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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5171/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5171 - Liability of debtor for his obligations
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5171 - Liability of debtor for his obligations
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A debtor is liable for the fulfilment of his obligations with all his present and future property.
—Civil Code, 1930, § 1811.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5172/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5172 - Request for reduction and extension of time
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5172 - Request for reduction and extension of time
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A debtor may judicially ask from his creditors a reduction in the amount and an extension of time in the payment of his debts, or either of the two (2) things, but the exercise of this right shall not produce judicial effects, except in the cases and in the manner prescribed in the law of Civil Procedure.
History —Civil Code, 1930, § 1812.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5173/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5173 - Bankruptcy petition
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5173 - Bankruptcy petition
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A debtor, whose liabilities are greater than his assets, and who may have failed to meet his current obligations, must file a petition in bankruptcy (concurso) in a competent court, as soon as he is aware of being in such condition.
History —Civil Code, 1930, § 1813.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5174/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5174 - Effect of declaration in bankruptcy; discharge
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5174 - Effect of declaration in bankruptcy; discharge
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A declaration in bankruptcy disqualifies the bankrupt (concursado) to administer his property and any other, which by law pertains to him.
He shall be reinstated in his rights, upon the termination of the bankruptcy, if no cause preventing it should appear from the qualification of bankruptcy.
History —Civil Code, 1930, § 1814.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5175/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5175 - Immature debts become due
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5175 - Immature debts become due
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By the declaration in bankruptcy, all the immature debts of the bankrupt become due.
Should they be paid before the time fixed in the obligation, they shall suffer the discount in proportion to the amount of the legal interest on the money.
History —Civil Code, 1930, § 1815.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5176/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5176 - Debts cease to bear interest
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5176 - Debts cease to bear interest
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From the date of the declaration in bankruptcy, all the debts of the bankrupt shall cease to bear interest, with the exception of mortgage and pledge credits to the amount of their respective guaranties.
If, after the principal of the debts has been paid, a balance should remain, interest shall be paid, reduced to the legal rate, unless that stipulated is less.
History —Civil Code, 1930, § 1816.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5177/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5177 - Binding character of settlements with creditors
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5177 - Binding character of settlements with creditors
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Settlements, which the debtor and his creditors may judicially agree to, with the formalities of law with regard to the reduction of the amount and extension of time, or in bankruptcy, shall be binding on all the concurrent parties and on those who, having been cited and notified in due form, should not have protested in time. The creditors who, having the right to abstain, should have duly made use of such right, are expected. The creditors included in §§ 5192, 5193, and 5194 of this title have the right to abstain.
History —Civil Code, 1930, § 1817.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5178/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5178 - Decision of majority binds all creditors
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5178 - Decision of majority binds all creditors
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If the settlement for reduction of amount and extension of time is agreed to with creditors of the same class, the legal decision of the majority shall be binding on all, without prejudice to the respective preference of the credits.
History —Civil Code, 1930, § 1818.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5179/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5179 - Effect of compliance or noncompliance with settlement
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5179 - Effect of compliance or noncompliance with settlement
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If the debtor should comply with the settlement, his obligations shall be extinguished in the terms stipulated in the same; but, should he fail to comply with the whole or a part of said settlement, the rights of the creditors shall revive for the sums of their original credits which they may not have received, and any of them may demand a declaration in or continuance of bankruptcy.
History —Civil Code, 1930, § 1819.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-397/5180/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 397 - General Provisions (§§ 5171 — 5180)›§ 5180 - Rights of creditors after termination of bankruptcy
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 397 - General Provisions (§§ 5171 — 5180) › § 5180 - Rights of creditors after termination of bankruptcy
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Should there be no express stipulation to the contrary between the debtor and the creditors, the latter shall preserve their rights, after the termination of the bankruptcy, to collect from the property which the debtor may subsequently acquire that part of their credits not received.
