circumstances under which the agreement was approved, it may be modified judicially, or by means of another agreement granted in the same way as the original, prior to the judge's approval, the proceedings of the previous article should be followed.
CONTENTIOUS DIVORCE
Art. 111.-In cases of divorce, where there are children who are subject to parental authority, the spouses shall agree to whom the personal care of the children shall be the responsibility of the children, on the basis of who they shall be fed or the amount to which they are fed. contribute each, as well as the regime
of visits, communication and children's stay.
Such agreements will be manifested to the judge in a common hearing that will point to the effect; of not
to mediate between the spouses or to be this In the interest of the children, the judge shall decide in the judgment in accordance with the provisions of Articles 216 and 217 of this Code.
THE DIVORCE JUDGMENT SHALL ALSO PROVIDE THAT THE SPOUSE OR SPOUSE WHO HAS BEEN ENTRUSTED WITH THE PERSONAL CARE OF THE CHILDREN SHALL BE RESPONSIBLE FOR THE USE OF THE FAMILY HOUSING, EVEN IF THE RIGHT OF THE CHILD ROOM HAS NOT BEEN CONSTITUTED
PREVIOUSLY; AS WELL AS ON THE USE OF THE MOVABLE PROPERTY DESTINED TO THE SERVICE OF THE FAMILY. IN THE EVENT THAT THE HOUSE INTENDED FOR FAMILY USE IS TAXED, IN THE SAME JUDGMENT THE JUDGE MAY DETERMINE THE OBLIGATION OF THE PAYMENT OF THE
DEBTS, SEEKING IN ANY CASE THE WELFARE OF THE CHILDREN AND THE LOW SPOUSE WHOSE PERSONAL CARE WILL BE TRUSTED. IN THE ABSENCE OF A HOUSING, THE JUDGMENT SHALL BE PROVIDED IN FAVOUR OF THE SPOUSE OR THE SPOUSE IN QUESTION, OF A SHARE FOR HOUSING. (8)
If the divorce is delayed by the third reason of Article l06 and the facts which made life intolerable in Common among spouses, they constitute a cause of loss or suspension of parental authority, in the divorce judgment the judge will decree such loss or suspension.
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SUSPENSION AND MODIFICATION OF MEASURES
Art. 112.-The agreements of the spouses or the decisions prescribed by the judge in the judgment of divorce, may be suspended or amended judicially when they are not fulfilled seriously or repeatedly, or if the circumstances that founded the
COMPENSATORY PENSION
ART. 113.-If the marriage has been contracted under the arrangements for the separation of goods, or if there has been a community scheme its liquidation will result in negative balance, the spouse to whom the divorce will result in an imbalance entailing a lack of improvement sensitive in his economic situation, in
comparison with the one he had within the marriage, he will be entitled to a pension in money that will be fixed in the divorce judgment, according to the evidence that the effect would have produced.
To determine the amount of this pension and the basis of the update, the agreements to which the spouses have arrived, the age and health of the creditor, the professional qualification and the probabilities of access to a job, the past and future personal dedication to the
family care, the duration of the marriage and that of conjugal coexistence, collaboration with their work in the particular activities of the other spouse and the flow and economic means of each one.
In the same judgment will be fixed the guarantees to make the pension effective compensatory.
The right to this pension is extinguished by ceasing the cause that motivated it, by contracting the new creditor is married or married to another person, for having committed a serious injury against the
debtor, or for the death of the creditor or the debtor.
The pension is extinguished when the feeder: delivers goods, constitute the right of usufruct,
use or room on certain goods, or give a total sum of cash to the food, if it is agreed upon by the persons concerned or the judge decides upon the justified request of the debtor.
PENSION DEPRIVATION
Art. 114.-In cases of divorce in which serious harmful conduct of a spouse is established
to the other, there shall be no right to the payment of the compensatory pension prescribed by the preceding article.
EFFECTS OF THE JUDGMENT
Art. 115.-The executed sentence that decrees the divorce will produce the following effects:
1o) The dissolution of the marriage bond, leaving the man in aptitude to marry, the woman being able to do the same if they have already Three hundred
days from the date of dissolution of the marriage, have given birth or if she finds that she is not pregnant, or when the divorce has been decreed by separation of the spouses, in whose cases she may contract marriage, at any time;
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2o) The dissolution of the patrimonial regime that existed in the marriage; and,
3o) The other effects prescribed by this Code, relating to personal care for minor children, the amount of maintenance pensions, the visitation regime and the other items mentioned in Articles 111 and 113 of this Code.
START OF EFFECTS OF THE STATEMENT
Art. 116.-The judgment that decrees the divorce will produce effects from the date on which it will be executed; but it will not affect third parties in good faith but from the date of the registration of the divorce in the Register of the Family State.
divorce does not exempt parents from duties for their children.
DIVORCE DECREED ABROAD
Art. 117.-The divorce decreed abroad of those who have been married according to the laws of El Salvador, will only produce effects in El Salvador, when the invoked causal is equal to or similar to those that this Code recognizes.
TITLE IV
NONMARITAL UNION
SINGLE CONCEPT AND EXTENSION
ART. 118. THE NON MARITAL UNION WHICH REGULATES THIS CODE, IS CONSTITUTED BY A MAN AND A WOMAN WHO, WITHOUT LEGAL IMPEDIMENT TO MARRY EACH OTHER, MAKE LIFE IN COMMON FREELY, IN A SINGULAR, CONTINUOUS, STABLE AND NOTORIOUS FORM, BY
A PERIOD OF ONE OR MORE YEARS. (8)
The members of the union, shall be called the cohabitants or companions of life and shall enjoy
the rights conferred upon them in this chapter. Likewise, persons who are persons who are public and who are meeting the other requirements shall enjoy such rights, because they have created a child and some of them do not have the age required to marry, or die before
complete the coexistence period.
ESTATE REGIME AND FAMILY EXPENSES
Art. 119.-The goods acquired for consideration during the union and its fruits, as well as those which
produced the goods that each survivor had at the initiation of the union, shall apply to both cohabitants or their heirs, the rules of the Regime
As far as family expenses are concerned, the cohabitants will be subject to what is available to the
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article 38.
PROTECTION FOR FAMILY HOUSING
Art. 120.-It will be applicable to the building that serves as a room for the living and family members
the propertythat is available in article 46.
RIGHT TO HAPPEN
Art. 121. Each one of the cohabitants will be called to the other's abdicate succession, in the same order as the spouses.
CIVIL action
Art. 122.-In the event of death, the surviving partner shall be entitled to claim the civil liability, compensation for the moral and material damages suffered.
JUDICIAL DECLARATION
Art. 123.-For the enjoyment of the rights conferred by the non-marital union, prior judicial declaration of their existence is required. Such a declaration will result in the passing of one of the
cohabitants or the rupture of the union.
Whenever it is necessary to credit the quality of living, to make use of any of the
rights granted by this Code, the code must be declared judicially.
STATEMENT CONTENT
Art. 124.-The declarative judgment of the existence of the union, in the cases of the first paragraph of the preceding article, shall determine:
1o) The date of commencement and termination of the union;
2o) The goods acquired by the cohabitants and the fruits of these must be established in accordance with the Rules of Participation in the Gains regulated in Art. 51 of this Code;
3o) The filiation of the children created during it, which has not been previously established;
4o) A who of the parents where appropriate, shall be the personal care of the children subject to parental authority they have been inside it, the system of visits, communications and
stay of the same, so that the father or mother who does not live with them, relates to their children; and the amount of the alimony with which the other will have to contribute; and,
5o) TO WHOM THE USE OF MOVABLE AND HOUSING GOODS WILL BE RESPONSIBLE
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FAMILIAR, WITH THE PURPOSE OF GIVING PROTECTION TO THE LIVING AND LIVING CONDITIONS CHILDREN UNDER PARENTAL AUTHORITY, INCAPACITATED OR INCAPACITATED,
DISABLED OR DISABLED AND OTHER PERSONS WHO INTEGRATE THE FAMILY GROUP.
IN THE CASE THAT HOUSING INTENDED FOR FAMILY USE, IS TAXED, IN THE SAME JUDGMENT THE JUDGE MAY DETERMINE THE OBLIGATION OF THE PAYMENT OF THE DEBTS SEEKING IN ANY CASE THE WELFARE OF THE AND THE
CHILDREN AND THE SPOUSE UNDER WHOSE PERSONAL CARE ARE ENTRUSTED. (8)
The certification of the judgment declaring the existence of the union must be entered in the
Register of the Family State, and in the other public records, as appropriate.
ACTION EXPIRATION
Art. 125.-THE DECLARATION OF EXISTENCE OF THE NON-MARITAL UNION SHALL BE REQUESTED WITHIN THE FOLLOWING THREE YEARS FROM THE DATE OF RUPTURE OF THE SAME
OR THE DEATH OF ONE OF THE MEMBERS, SUBJECT TO EXPIRATION.
THIS ACTION MAY BE INITIATED BY ANY OF THE COHABITANTS OR THEIR HEIRS. (8)
INTEGRATION WITH OTHER LAWS
Art. 126.-The provisions of this Title should be without prejudice to what other laws may establish in favor of the cohabitants or companions of life.
TITLE V
PARENTESCO
UNICO CHAPTER
KINSHIP AND CLASSES
Art. 127.-Parentage is the family relationship that exists between two or more people and can be by consanguinity, affinity or adoption.
KINSHIP BY CONSANGUINITY
Art. 128.-Parentage by consanguinity is the one between people who descend from one of
others, or from a common ascendant.
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AFFINITY FOR AFFINITY
Art. 129.-Parentage by affinity is the one between one of the spouses and the consanguineos of the other.
There is also kinship for affinity between one of the cohabitants and the consanguineos of the other.
KINSHIP FOR ADOPTION
Art. 130.-Parentage by adoption is the one that originates, between the adopted, the adopters and the relatives of these, with the same effects as the blood-kinship.
DEGREES AND LINES OF KINSHIP
Art. 131.-The proximity of kinship is determined by the number of generations.
The series of generations from a common ascendant, form a kinship line.
Each generation constitutes a degree.
The line and grade are determined in the same way in any kind of kinship.
The line is straight, when people descend from each other, like that of the father with the son or the grandfather with the grandchild; and it is collateral or transversal, when the people come from an ascending
common, some of others, like that of the brothers, that of the uncle with the nephew and the sibling cousins.
PARENTAGE EXTENSION
Art. 132.-The parentage by consanguinity in the straight line is indefinite and in the collateral line is recognized up to the fourth grade; in the affinity, until the second.
The parentage by adoption operates in the same way as the consanguineum.
SECOND BOOK
LINEAGE AND FAMILY STATUS
TITLE I
FILIATION
CHAPTER I
SETTINGS
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LINEAGE CONCEPT
Art. 133.-The affiliation is the family bond between the son and his parents. Regarding the father is called parenthood and respect to the mother, motherhood.
LINEAGE CLASSES
Art. 134.-The filiation may be by consanguinity or by adoption.
WAYS TO ESTABLISH PARENTHOOD
Art. 135.-Fatherhood is established by law, by voluntary recognition or by judicial declaration.
WAYS TO ESTABLISH MOTHERHOOD
Art. 136.-Maternity shall be established even without the express recognition, with the proof
of birth and the identity of the born, without prejudice to the right of the mother to contest the maternity in case of false registration, according to established in Art. 196; and by judicial declaration.
FALSE PATERNITY OR MATERNITY
Art. 137.-Fatherhood or motherhood is false when a person passes through the parent or mother of another, without being.
INEFFECTIVE FILIATION
Art. 138.-A filiation shall be established, no later than the first one shall be effective, unless it is declared without effect by a court judgment.
RIGHT TO INVESTIGATE PATERNITY OR MATERNITY
Art. 139.-The son has the right to investigate who his parents are. This right is transmitted
to the offspring of the child and is imprinted.
In this case, all test class is supported.
CHAPTER II
BLOOD LINEAGE
FIRST SECTION OF PATERNITY
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PART FIRST ESTABLISHMENT OF PATERNITY BY LAW
PROVENANCE
Art. 140.-Paternity is established by law ministry, when presumed or determined in accordance with the provisions of this Code.
PRESUMPTION OF PATERNITY
Art. 141.-Children of the husband are presumed to be born after the celebration of the marriage and
before three hundred days following their dissolution or declaration of nullity.
This presumption will also take place in the event of nullity of the marriage, even if the
good faith of both spouses is missing.
However, the presumption established in this article will not apply when the spouses have been separated
more than one yearthe child is recognized by the different person from the father.
PRESUMPTION OF PATERNITY IN CASE OF NEW MARRIAGE OF THE MOTHER
Art. 142.-If the mother has contracted other nuptials in contravention of the provisions of Article 17, the paternity of the child born after the new marriage shall be established in accordance with the following rules:
1a) the child is the first husband if born within one hundred and eighty days after the second marriage; and,
2a) The son is presumed to be the second husband, if born after one hundred and eighty days of the second marriage marriage, even if the birth takes place within
the three hundred days after the dissolution of the first.
PART SECOND
OF VOLUNTARY RECOGNITION
FORMS OF RECOGNITION
Art. 143.-The parent may voluntarily recognize the child:
1o) In the child's birth, by supplying the data for registration as a parent. The item shall contain the name and other identity data of the person, who shall sign it if he or she is able to do so;
2o) In the public marriage deed or in the minutes given to the offices of the Political Governors Departmental, Attorney General and Municipal Mayors;
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3o) In minutes before the Attorney General of the Republic or Auxiliary Attorneys Departmental;
4o) In public deed, although recognition is not the main object of the instrument;
5o) In will; and,
6o) In writing or other court acts. In these cases, the judge must extend the
certifications requested by the interested parties.
RECOGNITION OF THE UNBORN CHILD AND THE DECEASED SON
Art. 144.-The parent may recognize the child conceived and the deceased child, by any means established in this Code that are applicable.
The recognition of the deceased child shall only take advantage of their offspring.
