Practical Work.

Nombres:

Pimentel Delgado Johan Angelo.

Graduate:

Vega Victor Hugo.

Date:

01 de Septiembre del 2021.

Work: Extraordinary Process.

Potosí=Bolivia.

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Points for work development and Index:

INTRODUCTION OF EXTRAORDINARY PROCESS.

CIVIL PROCEDURE CODE

2. EXTRAORDINARY PROCESS PROCEDURE

BACKGROUND OF THE ANALYZED CASE.- A succinct account of the facts

controversies that originated the lawsuit, the response, and the counterclaim if any.

Rulings and orders issued by the authority

JUDICIAL.- Refer to each of them, explaining and differentiating their scopes.

PRESENTED TESTS.- Explain the relevance and importance of each one of the

evidence presented by the parties.

APPLICABLE RULES TO THE CASE.- These are the rules that apply to the case, emphasizing

in which they are applied in the substance of the case and that served as support for the parties and to the

judge to resolve the litigation.

RESOLUTION ISSUED BY THE JUDICIAL AUTHORITY.- Explain the

sentence, judgment or supreme order, indicating in a concrete manner the foundations and

motivation, which served the judicial authority to resolve the process at the instance

that corresponds.

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INTRODUCTION.-

The Extraordinary Process in Bolivia.

The New Civil Procedural Code is not a purely national creation but rather

adaptation of that Ibero-American Model of Civil Procedure already introduced from Uruguay.

What is purely regional is the legislator's eagerness to obtain an extraordinary process in

the entire meaning of the word that resolves in a single audience particularly all of that

controversy regarding possession (possessory interdicts), tenure (eviction from housing) and

other aspects that will eventually be incorporated. This and not another is the reason for the present

I work so that the Judge and the legal operators can obtain a view as much as possible

possible technique of the institute in question.

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Potosí-Bolivia. P/01/09/2021.
CIVIL PROCEDURAL CODE.

CHAPTER TWO EXTRAORDINARY PROCESS.-

ARTICLE 369. (CHARACTER).

I. The extraordinary process takes place in a single hearing in which it is concentrated.

all the proceedings and the pronouncement of the sentence on the merits of the claim

legal based on the claim, as well as on the defense and the exceptions

opposed by the counterpart.

II. The controversies related to this will be processed through the extraordinary procedure,

particularly, to the interdictions of preserving and recovering possession, as well as the

of new harmful work, of feared damage and eviction from housing, without prejudice to

preliminary conciliation or adoption of preparatory and precautionary measures.

III. Counterclaim will not be admissible.

ARTICLE 370. (PROCEDURE). The extraordinary process shall be governed by the

established for the ordinary in what pertains, with the following modifications:

A single hearing will be called to initiate the intra-procedural conciliation ex officio,

set the points of debate, gather the means of proof and, without the need for

allegations, to issue a judgment.

2. Once the complaint has been answered, the reception of the evidence requested will be arranged.

parts, could not be managed in the hearing, so that at the time of it the

test is included.

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ARTICLE 371. (SENTENCE AND SECOND INSTANCE).

I. The judicial authority will rule in a sentence on all exceptions and

defenses; however, if among them there is the one of incompetence that was the subject of

resolution that accepts it will omit pronouncing on the others.

II. In the second instance, only evidence that is deemed necessary will be admitted for

better to provide the documentation on events occurring after the demand or that is

declare, under oath or promise, that I did not know her until after the

demand or the response.

III. In the second instance, the Court will evaluate the admissibility or inadmissibility of the

estimated tests of necessary diligence and for better provision, including the

offered with oath or promise of their recent acquisition.

ARTICLE 372. (RESOURCES).

I. Against the ruling issued in extraordinary proceedings, the resource corresponds to

appeal provided for by Articles 256 and following of this Code.

II. The appeal for cassation is not admissible.

ARTICLE 373. (ORDINARY WAY).

I. the judgments that substantially affect the contested rights between the parties

they will allow the losing party to go to the ordinary process for the defense of their

substantive law.

II. II. Extraordinary proceedings are not cumulative with ordinary proceedings.

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ARTICLE 374. (ENFORCEMENT OF JUDGMENT). Judgments shall be executed in accordance with

the regulations contained in Articles 397 and following of this Code.

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PROCEDURE OF THE EXTRAORDINARY PROCESS.

Comment: According to the cited provisions, the extraordinary process is a process

fast that would have to be developed in a single hearing.