History —Civil Code, 1930, § 1820.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-399/5191/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 399 - Classification of Credits (§§ 5191 — 5195)›§ 5191 - How credits classified
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 399 - Classification of Credits (§§ 5191 — 5195) › § 5191 - How credits classified
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Credits shall be classified for their graduation and payment in the order and manner specified in this chapter.
History —Civil Code, 1930, § 1821.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-399/5192/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 399 - Classification of Credits (§§ 5191 — 5195)›§ 5192 - Credits preferred—As to specified personal property of debtor
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 399 - Classification of Credits (§§ 5191 — 5195) › § 5192 - Credits preferred—As to specified personal property of debtor
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With regard to specified personal property of the debtor, the following are preferred:
(1) Credits for the construction, repair, preservation, or for the amount of the sale of personal property which may be in the possession of the debtor to the extent of the value of the same.
(2) Those secured by a pledge which may be in the possession of the creditor, with regard to the thing pledged and to the extent of its value.
(3) Those guaranteed by a security of goods or securities constituted in a public or commercial establishment with regard to the security and for the value of the same.
(4) Credits for transportation, with regard to the goods transported, for the amount of said transportation, expenses and rates of carriage and preservation, until the time of the delivery and for a period of thirty (30) days afterwards.
(5) Expenses of boarding with regard to the personal property of the debtor remaining in inns.
(6) Credits for seeds and expenses of cultivation and harvesting, advanced to the debtor, with regard to the fruits of the crops to which they were applied.
(7) Credits for rents and leases for one (1) year with regard to the personal property of the lessee existing on the estate leased and on the fruits thereof.
If the personal property, with regard to which the preference is allowed, has been surreptitiously removed, the creditor may claim it from the person who has the same, within the term of thirty (30) days counted from the time it was so removed.
History —Civil Code, 1930, § 1822.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-399/5193/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 399 - Classification of Credits (§§ 5191 — 5195)›§ 5193 - Credits preferred—As to certain real property rights on realty
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 399 - Classification of Credits (§§ 5191 — 5195) › § 5193 - Credits preferred—As to certain real property rights on realty
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With respect to certain real property and rights on the realty of the debtor, the following shall have preference:
(1) Credits in favor of the Commonwealth of Puerto Rico, the Municipal Revenue Collection Center, or the corresponding municipality on the taxpayer’s assets for the amount of the last five (5) annual assessments and the current unpaid taxes encumbering them.
(2) Credits for advances for agricultural purposes, as to the crops on the property for which such advances are made.
(3) Credits of insurers, with regard to the property insured, for the insurance premiums for two (2) years, and should the insurance be mutual, for the last two (2) dividends declared.
(4) Mortgage and agricultural credits (refaccionarios) entered and recorded in the registry of property, with regard to the property mortgaged, or which had been the object of the agricultural loan (refacción).
(5) Credits, of which a cautionary notice has been made in the registry of property by virtue of a judicial mandate, by reason of attachments, sequestrations, or execution of judgments, with regard to the property entered therein and only with regard to subsequent credits.
(6) Agricultural loans not entered or recorded with regard to the real estate to which the agricultural loan (refacción) relates, and only with regard to other credits from that mentioned in the four (4) preceding subsections.
History —Civil Code, 1930, § 1823; July 23, 1974, No. 125, Part 1, p. 564, § 5; Aug. 30, 1991, No. 83, § 7.06; Sept. 19, 1996, No. 241, § 15.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-399/5194/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 399 - Classification of Credits (§§ 5191 — 5195)›§ 5194 - Credits preferred—As to all other personal and real property
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 399 - Classification of Credits (§§ 5191 — 5195) › § 5194 - Credits preferred—As to all other personal and real property
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With respect to all other personal and real property of the debtor, the following shall have preference:
(1) Credits in favor of the Commonwealth of Puerto Rico, the Municipal Revenue Collection Center, or the corresponding municipality, for the taxes of the last five (5) delinquent annual assessments and the current unpaid assessment which is not included in subsection (1) of § 5193 of this title.