CAPACITY SPECIAL TO RECOGNIZE
Art. 145.-Minor adults have the ability to recognize their paternity, without the need for authorization or consent from their legal representatives.
RECOGNITION PROVOKED
Art. 146. THE CHILD WHO HAS NOT BEEN RECOGNIZED SHALL HAVE THE RIGHT TO BE SUMMONED BEFORE THE JUDGE TO TESTIFY IF HE BELIEVES TO BE SO. THE JUDGE WILL BE ABLE TO ORDER THE SCIENTIFIC, HEREDITARY, BIOLOGICAL AND ANTHROPOMORPHIC TESTS OF THE
SUSPECTED PARENT. (3)
THE PREGNANT WOMAN WILL ALSO BE ENTITLED TO THE MAN OF WHOM
CONCEIVED TO BE SUMMONED TO HIM. JUDGE, TO DECLARE IF HE RECOGNIZES TO BE THE FATHER OF THE CREATURE THAT IS TO BE BORN. (3)
THE REFUSAL OF THE SUPPOSED FATHER TO APPEAR BEFORE THE JUDGE OR TO SUBMIT TO THE PATERNITY TEST, WILL BE CONSIDERED POSITIVE OF THE EXISTENCE OF BOND BIOLOGICAL, WITHOUT PREJUDICE TO THE RIGHT TO CHALLENGE IT. (3)
WITHOUT PREJUDICE TO THE DECLARATION ACTION JUDICIAL OF PATERNITY, THE PROCEEDINGS TO WHICH THIS ARTICLE GIVES PLACE, MAY ONLY BE PROMOTED FOR ONCE, AGAINST THE
ALLEGED FATHER. (3)
IN THE PROCESSES OF FORCED RECOGNITION OF PATERNITY, WILL OPERATE IN PROFIT
OF PLAINTIFF, REVERSAL OF THE BURDEN OF PROOF, BY WHICH, THE DEFENDANT WILL BE REQUIRED TO PROVIDE THE NECESSARY EVIDENCE FOR THE RESOLUTION OF THE CASE. THE RESPONDENT ' S INACTIVITY OR OPPOSITION TO PROVIDE THE NECESSARY PROOF, WILL HAVE AS
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CONSEQUENCE, THE LEGAL PRESUMPTION OF ASSIGNED PATERNITY, WHICH MAY BE CONTESTED ONLY IN THE TERMS PROVIDED FOR IN THIS CODE. (6)
IRREVOCABILITY
Art. 147.-The recognition of paternity is irrevocable.
PART THIRD JUDICIAL DECLARATION OF PATERNITY
RIGHT TO DEMAND THE DECLARATION
Art. 148.-The son not voluntarily recognized by his father, or whose paternity is not presumed according to the provisions of this Code, has the right to demand the judicial declaration of paternity.
JUDICIAL RECOGNITION OF PATERNITY
Art. 149.-The paternity shall be declared by the judge when it results from the express or tacit manifestation of the intended father, his sexual relationship with the mother in the period of conception, the
possession of the son's condition, or other facts analogs of which parenthood is unambiguously inferred.
The paternity of the man who lived with the mother during the period of conception is presumed, except for the non-existence of biological nexus.
ACTION OF PATERNITY
Art. 150.-The action of the judicial declaration of paternity corresponds to the
and if any
of the deceased, to his descendants, against the supposed father or his heirs, or against the curator of the inheritance. This action is prescriptible.If paternity is declared, the mother and child shall be entitled to claim compensation from the father for the moral and material damages to which he or she is in accordance with the law.
PART 4 OF THE IMPEACHMENT OF PATERNITY
IMPEACHMENT BY HUSBAND
Art. 151.-In the life of the husband, no one can challenge the paternity that is attributed to him by law, but the husband himself, proving that the son has not been able to be engendered by him; except in the case of the son's action when he exercises his right to investigate the fatherhood in accordance with the provisions of Articles 138 and 139.
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ACTION EXPIRATION
Art. 152.-The action that the husband has to challenge the paternity of the son that passes by his, expires after ninety days counted from the one in which he had knowledge of the paternity that by law is attributed to him.
The residence of the husband in the place of birth of the child, will cause to assume that he knew it immediately unless it proves that on the part of the mother there has been concealment of the parturition.
If the time of the birth is found the absent husband, it will be presumed that he knew it immediately after her return to the woman's residence, except for the case of concealment mentioned in the
precedent.
The time limit for this article is suspended because of the physical or mental impossibility of the husband of
having knowledge of the fact.
IMPEACHMENT OF HUSBAND ' S PATERNITY BY THIRD PARTIES
Art. 153.-If the husband dies before the end of the term granted to him by this Code to ignore the son, or before he is born, they may challenge the paternity in the same terms the heirs of the husband, their ascendants, even if they do not have some in the succession, and all
another person to whom the intended paternity will irrogate the current disservice.
This right will not take place if the husband has recognized the son as his by any
of the media referred to in this Code.
This action expires after ninety days from the date the interested
knew the death of the father, or in case he was missing, from the first decree of possession granted to his alleged heirs, or since they knew the birth of the son, if it happened after the father's death.
NON-PARENTHOOD EXCEPTION
Art. 154.-If the persons concerned have been declared heirs without any contradiction of the intended child, they may object to the exception of non-paternity at any time when he or his heirs dispute their rights.
TREATMENT OF THE CHILD DURING THE TRIAL
Art. 155.-During the trial the child will be considered and treated as the husband, but the non-paternity, the husband or any other claimant will have the right to have the mother compensate them for any harm that the intended paternity
CHALLENGE OF VOLUNTARY RECOGNITION
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Art. 156.-Voluntary paternity recognition may be challenged by the child, by the parent's ancestors and by those who have current interest, proving that the child has not been able to have
recognized fatherRegarding the child the action is imprinted.
EXPIRATION OF THE ACTION
Art. 157.-The parent may not contest the recognition, after ninety days after the date on which they have knowledge of the act.
Other interested parties may not contest the recognition after three hundred days after the one they had current interest in and were able to assert their rights.
RECOGNITION NULLITY ACTION
Art. 158.-The nullity of the voluntary recognition of paternity, due to the vices of the consent, must be requested by the recognizant within the period of ninety days since the process or the vice has become known that invalidates it.
SECTION SECOND OF THE MATERNITY
VOLUNTARY RECOGNITION
Art. 159.-Voluntary maternity recognition may be carried out by any form of voluntary paternity recognition.
Article 145 applies in this case.
PRESUMPTION OF RECOGNITION
Art. 160.-A woman is presumed to have recognized a child as her own, when the name of that child appears in the birth certificate as a mother.
MATERNITY COURT STATEMENT
Art. 161.-When voluntary maternity recognition has not taken place, the child has the right to request the court's declaration of maternity.
Maternity shall be declared by the judge when the fact of the case is proven in the process. birth and the identity of the child, or when it results from the express or tacit manifestation of the mother, or the possession of state.
In the maternity trials, Articles 148 and L50 (first) are applicable.
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IMPEACHMENT OF MOTHERHOOD
Art. 162.-Maternity may be challenged by false birth, or by impersonation of the intended child to the true.
They have this right:
1o) The child;
2o) The true parent, or both, to confer the child or the child descendants of this, the family rights;
3o) The alleged mother to ignore the child who passes by her;
4o) The spouse of the alleged mother to ignore the child who passes by her; and,
5o) All other person to whom the " putative maternity damages at present in your rights
on the testamentary or abinterment succession, of the parent or parent assumptions.
IMPEACHMENT DEADLINES
Art. 163.-The persons appointed in ordinal 3o) and 4) of the preceding article may not contest the maternity after one year, counted from the knowledge of the date on which the child was made to pass by his. However, in the event of any new incompatible fact being known
with the putative maternity, it may be challenged by the same persons during the ninety-day period counted from the knowledge of the fact.
The persons mentioned in the ordinal 5o) of the preceding article, they may not contest the maternity, after 90 days after the date on which they are aware of the death of such father or mother, if they are present, or since their return, if they are absent.
For the persons referred to in ordinal 1o) and 2o) of the same article, the action is printer.
FRAUD PENALTY
Art. 164.-To none of those who have participated in the fraud of false birth or impersonation, shall use in any way the discovery of such facts, nor even to exercise on the son the rights of parental authority, or to demand food, or to succeed you in your assets because of
death.
CHAPTER III
ADOPTIVE LINEAGE
FIRST COMMON PROVISIONS SECTION
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PURPOSE
Art. 165.-The adoption is an institution of family and social protection, especially established in the best interests of the child, to provide it with a family that ensures their well-being and integral development.
The adoption of greater will be subject to the provisions of this chapter as applicable.
ADOPTION CLASSES
Art. 166.-Adoption can be jointly or individually granted.
CONCEPT
Art. 167.-Adoption is the one by which the adopted, for all effect, becomes part of
the family of the adopters, as the son of these and disengages in total form of their biological family in respect of which they will no longer correspond rights and duties. The marriage impediments that are established by this Code are in force.
SPECIAL GUARANTEE
Art. 168.-To guarantee the best interests of the child and respect for his fundamental rights,
all adoption must be authorized by the Attorney General of the Republic and the Salvadoran Institute of Child Protection and decreed by the
EVERY CHILD OR CHILD DEEMED TO BE A SUBJECT OF ADOPTION MAY NOT LEAVE THE NATIONAL TERRITORY WITHOUT THE ADOPTION OF THE ADOPTION BY THE COMPETENT JUDGE. (2)
JOINT ADOPTION AND INDIVIDUAL ADOPTION
Art. 169.-Joint adoption is the one that is decreed at the request of both spouses and only they can adopt in this form. If the adopter is one, the adoption is individual. In this case, the adopter must use the two forenames of the adopter.
COMPLETION OF PARENTAL AUTHORITY AND GUARDIANSHIP
Art. 170.-The adoption puts an end to the parental authority or the guardianship to which the child is subjected, as well as to his personal care; and gives the adopters the parental authority of adopter.
When one of the spouses is adopted by one of the spouses of the other, this will not lose parental authority and share it with the adopter.
REQUIREMENTS FOR ALL ADOPTERS
Art. 171.-To adopt required:
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1o) Being legally capable;
2o) Being over twenty-five years of age, except spouses who have more than five years of marriage; and,
3o) Have family, moral, psychological, social, economic and health conditions that evidence aptitude and readiness to assume parental responsibility.
BAN
Art. 172.-They may not adopt those who have been deprived or suspended from the exercise of parental authority.
DIFFERENCE OF AGES
Art. 173.-The adopter must be at least fifteen years older than that adopted. In adoption
, this difference will be established with respect to the lower age adopter.
In the case of adoption by a single spouse, the difference must also exist with the spouse of the adopter.
disposition, it will have no effect when it comes to the adoption of the child of one of the spouses.
CONSENT AND COMPLIANCE
Art. 174.-For the adoption of a child the express consent of the parents to whose parental authority will be submitted is necessary.
When the parental authority is exercised by minors, the consent must be given by with the consent of their legal representative, or in their absence with the authorization
of the Attorney General of the Republic. The faculty of consent is inselectable.
When it comes to the adoption of persons under guardianship or of orphans of father and mother,
abandoned, or of unknown filiation or children of parents whose whereabouts are ignored, the consent must be provided by the Attorney General of the Republic, by itself or by delegate specially authorized for each case.
The greater than twelve years must also manifest its conformity with the adoption, even in the event that
will meet the age indicated during the course of the procedure.
Once you sign the resolution that decrees the adoption, consent and conformity are irrevocable, but prior to this, the retraction for justified causes appreciated by the judge, who in order to resolve the fundamental principles of adoption.
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EXISTENCE OF OTHER CHILDREN SEVERAL ADOPTIONS
Art. 175.-Does not oppose the adoption that the adopter has children, nor cease its effects because it overcomes or recognizes them.
A person may request that several adoptions be declared through separate and successive procedures, not being possible start new procedures, as long as there is no firm judicial resolution in the precedents. However, when you intend to adopt two or more siblings, adoptions can
be followed in a single procedure and be sought to remain united.
COEXISTENCE TO ADOPT A PARTICULAR CHILD
Art. 176.-When it is intended to adopt a minor who has made family life with his adopter, it must have lasted for at least one year. This deadline will not be required if the adopter and adopter
exist kinship.
ADOPTION BY THE TUTOR
Art. 177.-The guardian shall not be able to adopt to his or her pupil as long as the accounts of his administration have not been judicially approved and the balance to be paid against him shall be paid.
CONSTITUTION AND IRREVOCABILITY
Art. 178.-Adoption is constituted since the statement that the decree, which
is irrevocable, is signed.
NULLIMS
Art. 179.-The adoption that is decreed is void:
1o) By officials who lack competence in the matter;
2o) Without the consent or the conformity, of any of the persons to whom
corresponds to them; or in the Case of parental authority exercised by minors, without the consent or authorization of those prescribed the second paragraph of Article 174;
3o) If the adopter is absolutely incapable;
4o) Mediating force or fraud; and,
5o) Without the consent of the spouse of the adopter.
CONSEQUENCE OF OTHER VIOLATIONS
Art. 180.-Violations of non-nullified legal provisions shall not invalidate the adoption, but the official to whom they are attributable, or who under their responsibility are committed,
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will incur a five-day salary penalty for each breach; when In the case of an administrative officer, the fine shall be imposed on him by the judge who knew of the adoption and in the case of the latter,
by the high court in his case or by the Supreme Court of Justice, on the complaint of any interested party, all prior hearing of the alleged offender.
ADVANCE
Art. 181.-The spouses who have a stable household may be jointly adopted.
The age of each adopter may not exceed the age of forty-five years, but this limit shall not prevent the adoption of the child of one of the spouses, that of a relative in the second
degree of affinity or fourth degree of consanguinity of any of them, nor of the child who has lived with the adopters for at least one year, provided that the judge considers the adoption to be appropriate for the adopted.