In accordance with the provisions of Article 370 CPC, it shall be governed by what is established for the process.

ordinary in the relevant aspects, which means that in the absence of further explanation about the

steps to follow in the extraordinary process, we have to adhere to the steps of the procedure

of the ordinary process starting with the claim, answer, exceptions, and hearing

preliminary.

We cannot think of a complementary audience because the extraordinary process would lose.

the speed that the law aims to achieve by becoming ordinary.

Unfortunately, the legislator has not considered that possession processes are quick.

because it is about protecting possession and has given it an overly long procedure with the deadlines

procedural matters that correspond to the ordinary process, undermining the essence of the interdictions.

Worse still, in practice, some judges require that before filing the interdict petition, one must ...

develop the prior reconciliation that is only mandatory for ordinary processes,

further damaging the essence of these types of processes that require a prompt definition of the

judicial authority. The deadlines established by law for their processing are already harmful to the interdicted.

which is further aggravated when it states that the exceptions must be resolved in a ruling, and

if we add the requirement to carry out the prior reconciliation, which of course does not

legally corresponds, this legal action is harmed to death.

DEMAND.- The demand, as in any other process, must meet the requirements.

established in Art.110 CPC. In the complaint, as stated in Art.111 of the CPC, it must

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accompany all the documentary evidence available to the actor and if he does not have it, he must

necessarily indicate what document it is, what its content is, the place where it

find out who the natural or legal person or public entity that has it is, by requesting

that once I physically obtain it, it be incorporated into the process.

In the same way, you may request the evidence by report provided in Articles 204 and 205 of the CPC.

As stated in Art.112 CPC, after the complaint has been filed, it will only be accepted.

documents dated later than her or, if earlier, under oath or promise not

having been made aware of the documents.

Likewise, the actor must provide all the evidence they choose to rely on in the

trial, such as:

Testimonial.- Indicating the names and other information of the witness as provided in Article 174 of the CPC.

presentation of the interrogation may be reserved until before the single hearing in which

will take the witness statements.

Provoked Confession.- Requesting that the deferred party be called at the appropriate time,

attach the interrogation before the single hearing.

It is not necessary to attach the interrogation to the complaint, as issues may arise in the

response that may require incorporating some question at the time.

Inspection and reconstruction of facts.- It must be offered in the writ of demand. If it were

The urgent action may be requested as a preliminary measure in accordance with Art. 306-I num. 6)

CPC with future news from the opposing party.

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Expert report - It must be offered in the written complaint, specifying the points on which

the test will be about.

It is not necessary to offer a specific expert with name and surname, because it will be the Judge.

who will appoint the expert at their own discretion and will determine the points on which the expertise will focus

agreement to the proposals of the parties and those deemed necessary according to Art. 195

CPC.

If urgent, the expertise may be requested as a preliminary measure according to Art. 306-I num. 6)

CPC with news of future opposing party.

In all cases of production and offering of evidence, the plaintiff must indicate what it is

what it aims to demonstrate with it.

RESPONSE.- In the extraordinary process, the deadline is not specifically established for

The response to the complaint, therefore, must be guided by the authorization of Article 370 of the CPC.

regarding the ordinary process, that is, 30 days for the response as indicated by the

Art. 125 num.1) CPC. The response to the claim according to the cited Art. 125 CPC must

observe the requirements for the lawsuit (Art.110). When responding, the defendant must express themselves.

about the facts alleged in the lawsuit and about the authenticity of the documents produced

as documentary proof by the plaintiff, because if he does not do it, his silence or evasion will be taken as such

as an admission of the facts and the authenticity of the documents.

Por ello el demandado al contestar la demanda debe observar los documentos del actor en esta

stage and not to wait to do it in the testing production stage in the unique audience, except

when notified with proof of recent knowledge or proof whose production is

permitted by law.

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Also in the response, the defendant must clearly and precisely state the facts that

attach in this act all the documentary evidence that serves as the basis for their defense,

You have available or may offer those that you do not have in your possession as provided by Art. 111

CPC for the actor, following the same procedure indicated above for the

claimant; that is to say, specifically indicating what they intend to demonstrate with their evidence

documentaries and the offering of other evidential means. The defendant may also

at the same time as the response, deny the terms of the complaint or fully agree

partially.

Knowledge and objection to documentary evidence and other means of evidence.- It is important

indicate that when the defendant is summoned with the complaint, they must also be notified

his knowledge the documentary evidence produced and presented in the claim, not so with the others

means of evidence with which it must be notified later, as will be seen further on.

