Article 90 – Civil Code
The regulatory agreement referred to Articles 81 and 86 of this Code shall cover at least the following:
A) The determination of the person in whose care the children are to be subject to parental authority of both the exercise thereof and visitation , communication and the children stay with the parent who does not live with them.
B ) The attribution of the use of the home and family trousseau .
C ) The contribution to the costs of marriage and food , as well as update their databases and guarantees to you.
D ) The liquidation , where the economic system of marriage.
E ) The pension under Article 97 will correspond meet , where appropriate, to one spouse .
The agreements of the parties, adopted to regulate the consequences of the annulment, separation or divorce will be approved by the court , unless that is harmful to children or seriously detrimental to one of the spouses. The refusal shall be made a reasoned decision and in this case the spouses must submit to the consideration of Judge new proposal for approval , if applicable. From court approval may be exercised by way of urgency.
Judge Measures adopted in the absence of agreement , or agreed by the spouses , may be judicially modified or new agreement when circumstances substantially altered .
The judge may set the real or personal guarantees required for the fulfillment of the agreement .
Article 96 – Civil Code
Failing agreement of the parties approved by the Court , the use of the family home and the objects of ordinary use it is for the children and the spouse in whose company remain.
When some of the children remain in the company of one and the other on the other, the judge shall act accordingly . Not having children , it may be agreed that the use of such property , as long as prudently be set , corresponding to the non-title spouse , provided that, in the circumstances make it advisable and interest were the most in need of protection .
To have given housing and real use of which corresponds to the non-title spouse will require the consent of both parties or, where appropriate, judicial authorization .
Section 1124 – Civil Code
The power to settle the obligations is implied in reciprocal understanding , for if one does not fulfill the obligation incumbent upon it .
The injured party may choose between demanding the fulfillment or termination of the obligation, with the payment of damages and payment of interest in both cases.
You can also order the resolution, even after opting for compliance , when it proves impossible .
The Court shall order the resolution that is claimed to have no just cause authorizing him to point term.
This is without prejudice to the rights of third-party purchasers , pursuant to Articles 1295 and 1298 and the provisions of the Mortgage Law .
Section 1518 – Civil Code
The seller can not exercise the right of withdrawal without refund to the Buyer the price of the sale, and:
1. ° The expenses of the contract , and any other legitimate payments made ??for sale .
Two . ° The necessary and useful expenses made ??on the thing sold .
Section 1563 – Civil Code
The tenant is responsible for damage or loss that hath the thing leased , unless proved to have been caused without fault.
Section 1564 – Civil Code
The tenant is responsible for damages caused by people from home.
Section 1566 – Civil Code
If at the end of the contract , the lessee remains fifteen days enjoying the thing leased with the acquiescence of the lessor , it is understood that there is tacit agreement for the time established in Articles 1577 and 1581 , unless preceded requirement.
Article 34 – Mortgage Law
The third party in good faith acquire for consideration any right of person that appears in the Register with powers to pass , will be kept in its acquisition , once you have registered their rights but then set aside or resolve the grantor by virtue of causes that are not in the same registry. The good faith of the third is always presumed until proved he knew the inaccuracy of the registry. Gratuitously Acquirers may not receive more protection registry that which he has caused, or transferor .
Article 56 – Civil Procedure Act
Judge will have jurisdiction litigation giving rise to the exercise of the actions of all kinds, that litigants who have been referred expressly or tacitly.
This submission will only be possible to exercise general jurisdiction court and take cognizance of the same kind of business and in the same degree.
Article 1.570 – Civil Procedure Act
The judgment of eviction shall be conducted by the procedures established for the verbal with the modifications contained in the following articles .
Article 1.571 – Civil Procedure Act
The actor demand draft subject to the provisions of Article 720 , accompanying the copy or copies in it are prevented .
Article 1.572 – Civil Procedure Act
Presented ballots , the judge sent the actor and summon the defendant to the oral proceedings , noting the day and time effect , which can not be altered but because alleged , and that the same judge considers .
This date must be within six following the filing of the ballots , but always mediating at least three days between the trial and the defendant’s subpoena .
The subpoena for appearance , be extended after the copy of the complaint , which will be served on the defendant in the manner prescribed in Article 722.
Article 1.573 – Civil Procedure Act
The summons shall be given to the defendant in person. If it can not be there after two steps after her, with an interval of six hours , it will leave the card at home quoting for the trial , which is given to the next of kin , family or raised over fourteen years since I find in the house , and not finding anyone in it , the immediate neighbor .
At the same time deliver the certified copy of the complaint to the defendant or to the person to whom the subpoena leave .
Article 1.574 – Civil Procedure Act
If the defendant is not situated in the place of judgment, and it did not take him home, means the citation with his agent , constituted by power, if any, to the person who is responsible on behalf of the care of the estate , and if not any, will be fought the urge or order appropriate to quote , to judge the people of his domicile or residence .
In the latter case, the judge shall the term sufficient , attended the distances and difficulties of communications for the oral proceedings . This term may not exceed one day for every 30 kilometers , without the appearance total to exceed twenty days.
Article 1.575 – Civil Procedure Act
In cases referred to in the preceding article, shall prepare himself to the defendant , to give the citation, that not appearing in person or by proxy legitimate , state the eviction without quoting or hear .
Article 1.576 – Civil Procedure Act
When the defendant has no fixed address , and ignore his whereabouts , it will make the citation in the courtroom of the court to appear at the oral proceedings , under penalty prescribed in the preceding article .
Article 1.577 – Civil Procedure Act
If the defendant who is in the place of judgment , fails to appear at the appointed time, you will again quote the same way , for the immediate day to practice this diligently advising him if it were there , and if not on the ballot to be not gonna let you attend the trial shall be in accordance with eviction and proceed without further quote or hear , to evict you from the property.
This second notice will not be made absent .
Article 1.578 – Civil Procedure Act
If the defendant fails to appear which shall be found in the place of judgment after the second call , nor absent after the first , the court shall render judgment immediately , declaring there in eviction , and launch admonishing the defendant , if not vacate the farm within the corresponding term of the indicated in Article 1596.
Article 1.579 – Civil Procedure Act
Attending parties to oral proceedings , exhibited in him by his order that his right lead and immediately formulate all the evidence that suits them. Admitted the deemed pertinent , shall be conducted within the time fixed by the court, which shall not exceed twelve days .
When eviction is founded on failure to pay the stipulated price , no evidence shall be admissible other judicial confession , or the document or receipt stating such payment have been verified .
Article 1.580 – Civil Procedure Act
The day after the test practiced , will join the cars, and the judge shall summon the parties to the continuation of the trial in the immediate verbal , in which you will hear , or the person they choose to speak on their behalf , by extending record it.
Article 1.581 – Civil Procedure Act
The judge, within three days after completion of the oral proceedings , render judgment , ruling or may not lead to eviction, and admonishing in the first case the defendant throw if the estate does not vacate within the terms of the Article 1596.
This judgment shall be served on the defendant in person , or by ballot , if he resides in the place of trial. In other cases notified in Court , by stopping the same prejudice that if it is done on their person .
Article 1.582 – Civil Procedure Act
The judgment shall include, as declared having no place or eviction , express condemnation of costs to the defendant or the plaintiff.
Article 1.583 – Civil Procedure Act
The judgment may be appealed in both effects before the Provincial Court , appeal can be filed , within three days , in accordance with Articles 733 and following .
If the appeal had been filed by the defendant , the judge will not allow the appeal if not complied thereby preventing in Article 1566.
Article 1.584 – Civil Procedure Act
Admitting the appeal, the file will be sent in the next day, at the Provincial Court.
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