ADOPTED
Art. 182.-May be adopted:
1.-Children of unknown parentage; abandoned or orphans of father and mother. It is considered abandoned, all less than in a situation of lack, that
affects its protection and integral formation in the material, psychological or moral aspects, by action or omission;
2.-The minors under the care staff of their parents or other relatives, provided that there are justified and appropriate grounds for the adopted, prudentially qualified by the judge;
3.-The elderly, if before they have been in a state of care staff of the adopter and there exist between them affective bonds similar to those that unite children and
parents;
4.-The child of one of the spouses.
MARRIED INDIVIDUAL ADOPTER
Art. 183.-The married individual adopter needs the assent of his or her spouse to adopt a minor. Consent shall not be required where such spouse has been declared incapable, absent or presumed dead, or where the spouses have more than one year of being completely separated
or divorced.
In the cases of the The other spouse may subsequently adopt the child, if it meets
the requirements set forth in this Code, in which case the adoption will take all the effects of the joint.
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SECTION SECOND ADOPTION BY FOREIGNERS
SPECIAL REQUIREMENTS
Art. 184. Non-domiciled foreigners to adopt a child shall observe the legally established procedure, and in addition to the general requirements, check the following:
1o.) That they have at least five years of marriage;
2o.) Who meet the personal requirements to be required by law of their domicile; and,
3o.) Check that a public or state institution for the protection of children or the family, of their domicile, shall ensure the interest of the adopted.
The adoption by foreigners will take place when the possibilities of adoption at the local level, and preferably with citizens of the States with which treaties have been ratified
or conventions, international covenants on the subject.
EVERY CHILD OR CHILD CONSIDERED TO BE A SUBJECT OF ADOPTION, MAY NOT LEAVE THE NATIONAL TERRITORY WITHOUT THE ADOPTION OF THE ADOPTION BY THE COMPETENT JUDGE. (2)
TECHNICAL STUDIES
Art. 185.-Social, psychological and other studies to be submitted by foreign adopters, if carried out outside the country, must be carried out by specialists from a public or state institution, from the place of their domicile, dedicated to ensuring for the protection of children or the family, or by
professionals whose opinions are supported by an entity of such a nature.
In any case such studies shall be qualified by the institutions related to Art. 168 of the
present Code. TITLE II
FAMILY STATUS
CHAPTER I
CONCEPT FAMILY STATUS CLASSES
Art. 186.-The family status is the legal quality that a person has in relation to the family and by which the law attributes certain rights and duties to him.
The family state can be originated by marriage or parental bond.
In relation to marriage, a person can have any of the following family statuses:
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1o) Casado, who has contracted marriage;
2o) Widower, who whose marriage has been dissolved by the death of your spouse;
3o) Divorced, that whose marriage has been dissolved by divorce; and,
4o) Soltero, who has not contracted marriage or whose marriage has been cancelled.
In relation to the kinship, a person may have family states such as father, mother, son, brother, uncle or
CHAPTER II FAMILY STATUS RECORD
SECTION FIRST ORGANIZATION AND OPERATION
OBJECT, CENTRAL REGISTRY, AND LOCAL RECORDS
Art. 187.-The Registry of the Family State is intended to register the facts and legal acts constituting, modifying or extinguishing the family status of natural persons, as well as
the preservation of information that contains.
There will be a Central Family State Register that will guide, coordinate and control the work
of all local records and will be responsible for the Central Family Status Records File.
Local to take the Family State Register will be the Municipalities of the Republic.
FACTS INSCRIBABLE ACTS
Art. 188.-In the Register of the Family State, the births, marriages, deaths, adoptions, divorces and other acts or legal acts of natural persons determined by law shall be registered.
FOREIGN
Art. 189.-The marriages concluded in foreign countries to the Heads of Permanent Diplomatic Mission and Carrera Consuls, as well as the patrimonial regime of the marriage, shall be entered in the Central Register of the Family State.
Marriages of nationals held abroad to officials other than those mentioned in the previous paragraph, as well as the births and deaths of Salvadorans in
abroad, must be registered with the Consulate of The corresponding Savior, based on the legal documents issued by the authorities the competent authority of the country concerned, the documents in the seat which are verified at the consular headquarters are clearly stated, and the other as provided in the Organic Law of the Consular Service of the Republic of El Salvador. Savior.
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If the inscriptions referred to in the preceding paragraph have not been made, the supporting documents from abroad, may be submitted directly for registration in the office
of the Central Register of the Family State, provided that they are duly authenticated, and in their case translated into
REPORTING AND DEADLINE OBLIGATION
Art. 190.-They have an obligation to appear at the offices of the Registry of the Family State that
corresponds, to provide the necessary information of the facts or acts subject to registration, those persons to whom such acts or acts generate rights or duties, who must do so within the following fifteen useful days following that in which they occurred.
The above is without prejudice to the provisions of Article 29 of this Code.
REGISTRATION PERIOD AND SANTIONS
Art. 191.-The facts and legal acts subject to registration must be recorded within the time limit
of fifteen useful days, counted from the day following that in which the information or the documents in which they appear are in the office entered the facts of the facts constituting a family state, without any need for qualification.
Incurrira in a sanction established in the law of the matter, the keeper of the record that I will not practice the inscription of a state within the time limit set.
The fine referred to in this Article shall be applicable by the a hierarchical superior of the person in charge of the Family State Registry, in accordance with the procedure prescribed by law.
RESPONSIBILITY OF THE MANAGERS
Art. 192.-Those responsible for carrying the Family State Register will be responsible for the
damages " that will be caused to those interested in the omission or inaccuracy of any inscription or marginalization, because they do not settle it in legal form, for their falsification and by insertion of facts, circumstances or statements prohibited by law; equal responsibility shall have for the untruths or inaccuracies that
committed in the certifications they issue, all without prejudice to the criminal liability.
BACKGROUND ERRORS AND OMISSIONS NOT REMEDIED IN TIME
Art. 193.-The errors of substance and the omissions that have the inscriptions, whose remedy is not requested within the year following the date on which the consignment was settled, may only be rectified by virtue
of judicial judgment or action notarial.
PENALTY FOR LACK OF WARNING
Art. 194.-The person who must give notice for any of the entries prevented in this title, shall not do so within the prescribed period, and the official or notary who has authorized a marriage or the recognition of a child and will not refer within the term prescribed by
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the law, to the office of the corresponding Registry, the instrument on which the act granted for the purpose of their registration, they will incur the penalties established in the law of the matter.
The fines referred to in this article will be applied by the respective official of the State Registry, according to the procedure that the law of the subject sets.
SECTION SECOND
FAMILY STATUS TEST
PREFERRED TEST
Art. 195.-The family state of married, widowed or divorced, and that of father, mother or child, must
be tested with the departure of marriage, divorce, birth and death, as the case may be.
AUTHENTICITY OF THE SEATS
Art. 196.-The authenticity of the facts and legal acts, as recorded in the corresponding entries, are legally presumed, provided that they have been established in accordance with the law.
Records make faith, statements made by persons who have supplied the data for the settlement of inscriptions, but do not guarantee the veracity of such statements
in any of its parts.
In accordance with the law by the official
in charge, they make full proof.
However, the Registry's certifications may be rejected by proving that the person to whom
the document refers is not the same as the one intended to apply, or the untruth of the statements in them.
OMSION O DESTRUCTION OF INSCRIPTIONS
Art. 197.-Where the registration of a family member's state has been omitted or destroyed,
may belegally declared to be in evidence of the facts or legal acts that originated it or the notorious possession of it.
If it is omitted or destroyed the registration of the death of a person, may also be established judicially.
For such purposes, the person in charge of the competent Family State Registry shall issue a record showing the omission or destruction.
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POSSESSION OF THE CHILD ' S FAMILY STATUS
Art. 198.-The possession of the family status of a child consists of a set of facts that harmoniously considered, demonstrate the affiliation of a person with his or her parent and the kinship of it with the family to which it belongs. In order to establish the possession of that state, it must be checked,
among other facts, that the father has treated the son as such, that he has provided for his upbringing and education, presenting him in that character to his relatives and friends, having these and the neighborhood of the place of residence of the recognized son that state, and lasted three years at least, except that before being fulfilled
this period has passed one or the other.
POSSESSION OF THE FAMILY STATE OF MARRIED
Art. 199.-The possession of the family member state of married, consists in having treated the man and the woman as spouses and in that character to have been recognized by their relatives, friends and neighbors;
having lasted said possession at least three consecutive years, unless before the term has been completed, one of them has died.
In any case, it shall be established that the documents on which the marriage is held have been destroyed or lost.
CHAPTER III
REGISTRATION OF MARRIAGE PROPERTY REGIMES
OBJECT
Art. 200.-In the Register of Proprietary Regimes of Marriage, you will register, retain and supply information regarding such regimes, as well as
to your modification, replacement or extinction.
SUPPLEMENTARY STANDARD
Art. 201.-The provisions of the previous chapter for the family state and its registration, shall apply in whatever way, to the Register of Heritage Regimes of Marriage.
THIRD BOOK
OF PARENTAL RELATIONSHIPS
TITLE I
CHILDREN ' S RIGHTS AND DUTIES
ONLY CHAPTER
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EQUALITY
Art. 202.-All children, whatever the nature of their affiliation, have the same family rights and duties.
RIGHTS
Art. 203.-They are children's rights:
1o) Know who your parents are, be recognized by them and take their last names;
2o) Live within your family, without being able to separate them from their parents but from legal causes;
3o) Receive from your parents: parenting, education, protection, assistance and security; and,
4o) Inherit from your parents, on equal terms whatever your affiliation.
DUTIES
Art. 204.-Children's duties:
1o) Save your parents respect and consideration;
2o) Get them while in your personal care:
3o) Attend them in all circumstances that require it, especially in the
This obligation must be met in relation to the other ascendants, when they lack
the parents; and,
4o) Contribute to the family expenses, according to their possibilities, while living with their
parents.
OTHER RIGHTS AND DUTIES
Art. 205.-The enumeration of the rights and duties mentioned in this title, do not exclude the other recognized or established in the international conventions, in this code and other laws of
protection of the minor and the persons of the third age.
TITLE II
PARENTAL AUTHORITY
CHAPTER I
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GENERAL PROVISIONS
CONCEPT
Art. 206.-The parental authority is the set of powers and duties, which the law grants and imposes
to the father and the mother on their children under age or declared incapable, to protect, educate, assist and prepare for life, and in addition, to represent and manage their assets.
Child of the family is the subject of parental authority.
EXERCISE OF PARENTAL AUTHORITY
Art. 207.-The exercise of parental authority corresponds to the parent and the mother together, or to one of them only when the other is missing.
It is understood that the father or the mother is missing, not only when he or she has died or has been declared to be presumed dead, but when they are absent from the national territory, their whereabouts will be ignored or
will be rendered impossible.
When parents exercise jointly the parental authority, they may designate by common agreement who of them represent your minor or declared children, as well as who will manage your
assets. The respective agreement will be granted in public deed or in the minutes before the Attorney General of the Republic or the Departmental Auxiliary Prosecutors.
When the child's affiliation exists only in respect of one of the parents, this exercise the parental authority. If it has been established with opposition from the other parent, the parent shall not exercise the parental authority; however, the judge may, having regard to the child's interest, authorize the child to exercise it, when in turn he will be missing
the other parent.
PARENT ACTS
Art. 208.-The acts performed in the exercise of parental authority by one of the parents, in situations of extreme urgency in consideration of the uses or in special circumstances, are presumed
that have the consent of the other.
This presumption will not operate when the child needs to leave the country.
PARENTAL DISAGREEMENT
Art. 209.-If disagreements arise in the exercise of parental authority, any parent may go to the judge, who shall seek to compromise them, and if this is not possible, it shall resolve without trial the best interests of the child.
If the disagreements are repeated or there is cause of gravity that will hinder the exercise of parental authority, the judge may assign the whole or part to one of the parents. This measure will take effect during the period the judge will set, which may not exceed two years.
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UNDERAGE PARENTS
Art. 210.-The parent and the minor mother shall exercise parental authority over their children, but the administration of the goods and the representation in acts and contracts related thereto,
shall be assumed by those who have the authority parental or parental care, who will exercise it jointly. In case of disagreement the decision will be taken by a majority.
If those with parental authority, they incur frequent disagreements that seriously hinder the exercise of the administration and representation, the judge at the request of the person concerned or of the Attorney General of the Republic, shall appoint an administrator observing the provisions
in the art. 277.
The above rule will also apply, if the guardian is not common to both parents.
If only one parent is minor, the major will administer the goods and represent the child in the acts and contracts expressed.
CHAPTER II STAFF CARE
PARENTING
Art. 211.-The father and mother must raise their children with care; provide them with a stable home, adequate food and provide them with everything necessary for the normal development of their
personality, until they meet their age. The care function must take into account the child's abilities, abilities and inclinations.
WHEN DAUGHTERS AND CHILDREN WITH DISABILITIES WILL BE TREATED AND THESE WILL REACH THE AGE OF MAJORITY, THEY WILL CONTINUE TO ENJOY THE RIGHT TO FOOD. ACCORDING TO YOUR CONDITION, PROVIDED THAT SUCH SPECIAL CAPACITY IS ACCREDITED TO THE LEGAL AUTHORITY
COMPETENT. (7)
If the child reaches the age of majority and continues to study for both time and
in performance, food must be provided until completion of the studies or has acquired a profession or
The father and mother will be obliged to take care of their children from their conception.
DUTY OF COEXISTENCE
Art. 212.-The child under parental authority must live in the company of his father and mother or with that of them who has it under his personal care. You cannot, without your permission to leave the home and if you do so
parents may do so by using the procedure laid down in the law, if necessary.
The above applies to the case where the child's personal care has been trusted by parents or the judge, to another person.
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MORAL AND RELIGIOUS TRAINING
Art. 213.-The father and mother will be to fire the formation of their children within the canons of morality, human solidarity and respect for their fellow men; they will foster in them the unity of the family and their responsibility as children, future parents and citizens.
The religious formation of children will be decided by both parents.
EDUCATION
Art. 214.-It is the duty of the father and the mother to educate and integrate their children integrally, to facilitate them
access to the education system and to guide them in the choice of a profession or profession.