EXCEPTIONS.- Together with the response to the complaint, the defendant may raise the

exceptions provided for in Art.128 CPC that you find relevant, or simply limit yourself to responding

negatively to the claim or to submit total or partially to it in accordance with the provisions

by Arts. 125 num. 5), 126 and 127 of the CPC.

In the writing, the defendant must also produce or offer the documentary evidence.

intended to demonstrate the exception.

Transfer of the exceptions.- Once the exceptions are raised by the defendant, they will be circulated.

to the actor to answer them within 15 days.

COUNTERCLAIM.- Counterclaims do not proceed in extraordinary proceedings, they only proceed in

the ordinary ones.

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SINGLE HEARING.- Once the lawsuit and the exceptions have been answered by the plaintiff, if any

If the defendant had opposed, a single hearing will be scheduled to take place within a period not

greater than 5 days.

Scheduling of hearing and notification with other evidentiary means.- Together with the

señalamiento de fecha de la audiencia única se notificará a las partes con los otros medios

evidentiary items mentioned in the complaint and the response, so that the parties, among other things,

they may strike out the witnesses within 3 days of their notification in accordance with Article 170

CPC. They may challenge the expert already appointed by the Judge within the same period.

because we must not forget that the parties also need to be notified of this designation to

moment of single hearing notification.

DEVELOPMENT OF THE UNIFIED HEARING.- In the unified hearing, everything is developed

regarding what is established in the preliminary hearing provided for in Art.366 CPC, such as:

1.- Ratification of the claim and the response; likewise, allegation of new facts that do not

modify the claims or defenses, as well as clarify obscure, contradictory or

imprecise in the judgment of the judicial authority or the parties.

2.- Intra-process conciliation provided for in Articles 234-IV, 235-III, and 370 num. 1) CPC.

3.- Acceptance of evidence regarding exceptions if they are subject to proof as the case may be.

4.- Sanitation of the process by issuing an interlocutory order.

5.- Definitive fixation of the object of the process, determination, ordering, and processing of

the admissible means of proof, reception of the evidence whose processing is possible in

the audience.

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6.- Incident resolution.

7.- Judgment. All exceptions will be resolved in the judgment.

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 BACKGROUND OF THE CASE ANALYZED.- A succinct account of the facts

controversies that gave rise to the lawsuit, the response, and the counterclaim if applicable.

CASE BACKGROUND:

1. The lawsuit is initiated at the request of Ms. Jhaneth I. Alvarez as the plaintiff of the right.

of property regularization and the defendant Mr. German I. Leon

The reasons presented are that Mr. German grants him the authority to use it so that his

daughter built her house in 2005 where Mr. Ibarra has the construction of his

housing and residing in the same with an area of 284.40 square meters being on the street

Sica Sica, San Martin area of the city of Potosí, this right arises from the desire of the

proper documentation in real rights which they do not possess.

2. Se presenta la demanda con las pruebas pertinentes al caso (dichas se explicarán en los

following points) Mr. Ibarra files the claim before the Public Seventh Judge in the

civil and commercial.

3. The judge first requests the correction of the memorial due to the domain antecedent (not

the property could be registered due to the size of the land.

Se planea registrar el bien inmueble en dicha demanda.

The second point requested is the marital status of the defendant and the appointment of the

spouse and possible heirs (it is clarified that the gentleman acquired the property rights in

his single status, however, if necessary, the inclusion of Mr. is requested.

Clementina A. Fernández. And the appointment of heirs.) It is corrected.

The complaint is admitted on April 24, 2019, with a response period of 30.

days, the secretary puts on record that Mr. German and Ms. Clementina do not

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 they are summoned to the notification and are declared rebellious and must pay the fine of

rebellion.

5. Subsequently to the date, the defendants appear and it is taken into account the

same. In the lawsuit as a simple appearance to the brief presented by being

extemporaneous to the given deadline, Mr. Luis Ibarra Alvarez also submits a memorial

the auditor's occupation expresses that the land belongs to his sister and that he does not wish to do

no action that harms her (such appearance is made by the inspection of

the judge's view of the residence subject to Litis, the delivery of Mr. Luis's ID is also requested.

Ibarra.)

Potosí August 1, 2019, the lawyer is requested to provide what is legally requested for

the verbal appearance, in the same way, the appearance of the spouse is requested.

Potosí, August 9, 2019, it is requested to submit a report to CERECI.

Potosí, August 15, 2019, it is requested that the case and expertise given by Mr. Pablo continue.

D. Flórez, architect, said payment must be made by the plaintiff within 3 days.

days.

A hearing is scheduled for Tuesday, January 28, 2020.

