Libro Primero Título II. Personas que intervienen en los procesos

Judges shall have the obligations and powers established by this Code, the Constitutive Law of the Judicial Branch and the General Regulation of Tribunals.

The judge shall render a judgment consistent with the claim and may not rule on its own initiative on defenses that may only be raised by the parties.

The tribunals shall reject in a reasoned manner any request that does not meet the requirements established by law.

The clerk shall assist the judge, with his signature, in all cases in which decisions must be rendered or records must be drawn up. In the absence of the clerk, two attesting witnesses may act.

The secretary shall be in charge of the issuance of certifications, extracts or authentic copies of the documents and proceedings pending before the Tribunal, as well as the preservation and formation of the case files in strict order. The secretary shall receive the pleadings and documents submitted to him, shall give in the same act, if so requested, a receipt for the pleading and the copies, and shall immediately report to the judge with such pleadings and the prior records, if any exist. The secretary shall reject pleadings when they are not accompanied by the copies required by law.

The secretary shall also have the powers specified in the General Regulation of Tribunals.

Notifiers are in charge of notifying the parties of the decisions and orders of the Tribunal, as well as of carrying out attachments, demands and other proceedings as ordered to them.

They shall have the powers established by the General Regulation of Tribunals.

The officers and other employees shall be subject to the provisions of the General Regulation of Tribunals and shall be, as well as the notifiers, under the immediate orders of the secretary.

The judge may, at the request of a party, entrust a notary with the performance of certain acts, including notifications and grants of appointment (discernimientos).

The preservation and administration of embargoed or seized property shall be entrusted to a depositary, unless the law provides otherwise.

Every deposit shall be received by inventory, which shall be signed by the owner of the deposited thing, if he wishes to do so, and by the person receiving it.

Depositaries must be persons of recognized honesty and established roots, appointed by the judge and in any case shall be obligated to provide a guarantee for their administration, sufficient in the opinion of the judge, if any of the parties so requests it.

The depositary is liable for the safekeeping, preservation and return of the deposited thing and its fruits, under penalty of damage and losses and of the resulting criminal liabilities.

The depositary is obliged to account for the deposit and its administration whenever requested by the parties or by the judge. Reluctance to comply with the judicial mandate shall be punished with the penalties that the Criminal Code provides for public officials or public employees who, when required by competent authority, do not render due cooperation for the administration of justice.

The owner has the right to supervise the preservation and administration of the deposited thing and to oppose negotiations or acts that he considers prejudicial; and if a dispute should arise, the judge shall resolve it by way of an incidental proceeding.

When the deposit is of rural or urban properties, the owner has the right to continue living with his family in the property placed in deposit.

The depositary of rural or urban real properties, of industrial or commercial establishments, or of agricultural properties, shall have the character of administrator-in-charge and shall not interrupt the operations of the respective enterprise; shall have the power to direct such operations, shall authorize the ordinary expenses of the business, shall deposit the value of the products in a credit institution and shall keep a documented account of the administration. Such depositary may also appoint or remove personnel, with authorization of the judge.

Depending on the circumstances, the judge shall decide whether the persons who have held the administration retain their office, partially or totally, under the sole supervision of the administrator-in-charge.

During the deposit, no operations other than those in the ordinary course may be carried out.

The sale of property, fruits or livestock may only be carried out with authorization from the judge, who, for such purpose, shall hear the parties for a common term of twenty-four hours. The judge, when ordering the sale, shall fix the conditions under which it is to be carried out, in accordance with the usages of the marketplace and attending as far as possible to the indications of the interested parties. Only an action for liability shall lie against the decision of the judge.

The depositaries and administrators-in-charge, when dealing with property exposed to deterioration, impairment or destruction, shall order the sale under their liability, without prior judicial authorization.

If the income is not sufficient to cover the expenses of administration, the depositary shall be obligated to bring it to the knowledge of the judge and the latter, after hearing the parties for two common days, shall authorize the depositary or administrator-in-charge to procure them under the most favorable conditions possible, encumbering such property as may be necessary, or otherwise to close the business.

Those who receive on deposit securities or things that produce income or obligations that must be collected are obligated to make them effective, as if they were owners, and their carelessness or negligence shall make them liable for damage and losses.

They have the right to be indemnified for all expenses required for the custody and preservation of the deposit and to collect the corresponding fees.

The custodians or administrators-in-charge may not resign from their offices except for just cause.

The depositaries and administrators-in-charge who administer or participate in the administration of the deposited property shall be entitled to fees in accordance with the respective fee schedule.

Unless the law itself provides otherwise, all proceedings relating to deposit, intervention, rendering of accounts by depositaries and challenge thereof shall be processed in a separate record and in the form of an incident, so as not to obstruct the course of the main proceeding.

Persons who have the free exercise of their rights shall have capacity to litigate.

Persons who do not have the free exercise of their rights shall not act in judicial proceedings except as represented, assisted or authorized in accordance with the rules governing their capacity.

The legal persons shall litigate through their representatives in accordance with the law, their bylaws or the deed of incorporation.

Unions, associations or committees, when they lack juridical personality, may be sued through their presidents, directors or persons who publicly act on their behalf.

The State shall act through the Public Prosecutor's Office.

Representatives shall justify their standing in the first action they take, attaching the title of their representation.

No credential of representation that is not duly registered in the respective office shall be admitted in the Tribunals.

When there are several plaintiffs or defendants representing the same right, they are obliged to unify their representation; if they fail to do so, upon expiration of the period set by the judge at the request of a party, the common representative shall be designated on its own initiative.

Time limits shall be common and shall run for the represented parties from the time notice is served on the person appointed to represent them.

The common representative may not make use of the powers that require a special clause, unless the interested parties have expressly conferred them upon him in the corresponding instrument.

Those who act in representation of others are obligated to interpose all remedies, defenses and exceptions that the parties may legally raise, under penalty of personal liability and for damage and losses.

The foregoing does not prevent the represented party from making use, within the legal time limits, of all the rights conferred upon it by law.

When the person to whom representation or assistance corresponds is absent, and reasons of urgency exist, a judicial representative may be appointed to assist the incapacitated person, the legal person or the unrecognized union, association or committee, until the person to whom representation or assistance corresponds appears.

A special representative for the represented person shall also be appointed when a conflict of interest exists with the representative.

Except in the cases expressly provided for by law, no person may assert in the proceedings, in their own name, a right belonging to another.

The parties shall appear assisted by a bar-registered attorney. Assistance of counsel shall not be necessary in matters of minimal amount and when, in the locality where the tribunal has its seat, fewer than four qualified attorneys are domiciled.

Pleadings that do not bear the signature and seal of the directing attorney shall be rejected outright.