If the child suffers from physical or mental deficiency, The parents should seek special education
and if they are disabled or disabled, also seek their rehabilitation. In any case, they will ensure their well-being, even if they have reached the age of majority. If the physical or mental impairment prevents you from using yourself.
When in the youngest child there is a cause of disability and it is reasonably expected to continue after reaching the age of majority, before it is met, by the parents.
CORRECTION AND GUIDANCE
ART. 215.-It is the duty of the father and the mother to correct and moderately correct their children and to assist, if necessary, with specialised professionals or services of a pedagogical orientation in charge of educational institutions or protection institutions
In case the child's conduct cannot be corrected by the indicated means, the parent or the parent may ask the judge to provide tutelary measures, who to decide, order the studies
of the family group you consider convenient.
PERSONAL CARE AGREEMENTS
Art. 216.-The father and the mother must take care of their children. However, in situations of extreme urgency, they may, by common agreement, entrust such care for the duration of the same person of their trust,
without for such reason to neglect their parental duties; this faculty also has the father or the
when parents do not live in common, they will be separated or divorced, the personal care of the children will have any of them, as agreed.
Not to mediate agreement between the parents or being in the interest of the son, the judge will entrust his personal care to the father or mother who best guarantees her well-being, taking into account her age and the circumstances of a moral, emotional, family, environmental and economic nature that are present in each case.
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The child will be heard if he is older than twelve years and, in any case, the Attorney General of the Republic, who shall base their opinion on technical studies.
If none of the parents is fit to take care of the child, the judge may entrust it to another person applying in this case the provisions of Article 219.
WHENEVER THE JUDGE OR THE JUDGE TRUSTS THE PERSONAL CARE OF THE CHILD OR THE CHILD, IT WILL FIX THE AMOUNT OF THE FOOD WITH WHICH THE PARENTS WILL HAVE TO CONTRIBUTE, ACCORDING TO THEIR
RESPECTIVE POSSIBILITIES; LIKEWISE, IT WILL ESTABLISH THAT THE SPOUSE TO THE THE PERSONAL CARE OF THE CHILDREN AND THE CHILDREN SHALL BE ENTRUSTED TO THEM BY THE USE OF THE FAMILY HOUSING IN ACCORDANCE WITH ARTICLE 46 OF THIS LAW. (8)
RELATIONS AND TREATMENT
Art. 217.-The father and the mother, although they do not live with their child, must maintain with him the affective relations and the personal treatment that favors the normal development of his personality. Where necessary, the judge may regulate the time, mode and place required.
Who has the personal care of the child shall not be able to prevent such relations and treatment, unless at the discretion of the judge it is considered contrary to the interest of the child. If the judge does not take the measures that best protect such interest.
They also have the right to communicate with the child the grandparents, relatives and others who show a legitimate interest, provided that this is not the case. harmful to the physical and mental health
of the child.
ATTENDANCE
Art. 218.-Parents should be morally and economically assisting their children subject to parental authority, who will be involved in child or criminal proceedings and provide the expenses that
requires their legal assistance.
HIJO
Art. 219.-In the event of death, serious illness of their parents or when, for any other cause, the child shall remain helpless, the judge with the urgency of the case shall temporarily entrust his care to
any of his grandparents and if this is not possible,
The judge, in the choice of the person, will prefer the nearest degree consanguineos and in
special to the ascendants, taking into account the interest of the child.
CHILDREN ABSENT FROM THE HOME
Art. 220.-Whenever the child under parental authority or personal care, is absent from the home and is in urgent need and cannot be assisted by his or her parents or by any person under his or her personal care, the authorization of these for anyone to supply food to you.
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The one that will make the supplies, warn as soon as possible to the parents or the one who has the personal care or the Attorney General of the Republic or Department Auxiliary Attorneys
and will have the right in that case, to be restored the value of the supplied.
EXPENSES INCURRED BY THE CHILDREN
Art. 221.-The expenses incurred in carrying out the duties referred to in this chapter correspond to both parents in proportion to their economic resources, or to one of them only by
insufficiency of the other.
If the child has property own or rent, you will have to provide especially for your parenting expenses
and education and contribute to your family's expenses.
Grandparents are obliged to their economic possibilities to assume the expenses of
parenting and other referred to in this chapter, where the parents lack the resources.
CRIMINAL LIABILITY
Art. 222.-Parents who give up moral and physical material to their children, or cease to fulfil the duties inherent in the parental authority or abuse the right of correction, shall be liable in accordance with criminal law, without
CHAPTER III
REPRESENTATION OF CHILDREN
REPRESENTATION OF CHILDREN
Art. 223.-The father and mother who exercise the parental authority shall represent their minor or incapable children and shall ensure the preservation or defence of those they have conceived. The parent or
the mother to whom the child's personal care has been entrusted by judicial decision shall have sole legal representation of the child.
Except for such representation:
1o) Acts relating to rights of the personality and others that the child, according to the
law and the conditions of his or her maturity, can perform by himself;
2o) Acts relating to goods excluded from the management of parents; and,
3o) exist competing interests between one or both parents and the child.
LEGAL REPRESENTATION OF THE ATTORNEY GENERAL OF THE REPUBLIC
Art. 224.-The Attorney General of the Republic shall have the legal representation of the children orphans of the father and mother or of unknown parentage, or abandoned, of the greatest incapable, of the
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children who for legal reasons have left the parental authority and those who for any reason without legal representative, as long as they are not provided with a guardian. It will also be in the case of
ordinal 3o. of the previous article.
ADMINISTRATOR LEGAL REPRESENTATION
Art. 225.-The person designated in accordance with the rules of this Title only to administer the child's property shall have the legal representation of the child in the acts relating to the child's property.
CHAPTER IV OF THE ADMINISTRATION OF THE BIRES
DILIGENCE ON ADMINISTRATION
Art. 226.-The parents shall administer and care for the property of the children under their parental authority; they shall carry out all the ordinary administrative acts in order to preserve and make more productive such goods and shall be jointly and severally liable up to the mild fault.
ASSETS THAT PARENTS DO NOT ADMINISTER
Art. 227.-Parents shall not administer the assets acquired by the child for donation,
inheritance or legacy, where the donor or testator has expressly provided it, in which case the administration shall be in charge of the person designated by the donor or testator and, failing that, by which I will appoint the judge.
If only one parent has imposed the ban, the administration will be responsible for the other.
The parent will also not administer the property that has passed to the child due to indignity or inability of the father or mother or both.
ADMINISTERED BY THE CHILD
Art. 228.-The child shall administer the goods acquired with their work or industry, if they have already been fourteen years of age.
WAIVER OF INVENTORY OR CAUTION
Art. 229.-Parents shall not be obliged to invent the goods they administer. However,
must bear a circumstantial description of these assets since they begin to administer them.
They will also not be required to provide conservation and restitution. However, when
the administration of the child, the judge, on its own initiative or at the request of the child or the Attorney General of the Republic or the relatives of the child up to the fourth degree of consanguinity, may be in danger. require caution and dictate the measures it deems necessary for the security of the goods or appoint another administrator.
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NEED FOR JUDICIAL AUTHORIZATION
Art. 230. The parents may not transfer the domain of the child's personal and physical property, including those acquired with their work or industry, or mortgage their assets or acquire credits, without prior authorization from the judge, who only the will give when the need or the manifest utility
of the operation is credited.
IF THE JUDICIAL AUTHORIZATION IS TO SELL, THE SALE WILL BE MADE IN PUBLIC AUCTION
AND THE PRICE OF THE SAME WILL NOT BE LESS THAN THE VALUE THAT THE EXPERTS WILL ASSIGN THE GOODS. (9)
The sale of movable property whose value does not exceed one thousand colons shall not require judicial authorization. Nor shall it require the lease of the goods, whatever the class they may be; but the term of the lease shall not exceed three years, nor shall he fail to ensure that the son complies with the majority
of age, except as provided by law
HANDLING OF FUNDS FROM DISPOSAL
Art. 231.-Parents must invest the proceeds of the sale or the amount of the credit in what the judge authorizes and the balance, if any, deposit it immediately in a credit institution in favor of the child and use it for what is best suited to this, all of which will check the Attorney General
of the Republic.
The parents who will allocate the proceeds of the sale or the amount of the credit to different purposes of the
authorized, will be responsible in accordance with the law and must indemnify the child for the damages that will cause it.
SPECIAL PROHIBITIONS
Art. 232.-Parents may not repudiate a donation, inheritance or legacy in favor of the child, if not
is with judicial authorization, or accept a legacy that has been deferred to him, but with an inventory benefit.
In no case may force the child as a co-debtor or guarantor.
DESTINATION OF FRUITS
Art. 233. The fruits of all their property belong to the son. If the parents have insufficient economic resources or are insufficient, they must pay off the fruits of the goods they administer,
the sums necessary for the child's raising and education costs and if he is living with them, also for family expenses.
When the administration is exercised by another person, it must provide the parents or those with the child's personal care, the part of the fruits necessary for the purposes indicated.
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REMUNERATION FOR ADMINISTRATIVE ACTS
Art. 234.-The father and mother who exercise a complicated or difficult administration, or who demand permanent attention, shall be entitled to receive an economic remuneration to be fixed by the judge, taking into account the amount of the goods administered and the attention or effort
that your administration requires.
DEPRIVATION OF ADMINISTRATION
Art. 235.-The father and the mother shall be deprived of the administration of the child's property, when they are guilty of wilful or gross negligence, in which case the administration shall be exercised by the person
named by the judge. If only one of them is to blame, the other will retain administration.
ADMINISTRATION BY THIRD
Art. 236.-The administrator appointed in accordance with the rules of this Title shall be subject to the duties and prohibitions imposed on the parents for the administration of the child's property, and in addition,
shall have the powers and duties of the guardians.
PARENT OR ADMINISTRATOR AUTHORITY
Art. 237.-The child of the family, outside the case referred to in Article 228 of this Code, may not hold any act or contract without the authorization of the parents or the person who in his absence exercises the administration; if he does so, he shall not be obliged but up to the benefit that has been reported
of them and will respond with the goods that they have acquired through their work or industry.
The acts or contracts that the son of the family will celebrate with the authorization of his parents or of the person
that the administration exercises, or that these will ratify, will bind directly to the parents or the administrator and subsist the child to the benefit that the child has reported.
ADMINISTRATION OF THE ASSETS TO BE BORN
Art. 238.-The parents or the mother, if any, shall administer the goods that will eventually
belong to the unborn child, with the same powers and restrictions imposed in this chapter, as applicable.
CHAPTER V EXTINCTION, LOSS, SUSPENSION AND EXTENSION OF PARENTAL AUTHORITY
CAUSES OF EXTINCTION
Art. 239.-The parental authority is extinguished by the following causes:
1a) By the actual or presumed death of the parents or by the child;
2a) By the adoption of the child, except in the case of the second paragraph of Article 170;
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3a) By the child's marriage; and,
4a) age.
CAUSES OF LOSS
Art. 240.-The parent, mother or both shall lose parental authority over all their children, for any of the following reasons:
1a.) When they corrupt any of them or promote or facilitate their corruption;
2a.) When abandon any of them without justified cause;
3a.) When they incur any of the conduct referred to in Article 164; and,
4a.) When they are convicted as perpetrators or accomplices of any wrongdoing, committed in
CAUSES OF SUSPENSION
Art. 241.-The exercise of parental authority shall be suspended from the parent, or the mother or both,
for the following reasons:
1a) For habitually mistreating the child or allowing any other person to do so;
2a) For alcoholism, Notorious drug addiction or immorality that endangers the health, the
's safety, or morality;
3a) Because of mental illness; and,
4a) By absence of no justification or prolonged illness.
SENTENCE JUDICIAL
Art. 242.-The loss and suspension of parental authority shall be decreed by a court judgment, at the request of any consanguine of the son, or of the Attorney General of the Republic or by the judge of his office. In the judgment of suspension, the judge may order, as the case may be, that the father or mother
to whom the parental authority is suspended undergo psychopedagogical or medical treatment in order to facilitate its healing or regeneration.
Yes the loss or suspension of parental authority is delayed against one of the parents, the latter shall be fully exercised by the other, but if both parents are deprived or suspended such authority, a guardian shall be appointed as laid down in the Art. 299 of this Code.
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PRECAUTIONARY MEASURE
Art. 243.-As long as the judgment of loss or suspension of parental authority is dealt with, the judge may order the exclusion of the family of the father or mother who has given rise to the application and may decide to take care of the child to any of his or her Next, or in default, to a reliable person
and in the absence of each other, the child's income to a protection entity, seeking in any case the most convenient for this.
RECOVERY OF PARENTAL AUTHORITY
Art. 244.-The parental authority may recover when the causes that gave rise
cease, or when the regeneration or healing of the parent or the mother is tested.
EXTENSION AND RESTORATION OF PARENTAL AUTHORITY
Art. 245.-Notwithstanding the provisions of Article 239 (4a) of this Code, the parental authority shall be extended by the Ministry of Law if the child due to illness has been declared
to reach his/her majority of age.
The parental authority shall be restored to the oldest child who has not founded a family.
The extended or re-established parental authority shall be exercised by the parents to whom the child shall be entitled if the child is minor, and will be extinguished, lost or suspended by the causes
established in this chapter, as applicable.
PERSISTENCE OF ECONOMIC DUTIES
Art. 246.-The loss of parental authority or the suspension of their exercise, do not exempt parents from the fulfillment of the economic duties that this Code imposes on their children.
FOURTH BOOK
FAMILY ASSISTANCE AND GUARDIANSHIP
TITLE I
FOODS
ONLY CHAPTER
CONCEPT
Art. 247.-Are food the benefits that allow to satisfy the needs of sustenance, room, clothing, health conservation and education of the food.
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SUBJECT OF FOOD OBLIGATION
Art. 248.-Food should be reciprocated:
1o) Spouses;
2o) Ascendants and descendants; up to the second degree of consanguinity; and,
3o) Brothers.
