Libro Primero Título I. Jurisdiccion ordinaria

Civil and commercial jurisdiction, except for special provisions of the law, shall be exercised by the ordinary judges, in accordance with the rules of this Code.

The parties may submit, expressly or tacitly, to a judge other than the one competent by reason of territory, the cognizance and decision of a specific matter.

In no case may the parties submit to a judge or Superior Tribunal other than the one to whom the judge who heard the matter in First Instance is subordinate.

Jurisdiction in civil and commercial matters may be extended to a judge or tribunal which, by reason of subject matter, the amount in controversy and the hierarchical rank held in the judicial order, may hear the matter brought before it.

The jurisdiction of the judge is extended:

1º.When judges of another territorial jurisdiction must take cognizance, due to absence or impediment of the competent judges.

2º.By express submission of the parties.

3º.By answering the claim, without opposing lack of jurisdiction.

4º.By the counterclaim, when it is legally admissible.

5º.By accumulation.

6º.By the granting of bond to the person of the obligor.

Jurisdiction and competence are determined in accordance with the factual situation existing at the time of the filing of the claim, with subsequent changes in such situation having no influence.

It is the obligation of the tribunals to take cognizance on its own initiative of questions of jurisdiction and competence, under penalty of nullity of the proceedings and liability of the public official, except in those cases in which the competence of the judges may be extended, as it involves territorial competence.

By reason of amount, the Minor Judges have jurisdiction when the value in dispute does not exceed two thousand quetzales.

However, the judges of First Instance have jurisdiction to hear lower-amount matters when such matters are incidental to the principal proceedings.

The Supreme Court of Justice shall have the power to establish, by agreement, a lower limit to the amount of cases to be pursued before the Peace Trial Courts, when it deems it advisable, taking into account the special circumstances of the municipality concerned and the availability of technical personnel.

* See Agreement Number 3-91 of the Supreme Court of Justice

* See Agreement Number 5-97 of the Supreme Court of Justice

* See Agreement Number 6-97 of the Supreme Court of Justice

* See Agreement Number 43-97 of the Supreme Court of Justice

To establish the amount of the claim, the following provisions shall be observed:

1.Accrued interest shall not be computed.

2.If partial payments or balances of obligations are claimed, jurisdiction shall be determined by the value of the respective obligation or contract.

3.If the action concerns rents, pensions or periodic performances, its annual amount shall serve as the basis.

When in proceedings there is divergence or doubt as to the amount in controversy, the judge shall decide it after hearing the parties within a common term of twenty-four hours.

In matters of indeterminate value, the competent judge is the Judge of First Instance.

If several claims are asserted at the same time in the same proceedings, in cases in which this may be done in accordance with the provisions of this Code, the amount of the proceedings shall be determined by the amount to which all the claims filed amount.

When personal actions are exercised, in a matter of greater amount the competent judge shall be the First Instance judge of the department in which the defendant is domiciled; in a matter of lesser amount, the minor judge of the defendant's locality.

In proceedings concerning maintenance allowances or payment of pensions therefor, the competent judge shall be the judge of the place where the defendant resides or where the claimant party is domiciled, at the election of the latter.

A person who has no fixed domicile may be sued in the place where he is found or in the place of his last residence.

Whoever has elected domicile, in writing, for specific acts and matters, may be sued before the judge corresponding to said domicile.

If there are several defendants and the actions are connected by the object or by the title, they may be initiated before the judge of the place of domicile of one of the defendants, so that they may be resolved in the same proceedings.

In claims for reparation of damage, the competent judge is the judge of the place where the damage was caused.

The claimant in any personal action shall have the right to bring his action before the judge of the defendant's domicile, notwithstanding any waiver or submission by the latter.

The competent judge when real actions are exercised over immovable property shall be the judge of the place where the property is situated.

If they are located in different departments, the judge of the place where any of them is situated shall be competent, provided that the defendant resides in that same place; and if both circumstances do not concur, the competent judge shall be the judge of the place where the one of greatest value is located according to the assessment roll for payment of the territorial tax.

If the action refers to a commercial or industrial establishment, the claimant may bring it before the judge of the place where the establishment is located.

If the action refers to immovable property and property of another nature at the same time, the competent judge is the judge of the place where the former are located.

Jurisdiction in succession proceedings corresponds to the judges of First Instance of the last domicile of the decedent; in the absence of domicile, to the judge of First Instance of the place in which the largest part of the immovable property forming the inheritance is located; and in the absence of domicile and immovable property, to the judge of First Instance of the place where the decedent died. Before the same judge must be exercised all rights that in any manner are to be asserted against the property of the estate, while the inheritance partition is not final.

In collective execution proceedings, the competent judge is the one in whose jurisdiction the principal place of business of the debtor is located; but when it cannot be determined, that of his habitual residence shall be preferred.

The accessory obligation follows the jurisdiction of the principal.

For the cognizance of matters of voluntary jurisdiction, the First Instance judges have jurisdiction in accordance with the provisions of this Code.