(2) Credits for advances for agricultural purposes, as to the crops on the property for which such advances are made.
(3) Those due:
(a) For judicial expenses and those of administration of bankruptcy for the common interest of the creditors, made with the proper authorization or approval.
(b) For the funeral expenses of the debtor, according to the customs of the place, and also those of his wife and of his children, under their parental authority, should they have no property of their own.
(c) For expenses of the last illness of said persons, incurred during the last year, counted up to the day of their death.
(d) For daily wages and salaries of employees and domestic servants for the last year.
(e) For advances made to the debtor for himself and his family constituted under his authority, in provisions, clothing, or shoes, for the same period of time.
(f) For income for support during proceedings in bankruptcy, unless they are based on mere beneficence.
(4) Indebtedness which without a special privilege appear:
(a) In a public instrument.
(b) In a final judgment, should they have been the object of litigation.
These credits shall have preference among themselves according to the priority of dates of the instruments and of the judgments.
History —Civil Code, 1930, § 1824; July 23, 1974, No. 125, Part 1, p. 564, § 6; Sept. 19, 1996, No. 241, § 16.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-399/5195/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 399 - Classification of Credits (§§ 5191 — 5195)›§ 5195 - Credits having no preference
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 399 - Classification of Credits (§§ 5191 — 5195) › § 5195 - Credits having no preference
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Credits of any other kind or for any other consideration not included in the preceding sections, shall have no preference.
History —Civil Code, 1930, § 1825.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-401/5211/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214)›§ 5211 - Effect of preferred credits as to certain personal property; priority
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214) › § 5211 - Effect of preferred credits as to certain personal property; priority
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Credits which enjoy preference with regard to certain personal property exclude all the others to the extent of the value of the personal property to which the preference refers.
When two (2) or more creditors claim preference with regard to certain personal property, the following rules shall be observed as to priority of payment:
(1) Credits secured by a pledge exclude all others to the extent of the value of the thing given in pledge.
(2) In case there is a security, should the latter be legally constituted in favor of more than one creditor, the priority between them shall be determined by the order of the dates of the execution of the guaranty.
(3) Credits for advances for seeds, expenses of cultivation, and harvesting, shall be preferred over those for rents and leases, with regard to the fruits of the crop for which they were incurred.
(4) In all other cases the value of the personal property shall be distributed pro rata among the credits which enjoy special preference with regard to the same property.
History —Civil Code, 1930, § 1826.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-401/5212/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214)›§ 5212 - Effect of preferred credits as to certain real property or rights; priority
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214) › § 5212 - Effect of preferred credits as to certain real property or rights; priority
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Credits which enjoy preference with regard to certain real property or property rights exclude all others from their amounts to the extent of the value of the real estate or property rights to which the preference refers.
If two (2) or more credits affecting certain real property or property rights should concur, the following rules shall be observed with regard to their priority:
(1) Those mentioned in subsections (1) and (2) of § 5193 of this title shall be preferred, according to their order, to those included in the other subsections of the same section.
(2) Mortgages and agricultural credits entered or recorded, mentioned in subsection (4) of said § 5193 of this title, and those included in subsection (5) of the same, shall enjoy priority among themselves according to the priority of the respective entries or record in the registry of property.
(3) Agricultural credits not recorded or entered in the registry, referred to in subsection (6) of § 5193 of this title, shall enjoy preference among themselves in the inverse order of their priority.
History —Civil Code, 1930, § 1827.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-401/5213/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214)›§ 5213 - Disposition of residue of debtor’s estate
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214) › § 5213 - Disposition of residue of debtor’s estate
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The residue of the estate of a debtor, after the credits which enjoy preference with regard to certain property, personal or real, have been paid, shall become part of the free property which he may possess for the payment of the other credits.
Those which enjoy preference with regard to certain property, personal or real, and which should not have been totally paid with the amount of such property, shall be paid with regard to the deficit in the order and place pertaining thereto, according to their respective characters.