FOOD TO PREGNANT WOMAN
Art. 249.-As defined in this Code, every pregnant woman has the right to demand food from the child's father, throughout the period of pregnancy and the three months
following the birth, including the costs of the child. parturition.
FOOD WITH MULTIPLE TITLES
Art. 250.-The person who brings together several titles to order food may only make use of one of them, and must first be required of the spouse and, failing that, the food he/she is with the food in the nearest degree of kinship.
PLURALITY OF FOOD
Art. 251.-When two or more food items have the right to be fed by the same person and the resources of the same person are not sufficient to pay all, they shall be in the following order:
1o) The spouse and the children;
2o) ancestors and other descendants; up to the second degree of affinity and
fourth of consanguinity;
3o) To the brothers.
However, the judge may distribute the food pro rata according to the circumstances of the
PLURALITY OF FEEDERS
Art. 252.-When two or more persons are obliged to give food for the same degree, the payment of the same shall be proportional to the economic capacity of each person; however, in the case of urgent need, the court may oblige one only of the feeders to which it is supplied
in its entirety, without prejudice to the right of the latter to claim to the others obliged the party that it will correspond to them to pay. In the judgment, the amount of the amount that will be paid to each one will be set, the sentence will have an executive force.
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ENFORCEABILITY
Art. 253.-The obligation to give food is required since food needs, but they must be from the date of the demand interposition.
SOLVENCY OF ALIMONY BENEFIT
Art. 253-A.-EVERY NATURAL PERSON OVER EIGHTEEN YEARS OF AGE FOR THE PURPOSES OF EXTENSION OR RENEWAL OF PASSPORT, DRIVER ' S LICENSE, CARD OF MOVEMENT AND LICENSE FOR THE HOLDING AND CARRYING OF FIREARMS, AS WELL AS FOR HIRING
OF COMMERCIAL LOANS, MUST BE SOLVENT OF THE OBLIGATION TO CONSTITUTE THE RIGHT OF ROOM ON A PROPERTY FOR THE FAMILY DWELLING, OR IN ITS DEFECT, OF THE QUOTA FOR HOUSING AND FOR OTHER PART OF THE PROVISION OF FOOD; DETERMINED IN THE
FIRST CASE, IN ACCORDANCE WITH ARTICLES 46 AND 111 OF THIS LAW, AND IN THE SECOND ON THE BASIS OF A JUDICIAL OR ADMINISTRATIVE DECISION OR A CONVENTION CONCLUDED WITH OR OUTSIDE THE ATTORNEY GENERAL ' S OFFICE, AS THE CASE MAY BE.
THE COMPETENT AUTHORITIES
TO THE EXTENSION OF THESE DOCUMENTS SHALL VERIFY THE SOLVENCY OF THIS OBLIGATION. " (4) (8)THE SOLVENCY REFERRED TO IN THE PRECEDING PARAGRAPH SHALL BE CONFIRMED BY THE
ATTORNEY GENERAL ' S OFFICE. REPUBLIC, WHO MUST ADMINISTER THE CORRESPONDING REGISTRATION, MUST UPDATE AND CONSOLIDATE IT WITH THE NECESSARY PERIODICITY TO GUARANTEE ITS EFFECTIVENESS AND AVOID ANY VIOLATION OF RIGHTS. TO THIS END,
THE ATTORNEY GENERAL OF THE REPUBLIC SHALL MAINTAIN SUCH REGISTRATION IN LINE WITH THE OFFICES IN CHARGE OF EXTENDING THE DOCUMENTS INDICATED IN THE PRECEDING PARAGRAPH. (4)
FOR THE PURPOSES OF THE REGISTRATION IN QUESTION, THE COURTS FAMILY AND PEACE COURTS MUST PROVIDE THE INFORMATION CORRESPONDING TO THE ATTORNEY GENERAL ' S OFFICE, WITH THE PERIODICITY THAT IT DETERMINES. (4)
IN CASE OF FAILURE OF THE COMPUTER SYSTEM OF THE REGISTRY, THE ATTORNEY GENERAL THE REPUBLIC SHALL ENSURE THE PROVISION OF THE SERVICE BY MEANS OF MEASURES
ALTERNATE OR PARALLEL BACKUP SYSTEMS THAT ARE REQUIRED. (4)
FOR THE PURPOSE OF OBTAINING THE SOLVENCY THAT EXEMPTS FROM THE OBLIGATION TO CONSTITUTE THE
ROOM RIGHT ON A PROPERTY FOR FAMILY HOUSING, THE PRESENTATION OF THE CERTIFIED COPY OF THE INSTRUMENT OF INCORPORATION REGISTERED IN THE ROOT AND MORTGAGE REGISTRY, REFERRED TO IN ARTICLE 46 OF THIS
LAW, OR TO BE UPDATED ON THE PAYMENT OF THE HOUSING FEE IN ACCORDANCE WITH THE PROVISIONS OF THE PROVIDED FOR IN ARTICLE 111 OF THE SAME LAW. (8)
THE INFRINGEMENT OF THE PROVISIONS OF THIS ARTICLE WILL MAKE THE OFFICIAL OR EMPLOYEE RESPONSIBLE FOR THE CORRESPONDING CRIMINAL SANCTIONS. (4)
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PROPORTIONALITY
Art. 254.-The food shall be fixed by each child, without prejudice to the persons established in Art. 251 of this Code, in proportion to the economic capacity of the person who is obliged to give them and the need for those who ask them. The personal condition of both and the obligations
family of the feeder will be taken into account.
PROVISIONAL FOODS
Art. 255.-As long as the obligation to give food is vented, the judge may order that they be given
provisionally since a reasonable basis is offered for this, without prejudice to his restitution if the person of whom he is required to obtain Absolute judgment. There shall be no right of restitution against which in good faith the claim has been attempted.
ADVANCE PAYMENT AND SUCCESSIVE
Art. 256.-Food pensions will be paid monthly in advance and succession, but the judge, depending on the circumstances, may point out quotas for shorter periods. For the food heirs, there will be no obligation to return what has been received in advance for food.
PAYMENT IN KIND
Art. 257.-The payment of the food obligation, in kind or in any other form, may be authorized where the judge's prudential judgment has grounds to justify it.
IMMIGRATION RESTRICTION
Art. 258.-THE COURT OF FAMILY, PEACE OR ATTORNEY GENERAL OF THE REPUBLIC
AT REQUEST OF A PARTY, MAY ORDER THAT A PERSON LIABLE TO THE PAYMENT OF PROVISIONAL OR DEFINITIVE FOOD, BY JUDGMENT, ADMINISTRATIVE DECISION OR CONVENTION, NO IT CAN LEAVE THE COUNTRY UNTIL IT HAS PREVIOUSLY AND SUFFICIENTLY FAILED TO DO SO.
THE RESOLUTION BY WHICH THE IMMIGRATION RESTRICTION IS ORDERED MUST BE ISSUED WITHIN 24 HOURS OF THE FILING OF THE APPLICATION. (4)
THE PRECEDING PARAGRAPH SHALL ALSO APPLY TO THOSE WHO FAIL TO CONSTITUTE THE RIGHT OF ROOM FOR A PROPERTY FOR FAMILY HOUSING OR WITH
THE PAYMENT OF THE HOUSING FEE, AS THE CASE MAY BE, IN THE TERMS SET OUT IN ARTICLES 46 AND 111 OF THIS ACT. (8)
DURATION AND MODIFICATION OF FOOD PENSION
Art. 259.-Food that is required by law is understood to be granted throughout the life of the food, provided that the circumstances that legitimized the demand persist.
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Food pension may be modified if you change the need for food or the economic capabilities of the feeder.
INALIENABLE and INALIENABLE
Art. 260.-THE RIGHT TO ASK FOR FOOD IS INALIENABLE AND INALIENABLE, BUT OVERDUE FOOD PENSIONS CAN BE COMPENSATED. (10)
The obligation to give food will not be able to compensate the food for what it owes to it.
PRESCRIPTION
Art. 261.-THE RIGHT TO COLLECT OVERDUE FOOD PENSIONS IS
IMPRESSIVE. (10)
INEMBARGABILITY
Art. 262.-The alimony is its totality is exempt from embargo.
CONVENTIONS BEFORE THE ATTORNEY GENERAL OF THE REPUBLIC AND RESOLUTIONS
Art. 263.-The food agreements between the feeder and the fed to the Attorney General of the Republic or the Departmental Auxiliary Procurators will be enforceable.
They will also have executive force. resolutions of the Attorney General's Office, which fix food pensions.
PREFERENCE AND RETENTION OF WAGES
Art. 264.-Food pensions shall be preferably in their entirety and when they affect wages, salaries, pensions, allowances or other forms of emoluments or benefits of employees
or public or private workers, shall be effective by the restraint system, without taking into account the restrictions on the embargability of other laws. The ordered retention must be immediately complied with by the person in charge of making the payments and, if not complied with, will be jointly and severally
obligation to pay the unretained food quotas, without prejudice to the the criminal liability in which he incurs for his disobedience.
The submission of the retentions shall be made by the person in charge, within three working days of the payment of the respective salary.
THE QUOTAS FOOD IS A MATTER OF PUBLIC ORDER. (5)
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PREVENTIVE ANNOTATION OF DEMAND
Art. 265.-The preventive annotation of the demand for food in the corresponding register may be requested.
The judge shall order it to be aware of the existence of registered goods or rights in favour of the feeder, in any register public.
ANNOTATION EFFECTS
Art. 266.-The preventive annotation of the lawsuit annuls any post-sale to the same
and its effects will last until the cancellation is ordered by judicial decree.
However, there will be no nullity in the disposal if it is verify by auction or adjudication
judicial, provided that the preventive annotation of the food demand is after the date on which the execution or the proceedings that gave rise to the disposal were promoted.
CANCELLATION
Art. 267.-The judge shall order of its own motion the cancellation of the preventive annotation of the claim when the defendant is acquitted or is present by the feeder sufficient guarantee to cover the pension
food fixed by judicial decision, for all the time that is missing for the food minor to arrive at the age of majority, or for a period of not less than five years for the persons established in Art. 248 of this Code.
Such cancellation shall also be made when it is entered the amount of money sufficient for the payment of the food, for the same periods as the Previous subsection
DOLO AND FALSEHOOD
Art. 268.-In the case of a food for food, they shall be jointly and severally liable for the restitution and compensation of damages, all those who have participated in it.
The falsehood in which the feeder, his employer, boss or in order to hold holds, in order to hide or alter the true income of the former, will make them incur
criminal liability.
LOSS OF ENTITLEMENT
Art. 269.-Perdera the right to order food:
1o) The one who committed a crime against the legal goods of the feeder;
2o) The one who has lost the parental authority; and
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3o) The parent or parent who has been suspended in the exercise of the authority parental, except where the cause of the suspension is caused by dementia or prolonged illness
of the feeder, but the loss will be limited to the time that such an exercise is suspended; and,
4o) When the food is physically maltreated or morally to the feeder;
OBLIGATION CESSATION
Art. 270.-The obligation to give food will cease:
1o) By the death of the food;
2o) When the food, due to its indolence or vices will not be dedicated to work or study with
profit and performance, being able to do it;
3o) When the food ceases to need them;
4o) When the feeder, by giving them, is in a position to neglect its own food needs, or those of other people who have preferential right, with respect to the feeder; and,
5o) When the food is physically and morally maltreated by the food;
VOLUNTARY FOOD ALLOCATIONS
Art. 271.-The voluntary food allocations made in will or by donation between
living and the facts before the Attorney General of the Republic shall be governed by the will of the testator or donor and the respective agreement, provided that counter the provisions of this Code.
TITLE II
THE GUARDIANSHIP
CHAPTER I PROVISIONS SETTINGS
CONCEPT
Art. 272.-The guardianship or guardianship is a charge imposed on certain persons in favor of minors
of age or incapable not subject to parental authority, for the protection and care of their person and property and to represent them legally.
guardianship of the married minor shall be limited to the administration of his assets and to the representation in acts and contracts related thereto.
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Persons exercising guardianship are called guardians or guarders; and tutored subjects to it.
ENFORCEMENT
Art. 273.-They are required to carry out the protection of the child or the relatives who are fully capable.
In the absence of relatives of the minor or incapable, any person who meets the legal requirements and consents shall be able to exercise the office. this.
CLASSES
Art. 274.-The guardianship may be testamentary, legitimate or dative.
It is testamentaria that is constituted by testament; legitimate, that which is conferred by the law; and dativa, that conferred by the judge.
PLURALITY OF GUARDIANS
Art. 275.-As a general rule, the guardianship shall be exercised by a person; however, they may
exercise it several times when the testator has so disposed; or the judge considers it appropriate to the interests of the pupil.
PLURALITY OF DESKS
Art. 276.-When multiple siblings are submitted, a single guardian will be appointed for all
them, unless it is in the interest of them to appoint different tutors to each one. The same rule applies in the case of underage spouses.
Two or more persons may also be placed under the same protection, provided that they include the indivision of the assets. Divided the heritages, they are considered as many tutfabrics as heritages result.
SUITABILITY OF THE TUTOR
Art. 277.-The appointment of a guardian shall be the responsibility of the person for his or her personal conditions and his or her relations with the minor or incapable person. As a rule, you will try to tutor and polish them.
SPECIFIC TUTORS
Art. 278.-When there is a conflict of interests between the pupils subject to the same protection, the judge will provide them with specific tutors for the attention and termination of the conflict, which will be terminated.
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When the conflict has a place between the tutor and the pupil, the representation of This will be the responsibility of the Attorney General of the Republic and Departmental Auxiliary Attorneys.
NECESSARY PROVIDENCES
Art. 279.-As long as no guardian is appointed or the position is not discerned, the judge, on his own initiative or at the request of the Attorney General of the Republic or Departmental Auxiliary Prosecutors, shall issue the necessary provisions for the care of the child or the child. and the security of your assets.