In that hearing, initially the defendant does not appear due to an embolism.

lower body, the audience is moved to the property, the witnesses are available

Present, Mr. Lawyer Segundino Condori requests conciliation, however, not

proceed because said property was transferred to the defendant and the act does not proceed

to reconcile because the gentleman does not possess the ownership right as it is already a property

transferred and therefore does not correspond because Mr. German is not the owner. The

The lawyer states that all provisions established in law 247 of the right have been fulfilled.

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 regularization of property rights and that witness evidence is taken into account

having each of the witnesses sworn in and testify, the sentence is presented.

The ruling is in favor of the plaintiff, allowing her to register her part of

property in real rights.

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 PROVIDENCES AND ORDERS THAT THE AUTHORITY WOULD HAVE ISSUED

JUDICIAL. - Refer to each of them, explaining and differentiating their scopes.

Seen. April 10, 2019, observations on article 110 at points 3, 6, 9 and law 247.

ARTICLE 110. (FORM AND CONTENT OF THE PETITION). The petition shall be written,

unless expressly provided otherwise, and must meet the following requirements of form and

contenido:

3 The name, address and details of the claimant or the legal representative, if applicable

of collective person.

6 The precise account of the facts.

9 The request made in clear and positive terms.

Law No. 247, of June 5, 2012 Law on Regulation of Property Rights over Assets

Urban properties intended for housing.

It is requested to specify the case regarding the property background and to submit the lawsuit in

clear terms.

2. Seen. Potosí April 24, 2019, the demand for the right of regularization is admitted.

from the ownership right to the object that the defendant responds to the claim and assumes

defense within 30 days from its legal notification, under penalty of being

declared rebels.

3. Viewed. June 19, 2019. The complaint was not answered and the defendant was declared in default.

defendant.

ARTICLE 125. In the response, the defendant shall observe the following requirements:

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 It will be submitted in writing, following the procedures established for the claim, within the period

thirty days counted from the notification.

ARTICLE 364. (REBELION).

I. Si transcurrido el plazo para la contestación, la parte demandada no compareciere, de

By official letter or at the request of a party, rebellion shall be declared.

II. Once the rebellion is declared, the respondent will be notified at their actual address.

by means of a notice. All subsequent actions and resolutions will be notified in

bench, except for the judgment, unless the defendant assumes defense.

III. The rebellion of the defendant will generate a simple presumption against them.

regarding the facts alleged by the actor as long as they were not contradicted.

The acting party may request the seizure of the assets of the rebel or other measures

protective measures deemed necessary, which will remain in effect until the conclusion of the

cause.

IV. The declared rebel party may appear at any time during the process and

it will take the case in the state in which it is.

4. Seen. July 1, 2019, that he responds has been late, that is to say in form

after the deadline has passed.

5. Seen. On August 15, 2019, the expert for the planimetry is appointed.

Seen. On September 12, 2019, the expert report is approved.

7. The judge requests to know the existence or non-existence of proceedings with or against the

parts regarding the same object of dispute.

8. Seen October 8, 2019, a hearing is set, the hearing did not take place because it was not

Mr. German Ibarra, Ms. Lourdes Ibarra, and expert Pablo Daniel are presented.

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November 20, 2019, viewed. Suspension of procedural deadlines. New date indicated.

single hearing on Tuesday, November 26, is not held. This is about speeding up the process.

And it is proposed that what was said on November 20 continues.

10. Seen January 8, it is not granted due to the absence of the co-defendant, it is moved to January 20.

11. On January 20, the hearing does not take place and a new hearing is scheduled for Tuesday, the 28th of...

January 2020.

12. Interlocutory order. Without evidence for the appeal of the ruling, it is declared void.

formal executor.

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 PRESENTED TESTS. - Explain the relevance and importance of each of them.

evidence presented by the parties.

There are 3 types of tests.

Documentary Evidence.

Notarial form, sworn declaration that she is the owner of the property.

Technical certification of planimetry. Under the framework of law no. 247.

Form for real rights, which specifies if there is any record of rights

owner of the real estate.

Ownership regularization program.

Invoices from SEPSA issued in the name of the claimant.

Testimony of the deed of land concession in the name of Mr. German Ibarra.

General property plan 'HORNITOS'

Identity cards of those involved in the lawsuit, stakeholders, third parties, and witnesses.

2. Expert test.

Judicial inspection, where the property object of the litigation for the process is seen.

verification of your existence in urban radio.

Technical expert report.

1) Identification and technical data of the property.