History —Civil Code, 1930, § 1828.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xvii/chapter-401/5214/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214)›Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214)›§ 5214 - Order of payment of credits having no preference, etc
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVII - Concurrence and Preference of Credits (§§ 5171 — 5214) › Chapter 401 - Priority of Payments of Credits (§§ 5211 — 5214) › § 5214 - Order of payment of credits having no preference, etc
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Credits which have no preference with regard to certain property, and those which have preference for the amount not collected, or when the right of preference should have prescribed, shall be paid according to the following rules:
(1) In the order established in § 5194 of this title.
(2) Those preferred by dates, according to their order, and those which have a common date, pro rata.
(3) Common credits, referred to in § 5195 of this title, without consideration of their dates.
History —Civil Code, 1930, § 1829.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5241/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5241 - Acquisition of ownership and rights; extinction of rights and actions
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5241 - Acquisition of ownership and rights; extinction of rights and actions
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Ownership and other property rights are acquired by prescription in the manner and under the conditions specified by law.
Rights and actions, of any kind whatsoever, also are extinguished by prescription in the same manner.
History —Civil Code, 1930, § 1830.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5242/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5242 - Who may acquire property or rights by prescription
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5242 - Who may acquire property or rights by prescription
|
Persons qualified to acquire property or rights by other legal means may also acquire the same by prescription.
History —Civil Code, 1930, § 1831.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5243/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5243 - Extinction of rights and actions by prescription
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5243 - Extinction of rights and actions by prescription
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Rights and actions shall extinguish by prescription to the prejudice of all kinds of persons, including judicial persons, in the terms prescribed by law.
History —Civil Code, 1930, § 1832.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5244/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5244 - Prescription by coproprietor or owner in common
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5244 - Prescription by coproprietor or owner in common
|
Prescription acquired by a coproprietor or owner in common benefits all the others.
History —Civil Code, 1930, § 1833.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5245/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5245 - Effects of prescription upon inheritance
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5245 - Effects of prescription upon inheritance
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Prescription produces its judicial effects in favor and against the inheritance, before the latter has been accepted, and during the time granted to make an inventory and for deliberation.
History —Civil Code, 1930, § 1834.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5246/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5246 - Renunciation of prescription
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5246 - Renunciation of prescription
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Persons with the capacity to alienate may renounce the prescription acquired, but not the right to prescription in the future.
Prescription shall be understood as renounced in an implied manner when the renunciation arises from facts which lead to the supposition that the right acquired has been abandoned.
History —Civil Code, 1930, § 1835.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5247/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5247 - Things capable of prescription
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5247 - Things capable of prescription
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All things which are the object of commerce are capable of prescription.
History —Civil Code, 1930, § 1836.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5248/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5248 - Creditors and other interested persons may benefit
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5248 - Creditors and other interested persons may benefit
|
Creditors and any other person interested in validating a prescription may benefit thereby, notwithstanding the express or implied renunciation of the debtor or owner.
History —Civil Code, 1930, § 1837.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5249/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5249 - Application of other provisions
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5249 - Application of other provisions
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The provisions of this part shall be understood without prejudice to what may be established in this title or in special laws with regard to specified cases of prescription.
History —Civil Code, 1930, § 1838.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-405/5250/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 405 - General Provisions (§§ 5241 — 5250)›§ 5250 - Prescription beginning prior to code
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 405 - General Provisions (§§ 5241 — 5250) › § 5250 - Prescription beginning prior to code
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Prescriptions which began to run before the publication of this Code shall be governed by the prior laws; but if, after this Code became operative, all the time required in the same for prescription has elapsed, it shall be effectual, even if according to said prior laws a longer period of time may be required.
History —Civil Code, 1930, § 1839.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5261/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5261 - Possession in good faith and under proper title required
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5261 - Possession in good faith and under proper title required
|
For ordinary prescription of ownership and other property rights, it is necessary to possess things in good faith and under a proper title, during the time specified by law.