AUDIENCE TO MINORS
Art. 280.-Children who have already been twelve years of age shall be heard prior to the appointment of a legitimate or a dative guardian, or to the discretion of the charge in respect of the testamentary guardian.
If the minor shall manifest that the person who has exercise the guardianship is not suitable as provided in article 277, the judge will make the investigations that it deems appropriate and, if it considers it
appropriate, will hear the Attorney General of the Republic, after which it will make or not the appointment, or discernira the charge, or leave without effect the appointment of the guardian testamentario, all if the benefit of Less so will it be required.
APPOINTMENT OF ASSET MANAGER
Art. 281.-The one who disputes goods for free in favor of minors or incapable, subjects
to guardianship, may condition the liberality, to which the goods do not administer the guardian, but another person that designates to the effect. In such a case, the judge, after hearing the Attorney General of the Republic or the Departmental Auxiliary Attorney that corresponds, shall authorize the acceptance of the liberality, except
that is inconvenient to the interests of the child, to accept it in the terms in which it is made.
Case of the acceptance, if no person assigned to the administration or
she will not accept the charge or is not suitable, will make the judge the designation.
RULES applicable TO THE ASSET MANAGERS
Art. 282.-The administrators of certain goods of a minor or incapable, shall be subject to the provisions concerning the guardians, in whatever applicable.
JUDICIAL CONTROL OF THE GUARDIANSHIP
Art. 283.-The guardianship shall be exercised under the supervision of the judge, who shall act ex officio, at the request of the Attorney General of the Republic or Departmental Auxiliary Prosecutors, or of any interested party. The judge may establish in the resolution by which the guardianship is discerned, or in another
subsequent, the supervision and control measures that it deems appropriate for the benefit of the pupil.
It may also at any time, require from the tutor who reports on the status of the tutelate and the state of the administration.
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CHAPTER II
SPECIAL PROVISIONS FOR EACH TUTELAGE CLASS
FIRST TESTAMENTARY GUARDIANSHIP
RIGHT TO APPOINT GUARDIAN
Art. 284.-They may appoint guardian by will:
1o) The parent or parent for children who are under their parental authority;
2o) Grandparents, for grandchildren who are subject to their guardianship; and,
3o) Any other person, for the less or incapable than the institution of the heir or the licensee.
When parents exercise parental authority, or when grandparents exercise joint tutelage, only the appointment of a guardian made by any of the parents will be effective. parents or grandparents who will ultimately die.
SURROGATE TUTORS
Art. 285.-When the testator appoints several tutors to replace each other, and shall not fix the order in which they are to exercise the tutelage, the judge shall appoint among them the most appropriate person, in accordance with the criteria laid down by him. Article 277 of this Code.
TRANSFER OF GUARDIANSHIP
Art. 286.-If a legitimate or dative guardian is in exercise, the testamentary shall be filed, the guardianship shall be transferred immediately, unless the judge decides otherwise in the interest of the tutoring.
SECTION SECOND LEGITIMATE GUARDIANSHIP
PART FIRST LEGITIMATE GUARDIANSHIP OF MINORS
PEOPLE CALL
Art. 287.-In the absence of testamentary guardianship takes place the legitimate one.
They are called to the legitimate protection of minors, in the order in which they are stated:
1o) Grandparents;
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2o) Brothers;
3o) The uncles; and,
4o) The sibling cousins.
The judge may change the order above, or dispense with it, where there are justified reasons.
RELATIVES OF THE SAME DEGREE
Art. 288.-Where there are two or more relatives of the same degree, the judge shall appoint a guardian between
to the extent that he is most appropriate in accordance with Article 277.
MARRIED CHILD TUTOR
Art. 289.-Notwithstanding the order of appeal referred to in Article 287, in the case of a married minor shall be entitled to his legitimate guardian, first of all his spouse, if he is greater
, without prejudice to the provisions of the end of that same article.
When both are minor, the provisions of Article 276 of this Code will be provided.
PART SECOND LEGITIMATE GUARDIANSHIP OF DISABLED SENIORS
BUDGETS OF THE GUARDIANSHIP OF THE ELDERLY
Art. 290.-The elderly will be subject to guardianship when they are declared unfit and provided that they are not under extended or restored parental authority.
PERSONS CALLED
Art. 291.-They are called to the legitimate guardianship of the disabled seniors, in the order
next:
1o) The spouse;
2o) Children;
3o) Parents;
4o) Grandparents;
5o) Brothers;
6o) uncles; and
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7o) Brothers cousins
For the appointment of the guardian, the provided in Article 277 of this Code.
INABILITY
Art. 292.-No one can be declared incapable but by judicial judgment, by virtue of causes
legal and with the intervention, in his defense, of the Attorney General of the Republic or the Departmental Auxiliary Prosecutors.
INABILITY
Art. 293.-These are causes of incapacity:
1a) Chronic and incurable mental illness, even if there are lucid intervals and,
2o) The deafness, unless the deaf can understand and understand undoubted.
AUTHORIZATION INTERNMENT
Art. 294.-The detention of an alleged mentally ill in psychiatric facilities requires prior judicial authorization, unless it is necessary for a serious urgency to take such a measure, in which
case the head of the center who will accept the He shall immediately inform the judge, and the family of that or his representative if they are known, and in any case the Attorney General of the Republic or Departmental Auxiliary Prosecutors, on the penalty of incurring the responsibility of the
mentioned headline.
MENTAL ILL ACTS AND CONTRACTS
Art. 295.-The acts and contracts of the mentally ill, after the declaration of incapacity, are null, even if it is alleged to have been executed or celebrated in a lucid interval; by
the contrary, the acts and contracts executed or concluded before of the disability decree, they are valid, unless it was proven that the one who executed them or celebrated was then mentally ill.
INABILITY OF MINORS
Art. 296.-The minors may be declared incapable, at the request of those who exercise
the parental authority or the guardianship, or the Attorney General of the Republic or Departmental Auxiliary Prosecutors, when it is reasonably foreseen that The cause of disability will persist after the age of the majority. This declaratory shall aim for the full
of the right to theauthority or the guardianship.
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EXTENSION OF GUARDIANSHIP
Art. 297.-The guardian of the minor incapable will continue in full right in the performance of the position, after having reached the pupil of age.
REHABILITATION
Art. 298.-The incapable of mental illness can be rehabilitated, if it appears that it has
recovered the reason permanently.
It may also be rehabilitated to the deaf unable, when it has been made able to understand and to give itself
to understand Undoubted way, if the same will apply.
THIRD SECTION
TUTORING
APPOINTMENT OF GUARDIAN
Art. 299.-In the absence of legitimate guardianship the dativa takes place. The judge shall appoint a guardian to the person who satisfies the conditions set out in Article 277 of this Code.
Whoever has received an ex-or abandoned child shall be preferred in the appointment of a guardian, provided that the conditions are met. legal.
OBLIGATION TO PROVIDE TUTOR
Art. 300.-The judge of trade, will provide a guardian to the minor or incapacitated who does not have it, in
as soon as he has knowledge of the fact by any means.
The Attorney General of the Republic or Departmental Auxiliary Prosecutors, will ensure
because there are no minors or unable without a keeper.
CHAPTER III
GUARDIAN SKILLS, EXCUSES AND REMOVAL
SKILLS
Art. 301.-They cannot be guardians:
1o) The minors and the incapable;
2o) Those sentenced to any custodial sentence, while they are serving the
conviction, and those prosecuted for any wrongdoing that they make They will not properly perform guardianship;
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3o) Those who have been removed from another guardianship, or have not obtained the approval of your administration's accounts or have not paid the balance that will result in
your counter;
4o) Those who will observe immoral conduct or suffer from illness or vice that may
endanger health, security or moral of the minor or incapable;
5o) The declared bankruptcy or contest;
6o) they have pending litigation of their own or their spouse or life partner, their ascendants, descendants, or spouse or survivor of any of these, against
the child or the child;
7o) Those who have lost the parental authority or have been suspended in
the exercise of the same, or have been deprived of the administration of the children's property;
8o) The creditors or debtors of the minor or incapable, by amount appreciable in relation to the goods of at the discretion of the judge, unless with knowledge of the debt or credit, they have been appointed by testament;
9o) The blind; and the deaf when they cannot be understood;
10o) Those who are not domiciled in the Republic;
11o) Those who have significant conflicts of interest with the minor or incapable; and,
12o) The enemies of the parents and the ancestors of the child or incapable.
EXCUSES
Art. 302.-They may be excused from guardianship:
1o) Those who have another guardianship, except in the case of siblings;
2o) Those over sixty years;
3o) Those who have three or more children under their parental authority;
4o) Those who, for their limited resources, are unable to attend the post without detriment to their subsistence;
5o) Those suffering from chronic illness that prevent them from fulfilling the duties of the office; and,
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6o) Those who have to be absent from the Republic for more than six months or
While it is resolved about the excuse, the one who has proposed it will be obliged to exercise the charge, unless the judge resolves otherwise in the interest of the pupil.
SANCTION OF THE TESTAMENTARY GUARDIAN
Art. 303.-The testamentary guardian who will be excused from office will lose everything that has been assigned to him in the will.
CAUSES OF REMOVAL
Art. 304.-They will be removed from the guardianship:
1o) Those to whom, after discernible the charge, they overcome any of the inabilities listed in Article 301 of this Code;
2o) Those who will perform the charge with negligence, ineptitude or infidelity;
3o) Those who promote or favor corruption or crime of the pupil;
4o) Those who mistreat or abandon the tutoring;
5o) Those who knowingly have committed inaccuracy in the inventory;
6o) Those who are absent from the place of their domicile for more than six months; and,
7o)
SANCTION THE LEGITIMATE GUARDIAN
ART. 305.-The legitimate guardian who is removed from the guardianship, will lose the right to happen
abdicate to the pupil.
CHAPTER IV
EXERCISE OF GUARDIANSHIP
DISCERNMENT OF OFFICE
Art. 306.-The guardian will not be in charge, but after the judge has been discerned. Discernment will be marginalized in the birth of the pupil. No guardianship can be discerned
without having fulfilled all the requirements that this Code requires. However, it may be discernible that the inventory and guarantee faction and the guarantee constitution have not been met for the sole purpose of representing the tutoring in judgment, but the keeper shall not be conferred until he or she complies with the requirements.
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INVENTORY AND VALUE OF PROPERTY OF THE PUPIL
Art. 307.-The guardian must initiate the proceedings of inventory and the goods of the child's property, within eight days of the acceptance of the charge. The inventory must be carried out in accordance with the provisions of the Civil Code, within a period that will not exceed thirty days, with
intervention by the Attorney General of the Republic or by the Departmental Auxiliary Attorney, in his case. The previous period may be extended by the judge, according to the circumstances.
In no case, nor will the guardian be exempt from this obligation, or even at the disposal of the testator.
GUARANTEE OF ADMINISTRATION
Art. 308.-Practiced inventory and endorsement, the guardian shall constitute a guarantee of administration, except that it has been relieved of this obligation by the testator.
WARRANTY FOR CAUSE OVER-COMING
Art. 309.-When after the discernment of the guardianship, over-come or is discovered cause to make compulsory the course, the judge will make the same guardian, or the Attorney General of the Republic or the Auxiliary Attorneys Departmental, for the effect of constituting the warranty.
WARRANTY COVERAGE
Art. 310.-The guarantee shall cover, at least:
1o.) The amount of the movable property the guardian receives;
2o.) The average of the income of the goods in the last three years prior to the guardianship; and,
3o.) uppilo can receive from any company for a year.
The warranty must be increased or decreased, as altered or variated by the values expressed.
ELIGIBLE WARRANTY
Art. 311.-The security may consist of a mortgage or a pledge, or a bond granted by credit institutions or insurance or bond companies. The personal guarantee, even the course
oath, shall be admissible, provided that at the discretion of the judge it is sufficient, taking into account the value of the inventoried assets and the solvency and good reputation of the guardian.
The effects or values Given in garment, they will be deposited in a credit institution or auxiliary organization.
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BUDGET
Art.-312.-Within thirty days after the of the beginning of the exercise of the guardianship, the keeper must submit to the approval of the judge the budget of the necessary expenses for the food of the pupil and the administration of its goods, and the plan of employment of the revenues
surplus. For subsequent years, such budgets and projects shall be subject to judicial approval, at least thirty days before each annual exercise is initiated.
To cover non-budgeted expenditure in excess of one thousand colons, the guardian require prior judicial authorization; unless this is a serious and urgent need, in which case the expenditure may be effected and subject to ratification by the judge, within 15 days of its
erogation.
EXERCISE OF GUARDIANSHIP BY MULTIPLE GUARDERS
Art. 313.-When the guardianship is exercised by several keepers, the following rules shall be observed:
1a.) The powers that correspond to them shall be exercised jointly by them, but it shall be valid for the agreement of the largest number. In the absence of agreement, the judge, after hearing them and the pupil if he is greater than twelve
years, will decide what he sees fit. If the disagreements are repeated and seriously hinder the exercise of the guardianship, the judge may rearrange his or her composition or provide new tutors to the pupil;
2a.) If the testator has expressly arranged it or the guardiors request, the judge may decide that the functions of the guardianship be distributed among the tutors,
each of which will act independently in the field of its competence, but if there are decisions that concern all, as to they will be observed the preceding rule; and,
3a.) When for any cause missing any of the guardiors, the guardianship subsist with the others, unless in the making of the appointment has been arranged otherwise.
DUTIES AND FACULTIES
Art. 314.-The guardian has in respect of his pupil the same powers and duties as the law grants and imposes on the parents in relation to their children, with the legal modifications and limitations.
The pupil owes respect and obedience to his guardian.
CARE OF THE PUPIT. DISABILITY CASES
Art. 315.-The tutor is obliged to take care of the pupil as a good parent; and if the pupil has been declared incapable, to do whatever is necessary so that he can fend for himself and be rehabilitated.
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When in the minor pupil there is a cause of incapacity and is foreseen Reasonably will continue after reaching the age of majority, before the compliance, the guardian must request
the corresponding declaratory, for the purposes foreseen in this Code.
