Libro Segundo · Título I Capítulo III. Emplazamiento

When the claim is filed in due form, the judge shall summon the defendants, granting them an opportunity to respond within nine days common to all of them.

The notification of a claim produces the following effects:

1º.Material effects:

a)To interrupt the limitation period;

b)To prevent the defendant from appropriating the fruits of the thing from the date of the summons, if he is ordered to deliver it;

c)To place the obligor in default;

d)To oblige payment of legal interest, even where not agreed; and

e)To render voidable the alienation and encumbrances constituted over the thing that is the subject-matter of the proceedings, after the summons. In the case of immovable property, this effect shall only occur if the claim has been annotated in the Property Register.

2º.Procedural effects:

a)To give prevention to the judge who issues the summons;

b)To subject the parties to continue the proceedings before the summoning judge, if the defendant does not object to jurisdiction; and

c)To oblige the parties to appear at the place of the proceedings.