History —Civil Code, 1930, § 1840.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5262/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5262 - Character of possession
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5262 - Character of possession
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Possession must be in the capacity of an owner, public, peaceful, and uninterrupted.
History —Civil Code, 1930, § 1841.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5263/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5263 - Acts of possessory character by license or tolerance
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5263 - Acts of possessory character by license or tolerance
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Acts of a possessory character, performed by virtue of a license, or by mere tolerance on the part of the owner, are of no effect for establishing possession.
History —Civil Code, 1930, § 1842.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5264/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5264 - Interruption of possession naturally or civilly
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5264 - Interruption of possession naturally or civilly
|
For the effects of prescription, possession is interrupted either naturally or civilly.
History —Civil Code, 1930, § 1843.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5265/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5265 - Natural interruption
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5265 - Natural interruption
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Possession is interrupted naturally, when, for any cause whatsoever, it ceases for more than one year.
History —Civil Code, 1930, § 1844.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5266/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5266 - Civil interruption
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5266 - Civil interruption
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Civil interruption is caused by a judicial citation of the possessor, even should it be by order of a court or of a judge without jurisdiction.
History —Civil Code, 1930, § 1845.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5267/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5267 - Civil interruption—When judicial citation considered not made
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5267 - Civil interruption—When judicial citation considered not made
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The judicial citation shall be considered as not made and shall not cause interruption:
(1) If it should be void by reason of the absence of legal formalities.
(2) If the plaintiff should withdraw his complaint or should permit the proceedings to lapse.
(3) If the suit against the possessor should be dismissed.
History —Civil Code, 1930, § 1846.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5268/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5268 - Civil interruption—By judicial or notarial notice
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5268 - Civil interruption—By judicial or notarial notice
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Civil interruption shall also take place on judicial or notarial notice, provided that within two (2) months from the execution thereof a complaint as to the possession or ownership of the thing contested be presented to the court or judge.
History —Civil Code, 1930, § 1847.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5269/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5269 - Acknowledgment interrupts possession
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5269 - Acknowledgment interrupts possession
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Any express or implied acknowledgment which the possessor may make with regard to the right of the owner also interrupts possession.
History —Civil Code, 1930, § 1848.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5270/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5270 - Recorded title
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5270 - Recorded title
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Against the title recorded in the registry of property, the ordinary prescription of ownership or of property rights shall not obtain to the prejudice of a third person, except by virtue of another title similarly recorded, and the time shall begin to run from the date of the entry of the latter.
History —Civil Code, 1930, § 1849.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5271/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5271 - Good faith defined
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5271 - Good faith defined
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Good faith of the possessor consists in his belief that the person from whom he received the thing was the owner of the same, and could convey his title.
History —Civil Code, 1930, § 1850.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5272/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5272 - Good faith defined—Other requirements
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5272 - Good faith defined—Other requirements
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The conditions of good faith, required for possession in §§ 1424, 1425, and 1651 of this title, are equally necessary for the determination of said requisite in the prescription of ownership and of other property rights.
History —Civil Code, 1930, § 1851.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5273/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5273 - Proper title defined
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5273 - Proper title defined
|
By a proper title is understood that which legally suffices to transfer the ownership or property right, the prescription of which is in question.
History —Civil Code, 1930, § 1852.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5274/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5274 - True and valid title required
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5274 - True and valid title required
|
The title for prescription must be true and valid.
History —Civil Code, 1930, § 1853.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5275/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5275 - Proper title must be proven
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5275 - Proper title must be proven
|
A proper title must be proven; it never can be presumed.
History —Civil Code, 1930, § 1854.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5276/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5276 - Term of prescription for personal property; rights of owner
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5276 - Term of prescription for personal property; rights of owner
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The ownership of personal property prescribes by uninterrupted possession in good faith for a period of three (3) years.
The ownership of personal property also prescribes by uninterrupted possession for six (6) years, without the necessity of any other condition.