EDUCATION OF THE PUPIL. CHOICE OF PROFESSION OR TRADE
Art. 316.-It is the duty of the tutor to educate and to form integrally in the pupil, to provide access to the educational system and to guide him in the choice of a profession or profession.
If the pupil had initiated studies to obtain any profession or profession, while under parental authority, the guardian will not be able to vary them without judicial authorization, for which the judge will take
into account the opinion of the child and his or her aptitudes and circumstances.
Art. 317.-The underage pupil shall have the same administrative powers as the child of the family, in respect of the goods acquired with his own work or industry.
RIGHT OF THE PUPIL IN THE ADMINISTRATION
Art. 318.-Minor pupils, who have completed fourteen years, are entitled
to be associated with the tutor in the administration of the pupillary goods, for their training, information and knowledge. The exercise of this right does not exempt the liability keeper.
DEPOSIT IN CREDIT INSTITUTION
Art. 319.-The alhajas, precious furniture and securities which at the discretion of the judge should not be
held by the guardian, shall be deposited in a credit institution in favor of the pupil.
DEPOSIT OF MONEY
Art. 320.-The guardian must deposit the pupil's money in a credit institution, keeping the accounts of it separate from its own.
OBLIGATION TO RECOGNIZE LEGAL INTEREST
Art. 321.-The guardian will respond to the legal interests of the pupil's capital, when by default or negligence it will remain unproductive.
JUDICIAL AUTHORIZATION
Art. 322.-The tutor needs judicial authorization:
1o.) To be able to enter the pupil in a mental health or education or special training facility;
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2o.) To dispose or tax real estate or real rights of the pupil; to give the first tenancies for more than three years, or for longer than the one missing the
minor to reach his or her age, or with an income advance for more than one year; to make or recognize improvements that are not necessary; to constitute passive easements; and, in general, to conclude another class of contracts affecting the estate
of the pupil, provided they are of more value than a thousand colons. The lease contracts referred to in this ordinal may not be voluntarily extended;
3o.) To repudiate inheritances, legacies, and donations in favor of the pupil;
4o.) To compromise or compromise on arbitrators that the pupil has an interest;
5o.) P will pay credits against the pupil;
6o.) To resolve the form, conditions and guarantees in which it must place credit
the money of the pupil; and,
7o.) other cases provided by law.
SALE OF SECURITIES, FRUITS AND CATTLE
Art. 323.-The sale of securities may be made without judicial authorization, but never by
less than the book value, or from which the day of the sale is listed if there is a stock exchange.
The fruits and cattle may be sold without judicial authorization, provided that its value is not
lower than the one that is listed on the day of the sale.
The operations referred to in this article must be checked by the guardian when they are held accountable.
UTILITY OR NEED
Art. 324.-The authorization to dispose or tax the real estate, the real rights and the movable property of the pupil that value more than one thousand colones, will proceed only because of utility
or of necessity checked.
The authorization does not is necessary when the sale of the goods from the pupil corresponds to the turn
ordinary of their business.
PROHIBITED ACTS TO THE GUARDIAN
Art. 325.-The tutor is prohibited:
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1o.) Contreat by case, by person or in the name of another with the pupil, or accept against the credits, rights or actions, unless they result from legal surrogacy.
This prohibition extends to the spouse, ascendants, descendants and brothers of the tutor;
2o.) Discharge for free of the goods of the pupil, except donations in money and other movable property in favour of a consanguineum required, authorized by the judge, for reasonable cause;
3o.) Accept donations of which it was his pupil, without being approved the accounts of his administration and cancelled the balance that will result against him, except when the guardian
is Parent, spouse, survivor, or sibling of the donor;
4o.) Make a referral of the pupil's rights;
5o.) Accept without inventory benefit the heirlooms to the pupil; and,
6o.) Accept without reservation the disposals of rights or credits that the creditors of the pupil make to third parties.
SPECIAL BAN
Art. 326.-When the person or property of the pupil is insured, it is prohibited to designate the guardian as a beneficiary. This prohibition applies to the spouse, survivor, ascendant,
descendants and siblings of the keeper.
GUARDIAN REMUNERATION
Art. 327.-The guardianship entitles to a remuneration, which shall be paid annually and which shall not be reduced from five per cent a year and shall not exceed the fifteen per cent annual income and liquid products
of the property of the pupil.
When the remuneration has not been fixed in the will, or where without the negligence
of the guardian, there are no income or products, the judge will fix it taking into account the importance of the flow of the pupil and the work that causes the exercise of the tutelage.
If the pupil does not have any goods or these are meager, the guardian shall exercise the charge free of charge.
LOSS OF RETRIBUTION
Art. 328.-When the guardian has been removed for cause imputable to him, he shall not be entitled to any remuneration.
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OBLIGATION TO HOLD ACCOUNTS
Art. 329.-The guardian is obliged to carry accurate and verifiable accounts of all the operations of his administration, in books authorized by the judge who discerned the guardianship. Upon completion, you will present a memory summarizing the actions of your administration.
END OF THE TUTELAGE
Art. 330.-The guardianship ends:
1o.) For reaching the pupil's age, except that the guardianship has been extended;
2o.) For the death of the pupil or the guardian;
3o.) For rehabilitation of the incapacitated; and,
4o.) the pupil subject to parental authority.
The termination will be marginalized in the birth certificate of the pupil.
CHAPTER V ACCOUNTABILITY
OBLIGATION TO RENDER ACCOUNTS
Art. 331.-The guardian must be held to account at the end of each year of his or her management and at the end of the guardianship
or cease in office.
The accountability shall be made before the judge, with the intervention of the Attorney General of the
Republic or of the Departmental Assistant Attorney.
Annual accountability must be done within thirty days of the
end of the year of management. This will apply when the guardian has ceased office.
In any case, the accounts will be subject to the approval of the judge.
DEADLINE FOR FINAL ACCOUNTABILITY
Art. 332.-The final surrender of accounts shall be made by the guardian or his heirs to the pupil, or to the heirs of the latter, or to whom he represents, within sixty days of the termination of the tutelage. If you do not surrender, you will be liable for the damages that I will make to the pupil or your heirs,
other than the criminal liability you may be responsible for.
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SUPPORTING DOCUMENTS
Art. 333.-Accounts must be accompanied by supporting documents.
EXPENSE OF ACCOUNTABILITY
Art. 334.-The expenses of the accountability will be charged to the one who was subjected to guardianship.
OBLIGATION TO DELIVER THE GOODS OF THE PUPIL
Art. 335.-The guardian, upon completion of the guardianship, must deliver to the one that was its pupil all the goods
and documents belonging to the latter.
OBLIGATIONS OF THE GUARDIAN THAT REPLACES ANOTHER
Art. 336.-The guardian to replace another must require the delivery of goods and accountability to which it has preceded it, so it is worth responding to the damages caused by its omission.
INTERESTS
Art. 337.-The balance of the accounts for or against the guardian shall be the legal interest; in
the first case, since the pupil is required for payment, after the delivery of the goods; and in the second case, from the day following the expiration of the deadline to render the accounts.
PRESCRIPTION
Art. 338.-The actions and obligations that reciprocally correspond to the guardian or to which it was
its pupil, by reason of the exercise of the guardianship, prescribe in four years of its completion.
CHAPTER VI
RECORD OF TUTORING
REGISTRY AND SUBJECT INSTITUTIONS TO ENROLL
Art. 339.-In the courts of first instance with jurisdiction in family matters, a record of tutoring will be carried out, in which the discernment and termination of the guardianship, the
removals " and the excuses of the guardians, the results of inventories and accountability, administration expense budgets, as well as all resolutions that may modify the personal or property status of tutored.
The inventory, with the receipts of deposit and other supporting documents of the accounts held by the guardian, shall be kept in file separate.
INDEX
Art. 340.-An index of the cloths will be carried, in alphabetical order of the last name of the tutored.
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RECORD MANAGER
Art. 341.-Registration will be carried out by the judge, who will order the seats and their modifications and issue the certifications.
MARGINS ON ACCOUNTABILITY
Art. 342.-At the beginning of each annual exercise of the guardianship, it will be stated, at the margin of each
registration, if the guardian obliged to give accounts of its management, has rendered them or not.
MANDATORY REVIEW OF INSCRIPTIONS
Art. 343.-In order to comply with the attribution conferred on it by Article 283 of this Code, the judge will have to examine frequently the inscriptions of the register, in order to adopt the providences
necessary for the defense of the interests of the tutored.
FIFTH BOOK
MINORS AND SENIORS
TITLE FIRST
THE MENTS
CHAPTER I
GUIDING PRINCIPLES, FUNDAMENTAL RIGHTS AND DUTIES FROM THE LESS
SPECIAL REGIMEN
Art. 344.-REPEALED BY D.L. No. 839/09
DEFINITION OF MINOR
Art. 345.-REPEALED BY D.L. No. 839/09
INTEGRAL PROTECTION
Art. 346.-REPEALED BY D.L. No. 839/09
RESPONSIBILITY OF THE FAMILY, THE COMPANY AND THE STATE
Art. 347.-REPEALED BY D.L. No. 839/09
STATE SPECIAL PROTECTION
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Art. 348.-REPEALED BY D.L. No. 839/09
NO DISCRIMINATION
Art. 349.-REPEALED BY D.L. No. 839/09
LOWER INTEREST
Art. 350.-REPEALED BY D.L. No. 839/09
FUNDAMENTAL RIGHTS OF MINORS
Art. 351.-REPEALED BY D.L. No. 839/09
CHILDREN ' S DUTIES
Art. 352. -REPEALED BY D.L. No. 839/09.
CHAPTER II PROTECTION OF THE MENOR
PROTECTION TO LIFE AND HEALTH
Art. 353.-REPEALED BY D.L. No. 839/09.
STATE OBLIGATION
Art. 354.-REPEALED BY D.L. No. 839/09.
MEDICAL ASSISTANCE
Art. 355.-REPEALED BY D.L. No. 839/09.
EDUCATIONAL protection
Art. 356.-REPEALED BY D.L. No. 839/09.
INVOLVED IN EDUCATIONAL PROTECTION
Art. 357.-REPEALED BY D.L. No. 839/09.
MANDATORY ENROLLMENT
Art. 358.-REPEALED BY D.L. No. 839/09.
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INITIAL EDUCATION
Art. 359.-REPEALED BY D.L. No. 839/09.
REQUIRED TO ENSURE ATTENDANCE AT THE EDUCATIONAL CENTER
Art. 360.-REPEALED BY D.L. No. 839/09.
MEASURES TO PREVENT SCHOOL DROPOUT
Art. 361.-REPEALED BY D.L. No. 839/09.
STUDY PRIORITY OBJECT
Art. 362.-REPEALED BY D.L. No. 839/09.
SUPPORT FOR CONTINUING HIGHER STUDIES
Art. 363.-REPEALED BY D.L. No. 839/09.
SPECIAL EDUCATION
Art. 364.-REPEALED BY D.L. No. 839/09.
LOWER MORAL PROTECTION
Art. 365.-REPEALED BY D.L. No. 839/09.
PROTECTING THE DIGNITY OF THE CHILD
Art. 366.-REPEALED BY D.L. No. 839/09.
CHILD IDENTITY PROTECTION
Art. 367.-REPEALED BY D.L. No. 839/09.
NON-FIT SHOWS FOR MINORS
Art. 368.-REPEALED BY D.L. No. 839/09.
BAN ON SELLING HARMFUL PRODUCTS
Art. 369.-REPEALED BY D.L. No. 839/09.
BAN ON COMMERCIAL MESSAGES
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Art. 370.-REPEALED BY D.L. No. 839/09.
PLACES NOT SUITABLE FOR MINORS
Art. 371.-REPEALED BY D.L. No. 839/09.
BAN ON SELLING IMMORAL MATERIAL
Art. 372.-REPEALED BY D.L. No. 839/09.
PUBLICATION BAN
Art. 373.-REPEALED BY D.L. No. 839/09.
SANTION
Art. 374.-REPEALED BY D.L. No. 839/09.
BACKUP WARRANTY
Art. 375.-REPEALED BY D.L. No. 839/09.
JOB PROTECTION
Art. 376.-REPEALED BY D.L. No. 839/09.
BAN
Art. 377.-REPEALED BY D.L. No. 839/09.
INDEPENDENT JOB
Art. 378.-REPEALED BY D.L. No. 839/09.
THE LOWEST DISABLED WORKER
Art. 379.-REPEALED BY D.L. No. 839/09.
WORKER PROTECTION
Art. 380.-REPEALED BY D.L. No. 839/09.
IMMEDIATE MEDICAL CARE
Art. 381.-REPEALED BY D.L. No. 839/09.
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LEARNING
Art. 382.-REPEALED BY D.L. No. 839/09.
CULTURE, RECREATION AND SPORTS
Art. 383.-REPEALED BY D.L. No. 839/09.
ARTISTIC FREEDOM
Art. 384.-REPEALED BY D.L. No. 839/09.
BEGGING ERADICATION
Art. 385.-REPEALED BY D.L. No. 839/09.
WARRANTY AGAINST VIOLENCE
Art. 386.-REPEALED BY D.L. No. 839/09.
PHYSICAL AND MENTAL ABUSE
Art. 387.-REPEALED BY D.L. No. 839/09.
LEGAL ASSISTANCE
Art. 388.-REPEALED BY D.L. No. 839/09.
TITLE II
SENIORS
CHAPTER I
GUIDING PRINCIPLES, FUNDAMENTAL RIGHTS AND DUTIES OF SENIORS
CONCEPT
Art. 389.-It is understood by persons of the third age, who would have been sixty
years of age or more. In case of doubt, a person will be presumed to be of the third age.
SPECIAL REGIME
Art. 390.-The special regime of third-age persons establishes the principles on which their protection is based; it recognizes and regulates their rights and duties; as well as the duties of the family, society and the State, in order to guarantee them integral protection.
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This regime will apply to agencies, authorities and people in general, whose activities are related to the treatment or care of seniors.