2) Constructive characteristics of the building

3) Sketch of the property

4) Satellite imagery from the year 2006 and 2019

3. Testimonial evidence. - testimony of the gentlemen and ladies:

Vicente Flores C.

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ii) Julia Tole

iii) Osmer D Morales

iv) Patricia F Cruz.

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 APPLICABLE RULES TO THE CASE. - These are the rules that apply to the case, emphasize

that are applied in the substance of the case and served as support for the parties and the judge

to resolve the dispute.

A. POLITICAL CONSTITUTION OF THE STATE.

Article 19. I. Everyone has the right to adequate housing and habitat, which

honor family and community life.

II. The State, at all levels of government, will promote housing plans of interest.

social, through appropriate financing systems, based on the principles of

solidarity and equity. These plans will preferentially be allocated to families with limited resources.

resources, to underprivileged groups and to the rural area.

Article 56. I. Everyone has the right to individual or collective private property.

siempre que ésta cumpla una función social.

II. Private property is guaranteed as long as its use is not

harmful to the collective interest.

III. The right to hereditary succession is guaranteed.

B. Law No. 247, of June 5, 2012 Law on the Regulation of Property Rights over Goods

Urban Properties for Housing:

CAPÍTULO III PROCESO JUDICIAL DE REGULARIZACIÓN INDIVIDUAL.

C. Bolivia: Ley Nº 803, 9 de mayo de 2016 ley de modificaciones a la Ley Nº 247 DE 5 DE

JUNE 2012, for the regularization of property rights over real estate

urban areas intended for housing.

D. BOLIVIAN CODE OF CIVIL PROCEDURE.

EXTRAORDINARY PROCESS ARTICLE 369. (CHARACTER).

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 I. The extraordinary process takes place in a single hearing in which it

concentrates all the proceedings and the ruling of the judgment on the merits of the

legal claim based on the complaint, as well as on the defense and the

opposite exceptions raised by the opposing party.

II. The controversies related will be processed through the extraordinary process,

particularly, to the interdicts to conserve and recover possession, as well as those of

new harmful work, feared damage and eviction from housing, without prejudice to

preliminary conciliation or adoption of preparatory and precautionary measures.

II. Counterclaim will not be admissible.

ARTICLE 125. (FORM AND CONTENT). In the response, the defendant

will observe the following requirements:

1 It will be presented in writing, observing the forms provided for the demand, within the deadline

thirty days counted from the citation.

ARTICLE 364. (REBELLION).

E. BOLIVIAN CIVIL CODE.

ARTICLE 103. (ACQUISITION BY POSSESSION IN GOOD FAITH IN CASE OF

SUCCESSIVE ALIENATIONS). -If a movable thing is successively alienated

the corporal to several people, the first one to take possession of it is preferred and

acquire the property as long as it is in good faith, even if its title has a later date.

ARTICLE 106. (SOCIAL FUNCTION OF PROPERTY). - Property must

fulfill a social function.

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F. LAW 025 JUDICIAL BODY.

Article 124. (SUSPENSION OF PROCESSING DEADLINES). As a general rule, the deadlines

procedural matters will proceed uninterruptedly. However, they may be declared in

suspended due to collective judicial holidays and for force majeure circumstances that

made the completion of the pending act impossible.

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 RESOLUTION ISSUED BY THE JUDICIAL AUTHORITY. - Explain the

sentence, ruling of the court or supreme ruling, clearly stating the grounds and

motivation, which served the judicial authority to resolve the process at the instance

that corresponds.

Based on the evidence presented in the trial, the testimonies, the goodwill of the

plaintiff as well as the withdrawal both from the defendant, the interested parties as being

his siblings and the defendant's spouse, considering circumstances such as rebellion,

The legal body to which the law is understood favors the plaintiff Janeth Ibarra.

Velásquez, being a holder of good faith, making use of the housing and doing

as a good owner of the property and taking responsibility for the corresponding payments

of the property, based on the provisions established in law 247 of 2012.

Motivation and justification before arriving at the present case is necessary to carry out the

the following considerations of a legal, doctrinal, and jurisprudential nature

Article 7 of the CPE states that one of the fundamental rights is individual private property.

or collective as long as it fulfills a social function

2. Article 22 of the CPE. Private property is guaranteed as long as the use made does not

it is detrimental to the collective interest.

3 Article 105. C.C. 1. Property is a legal asset that allows its owner to use, enjoy, and dispose of.

one thing and it must be exercised in a manner compatible with the collective interest within the limits or

with the obligations

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Article 106 C.C. The real estate must fulfill a social function.

5 Article 110 of the Civil Code on the acquisition of property.

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