The provisions of § 1479 of this title shall be observed with regard to the rights of the owner to recover the personal property lost or of which he may have been illegally deprived, and also with regard to those acquired at an auction, on exchanges, at fairs or markets, or from a merchant legally established or customarily engaged in the traffic of similar objects.
History —Civil Code, 1930, § 1855.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5277/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5277 - Personal property stolen or robbed
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5277 - Personal property stolen or robbed
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Personal property stolen or robbed cannot prescribe to the persons who stole or robbed the same, nor to their accomplices, or harborers, unless the crime or misdemeanor or their penalties and the action to demand the civil liability, arising from the crime or misdemeanor, have prescribed.
History —Civil Code, 1930, § 1856.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5278/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5278 - Term of prescription for real property and rights
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5278 - Term of prescription for real property and rights
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Ownership and other property rights in real property shall prescribe by possession for ten (10) years as to the persons present, and for twenty (20) years with regard to those absent, with good faith and with a proper title.
History —Civil Code, 1930, § 1857.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5279/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5279 - Persons considered absent
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5279 - Persons considered absent
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For the purposes of prescription, a person who resides outside of Puerto Rico, either in the United States, in foreign countries or in any other point, shall be considered as absent.
If said person was present during part of the time and absent during another part, every two (2) years of absence shall be considered as one year to complete the ten (10) years of the time required to be present.
Absence which is not for a whole and continuous year shall not be considered in the computation.
History —Civil Code, 1930, § 1858.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5280/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5280 - Prescription by possession without title or good faith
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5280 - Prescription by possession without title or good faith
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Ownership and other property rights in real property shall also prescribe by uninterrupted possession of the same for thirty (30) years without the necessity of title nor good faith and without distinction between present and absent persons, with the exception mentioned in § 1653 of this title.
History —Civil Code, 1930, § 1859.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-407/5281/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281)›§ 5281 - Computation of time
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 407 - Prescription of Ownership and Other Property Rights (§§ 5261 — 5281) › § 5281 - Computation of time
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In the computation of the time necessary for prescription, the following rules shall be observed:
(1) The actual possessor may complete the time necessary for prescription by adding to his time that of his constituent.
(2) It is presumed that the actual possessor, who may have been a possessor at a former period, has continued to be such possessor during the time intervening, unless there is proof to the contrary.
(3) The day on which the time begins to run is considered as a whole day, but the last day must be wholly completed.
History —Civil Code, 1930, § 1860.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5291/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5291 - Actions prescribed by lapse of time
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5291 - Actions prescribed by lapse of time
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Actions are prescribed by the mere lapse of time specified by law.
History —Civil Code, 1930, § 1861.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5292/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5292 - Real actions as to personal property
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5292 - Real actions as to personal property
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Real actions with regard to personal property prescribe after the lapse of six (6) years from the loss of possession, unless the possessor may have during a shorter term acquired the ownership in accordance with § 5276 of this title, and with the exception of the cases of loss and public sale, and those of theft and robbery, in which cases the provisions of the third paragraph of said section shall be observed.
History —Civil Code, 1930, § 1862.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5293/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5293 - Real actions as to real property
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5293 - Real actions as to real property
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Real actions with regard to real property prescribe after thirty (30) years.
This provision is understood without prejudice to the prescriptions relating to the acquisition of ownership or of property rights by prescription.
History —Civil Code, 1930, § 1863.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5294/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5294 - Mortgage action; personal actions for which term not fixed
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5294 - Mortgage action; personal actions for which term not fixed
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A mortgage action prescribes after twenty (20) years, and those which are personal and for which no special term of prescription is fixed, after fifteen (15) years.
—Civil Code, 1930, § 1864.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5295/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5295 - Action to demand division of inheritance, division of common thing or survey of properties
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5295 - Action to demand division of inheritance, division of common thing or survey of properties
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Among coheirs, coowners, or proprietors of adjacent estates, the action to demand the division of the inheritance, of the thing held in common, or the survey of the adjacent properties does not prescribe.