INTEGRAL PROTECTION
Art. 391.-The protection of the elderly will especially include the physical, gerontological, geriatric, psychological, moral, social and legal aspects.
Essential aspects of the integral protection of people are considered. The third age is the affection, respect, consideration, tolerance, attention and personal care, the appropriate environment, the calm and the right spreads.
RESPONSIBILITY OF THE FAMILY, THE COMPANY AND THE STATE
Art. 392.-People of the third age, have the right to live at the side of their family, being the main person responsible for their protection; society and the state will assume it, when they lack the family or when they have, are not capable of provide adequate protection.
Interment in nursing homes or retirement homes will be the last measure to be applied.
In any case, such centers must have the characteristics of a family home.
it must provide for all the means at its disposal, the stability of the family of the people of the Third age and its well-being in health, employment, housing, education and social security, so that its members can fully assume the responsibilities that
imposed by this regime.
The State will promote the participation of the society, in the protection of the people of the
third age.
PREVENTION
Art. 393.-The protection of the elderly will be carried out through preventive, curative and rehabilitation actions.
Family, society and the State are obliged to implement preventive actions aimed at achieve that seniors live with dignity, with due
physical, mental and emotional health, effectively enjoying the care and special considerations they require for their condition.
Preventive actions the State will be guided by the social policies of assistance, protection, recreation and voluntarism, family and educational promotion that includes family members, to inculcate moral values such as respect and protection for the
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FUNDAMENTAL RIGHTS OF SENIORS.
Art. 394.-People of the third age will enjoy the following rights:
1o.) Not to be discriminated against because of their age;
2o.) To be cared for with priority for the enjoyment and exercise of their rights;
3o.) To receive food transport and have adequate housing;
4o.) To live alongside their family, with dignity, in an environment that fully satisfies
their diverse needs and provides them with peace of mind;
5o.) To receive medical assistance, geriatric and gerontological;
6o.) Good treatment, consideration and tolerance, by the family, the society and the State;
7o.) To enjoy free of charge of recreational, cultural, sports, service or simple recreation programs;
8o.) To occupy their free time in continuing education, paid part employment or labors volunteering;
9o.) To receive protection from abuse or abuse of any kind; specialized assistance of any kind for their welfare and free legal assistance, for the defense of their rights;
10o.) To be heard, attended and consulted on all matters which are of interest to you and to assure you participation and communication in community activities
that preserve their self-image of people useful to society;
11o.) A not be forced to perform tasks or jobs that do not conform to their
possibilities or physical conditions; or which detract from their dignity;
12o.) To receive timely retirement pension or subsidiary fees for expenses
personal and periodically verify their pensions;
13o.) To be informed of their rights and of the laws that guarantee them; and,
14o.) To enjoy the other rights recognized by the Constitution, international treaties ratified by El Salvador, and other laws that guarantee their
protection.
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DUTIES OF SENIORS
Art. 395.-They are the duties of the elderly:
1o.) Respect and consider the members of their family, their customs, order and the
rules of conduct governing the home;
2o.) Oriented with their advice to the members of their family; share with them their
knowledge and experiences conveying teachings that enable them to face the future with success;
3o.) Save special consideration and tolerance with children and adolescents, by their immaturity and inexperience, and should try to guide them and to set them up with examples and advice timely; and,
4o.) Collaborate to the extent of their capabilities, in the everyday tasks and occupations of the home.
SUPPLEMENTARY RULES
Art. 396.-The principles and provisions contained in the First Title of this Book shall be observed in respect of the persons of the third age, in any manner which is reasonably favourable to them, in accordance with their limitations and needs assistance.
TITLE III
STATE DUTIES, NATIONAL FAMILY PROTECTION SYSTEM, CHILD AND SENIORS
STATE SOLE DUTIES
DUTIES
Art. 397.-The State shall provide all means for the stability of the family and its
welfare, work, housing, education and social security, so that it can fully assume the responsibilities that it is responsible for the training and protection of the child and of the entire family group.
Consequently:
a) Guarantees the effective exercise of the rights recognized in this Code;
b) Develop policies for the protection of the child, the family, and Senior citizens;
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c) It will boost care, protection and rehabilitation programs, to the benefit of family, minor and senior citizens;
d) Coordinate activities developed by institutions that perform activities for the benefit of the minor, family and seniors;
e) participation of the community and non-governmental organizations in the programmes of protection of the family, the child and the third-party's persons
age;
f) Execute special protection programs for the disabled or disabled;
g) Realize feeding programs, vaccination, nutrition, Health education and special rehabilitation;
h) Provision of free medical and legal assistance;
i) Velara because the social media complies with the obligations contained in this Code;
j) Dara preference to the formulation and execution of programs that benefit the child,
the family and the people of the third age, which must have sufficient and privileged budgetary allocation;
k) It shall be observed that the employers who employ minors comply with this Code and other applicable laws;
l) cultural, recreational and sporting programs with community participation;
m) Will execute campaigns to eradicate begging and offer education and training to minors to adequately reintegrate them into society;
n) Dara boost and economic aid to domestic crafts and other activities that allow The creation of jobs and income generation through the family industry; and,
o) It will monitor that in all urban planning sufficient and adequate spaces are used for the construction of fields of games, parks and houses Community dedicated to
the recreation of all family members.
NATIONAL FAMILY PROTECTION SYSTEM AND SENIORS
Art. 398.-The integral protection of the family and the elderly, in charge of the State, will be done through a set of governmental and non-governmental actions, coordinated by the National Secretariat of the Family, with the participation of the community and support of the agencies
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international, the ones that make up the National Family Protection System and People of the Third Age. Such a system will ensure the satisfaction of basic food needs,
housing, health, education and family unit stability.
NATIONAL CHILD PROTECTION SYSTEM
Art. 399.-The integral protection of minors in charge of the State, will be done through a set of governmental and non-governmental actions, coordinated by the Salvadoran Institute
of Protection of the Child, with the participation of the family, the community and the support of the international organizations, the ones that make up the National System of Child Protection.
The national system will guarantee the satisfaction of the basic needs of food, housing, health, education and integral development of the minor.
INTEGRATION OF SYSTEMS
Art. 400.-Integran the National Family Protection Systems, Third Persons
Age and at Least:
a) The Attorney General's Office;
b) The Attorney General's Office for the Defense of Human Rights;
c) Ministry of Justice;
d) The Ministry of Education;
e) The Ministry of Public Health and Social Care;
f) The Ministry of Labor and Social Welfare;
g) The Deputy Minister of Housing and Urban Development;
h) The National Secretariat of the Family;
i) The Salvadoran Institute of Child Protection; and,
j) Community and service associations and non-governmental organizations that have activities related to those of the previous ones.
PERMANENCE AND ENFORCEMENT
Art. 401.-The institutions that make up the National Family and Child Protection Systems of the Third Age and the Child, will implement programs and activities of care in a permanent and obligatory way, aimed at benefiting the family and Senior citizens and to meet the needs related to the child's comprehensive development; they will comply and enforce
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in their respective areas of competence, the rules to protect
TITLE IV
TRANSIENT, REPEAL, AND EFFECTIVE
TRANSIENT DISPOSITION
Art. 402.-REPEALED BY D.L. No. 133/94.
The patrimonial regime of marriages concluded prior to the validity of this Code will continue to be unalterable unless the spouses expressly dispute the contrary.
The validly constituted guardiors according to the Civil Code, they will continue to exercise their positions, but their functions, remuneration, disabilities and overlieutenants will be subject to this Code.
As long as the regime of the Family State Registry is not established acts are recorded in accordance with the provisions of the Civil Registry of Persons.
REPEAL
Art. 403.-Repealed: the ordinal second of Art. 15, Articles 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 69 and 990 of the Civil Code; Titles III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXV, XXVII, XXVIII and XXIX of the Book
First and Title XXII of the Fourth Book, both of the Civil Code; the Code of Minors and the Law of Adoption.
All provisions that oppose the contained in this Code.
VALIDITY
Art. 404.-THIS FAMILY CODE WILL TAKE EFFECT ON OCTOBER ONE
FROM THOUSAND NINE HUNDRED AND NINETY-FOUR. (1)
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the eleven days of the month
October of a thousand nine hundred and ninety-three.
LUIS ROBERTO ANGULO SAMAYOA
PRESIDENT
CIRO CRUZ ZEPEDA PEÑA RUBEN IGNACIO ZAMORA RIVAS VICE-PRESIDENT
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MERCEDES GLORIA SALGUERO GROSS VICE PRESIDENT
RAUL MANUEL SOMOZA ALFARO JOSÉ RAFAEL MACHUCA ZELAYA SECRETARY
SILVIA GUADALUPE BARRIENTOS RENÉ MARIO FIGUEROA FIGUEROA SECRETARY
REYNALDO QUINTANILLA PRADO
SECRETARY
PRESIDENTIAL HOUSE: San Salvador, at twenty-two days of the month of November of a thousand
nine hundred and ninety-three.
PUBESQUIESE,
ALFREDO FÉLIX CRISTIANI BURKARD, President of the Republic.
RENÉ HERNÁNDEZ VALIANT,
Minister of Justice.
D. O. 231
TOMO NO 321 DATE: December 13, 1993
REFORMS:
(1) D.L. Nº 830, MARCH 11, 1994;
D.O. NO 60, T. 322, MARCH 25, 1994.
(2) D.L. NE 317, JUNE 4, 1998;
D.O. NE 121, T. 340, 1 JULY 1998.
(3) D.L. NE 319, JUNE 4, 1998;
D.O. NE 121.T, 340, 1 JULY 1998.
(4) D.L. NE 212, NOVEMBER 25, 2003;
D.O. NE 4 .T, 362, 8 JANUARY 2004. EXTENSIONS TO D.L. No. 212/03: D.L. NE 307, APRIL 15, 2004; D.O. NE 69, T. 363, APRIL 16, 2004.
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D.L. NE 374, JULY 8, 2004; D.O. 132, T. 364, JULY 15, 2004.
D.L. NE 575, JANUARY 6, 2005; D.O. NE 26, T. 366, FEBRUARY 7, 2005.
(5) D.L. NE 956, FEBRUARY 3, 2006; D.O. NE 37, T. 370, FEBRUARY 22, 2006.
(6) D.L. NE 843, MARCH 26, 2009; D.O. Nº 76, T. 383, APRIL 28, 2009.
(7) D.L. NE 39, 5 JUNE 2009; D.O. Nº 121, T. 384, 1 JULY 2009.
(8) D.L. No. 766, JUNE 23, 2011; D.O. No. 136, T. 392, JULY 20, 2011.(PROVISIONS CONSIDERED PUBLIC ORDER)
(9) D.L. No. 112, AUGUST 30, 2012; D.O. No. 177, T. 396, SEPTEMBER 24, 2012.
(10) D.L. No. 989, 16 APRIL 2015;
D.O. No. 79, T. 407, MAY 5, 2015.
PARTIAL REPEAL:
-D.L. NO 133, SEPTEMBER 14, 1994; (Art. 402, Paragraph 1) D.O. No. 173, T. 324, September 20, 1994.
-D.L. Nº 839, MARCH 26, 2009; D.O. Nº 68, T. 383, APRIL 16, 2009. (Fifth Book, First Title, Chapter I, Guiding Principles, Fundamental Rights, and Child Duties) (Fifth Book, First Title, Chapter II, Child Protection)
TRANSIENT DISPOSITION:
TRANSIENT IN THE SENSE OF LEAVING OUT THE REPEAL OF THE CODE OF MINORS, WHICH ESTABLISHES THE CODE OF THE FAMILY,
IN THE RESPECT OF THE RULES RELATED TO THE INFRACTIONS, CONSIDERED AS CRIMES OR FAULTS ATTRIBUTED TO MINORS, THE PROCEDURE, TUTELARY MEASURES, AS WELL AS THE STANDARDS THEY DEAL WITH
ABOUT THE CREATION AND COMPETITION OF THE TUTELARY COURTS OF MINORS. D.L. Nº 145, SEPTEMBER 22, 1994;
D.O. NO 180, T. 324, SEPTEMBER 29, 1994.
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SPECIAL PROVISIONS CONCERNING FOOD QUOTAS:
• PROVISIONS THAT EMPOWER FAMILY JUDGES AND PROSECUTORS
GENERAL OF THE REPUBLIC, TO DISCOUNT FOOD QUOTAS TO CENTRAL GOVERNMENT EMPLOYEES, AUTONOMOUS AND MUNICIPAL INSTITUTIONS.
(AGUINALDO 30%) D.L. NO 140, NOVEMBER 6, 1997; D.O. No. 218, T. 337, NOVEMBER 21, 1997.
REFORM: D.L. NO 167, OCTOBER 19, 2000; D.O. No. 214, T. 349, NOVEMBER 15, 2000.
• LEGAL PROVISIONS THAT ALLOW TO DISCOUNT THE COMPENSATION OF THE WORKERS MADE REDUNDANT, THE PAYMENT OF THE FOOD QUOTAS.
D.L. Nº 503, DECEMBER 9, 1998; D.O. NO. 240, T. 341, DECEMBER 23, 1998. REFORM: D.L. NO 168, OCTOBER 19, 2000;
D.O. NO 229, T. 349, DECEMBER 6, 2000.
• PROVISIONS IN THE SENSE THAT EVERY CANDIDATE FOR PRESIDENT AND
VICE PRESIDENT OF THE REPUBLIC, DEPUTIES TO THE LEGISLATIVE ASSEMBLY, CENTRAL AMERICAN PARLIAMENT AND MEMBERS OF THE MUNICIPAL COUNCILS, WILL HAVE TO COMPLY OF THE ALIMONY OBLIGATIONS
EXTENDED BY THE ATTORNEY GENERAL ' S OFFICE. D.L. NO 1015, OCTOBER 3, 2002; D.O. NO. 200, T. 357, OCTOBER 25, 2002.
LMLl/ngcl 20/03/06
CGC/ngcl 23/07/09
RM/ngcl 03/05/10
SV 17/08/11
JCH 11/10/12
SV 03/06/15
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