History —Civil Code, 1930, § 1865.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5296/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5296 - Actions which prescribe in five (5) years
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5296 - Actions which prescribe in five (5) years
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Actions to demand the fulfilment of the following obligations prescribe in five (5) years:
(1) For the payment of income for support.
(2) For the payment of rents, whether derived from rural or from town property.
(3) That of any other payments which should have been made annually or in shorter periods.
History —Civil Code, 1930, § 1866.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5297/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5297 - Actions which prescribe in three (3) years
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5297 - Actions which prescribe in three (3) years
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Actions for the fulfilment of the following obligations shall prescribe in three (3) years:
(1) For the payment of judges, lawyers, registrars, notaries public, experts, agents, and clerks, for their charges and fees and the expenses and disbursements incurred by them in the discharge of their duties or offices in the matters to which the obligations refer.
(2) For payments to apothecaries for medicines which they have supplied; to professors and teachers for their salaries and stipends for the instruction they have given, or for the exercise of their profession, art, or trade.
(3) For the payment of mechanics, servants, and laborers the amounts due for their services, and for the supplies or disbursements they may have incurred with regard to the same.
(4) For the payment of board and lodging to innkeepers, and to traders for the value of goods sold to others who are not traders, or who, being such, are engaged in a different trade.
The time for the prescription of actions referred to in the three (3) preceding paragraphs shall be counted from the time the respective services have ceased to be rendered.
History —Civil Code, 1930, § 1867.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5298/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5298 - Actions which prescribe in one year
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5298 - Actions which prescribe in one year
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The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof.
—Civil Code, 1930, § 1868.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5299/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5299 - Date prescription begins—Actions not otherwise provided for
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5299 - Date prescription begins—Actions not otherwise provided for
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The time for the prescription of all kinds of actions, when there is no special provision to the contrary, shall be counted from the day on which they could have been instituted.
History —Civil Code, 1930, § 1869.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5300/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5300 - Date prescription begins—Actions as to principal with interest or rent and annuities
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5300 - Date prescription begins—Actions as to principal with interest or rent and annuities
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The time for the prescription of actions, the object of which is to demand the fulfilment of obligations with regard to principal with interest or rent, runs from the last payment of rent or interest.
The same shall be understood with regard to the principal of the consignative or transferable annuity.
In emphyteutic and reservative annuities the time for the running of the prescription shall be counted from the last payment of the pension or income.
History —Civil Code, 1930, § 1870.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5301/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5301 - Date prescription begins—Obligations declared in a judgment
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5301 - Date prescription begins—Obligations declared in a judgment
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The period for the prescription of actions to demand the fulfilment of obligations declared in a judgment shall begin from the day the judgment became final.
History —Civil Code, 1930, § 1871.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5302/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5302 - Date prescription begins—Actions as to accounts
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5302 - Date prescription begins—Actions as to accounts
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The term for the prescription of actions to demand the rendering of accounts runs from the day on which those who should have rendered them ceased in their charges.
That pertaining to the action for the balance of accounts, from the date on which the latter was acknowledged by agreement of the parties interested.
History —Civil Code, 1930, § 1872.
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5303/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5303 - Interruption of prescription
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5303 - Interruption of prescription
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Prescription of actions is interrupted by their institution before the courts, by extrajudicial claim of the creditor, and by any act of acknowledgment of the debt by the debtor.
—Civil Code, 1930, § 1873.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5304/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5304 - Effect of interruption on other creditors or debtors, and heirs of debtor
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5304 - Effect of interruption on other creditors or debtors, and heirs of debtor
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Interruption of prescription of actions in joint obligations equally benefits or injures all the creditors or debtors.
This provision is likewise applicable with regard to the heirs of the debtor in all kinds of obligations.
In obligations in common, when the creditor does not claim from one of the debtors more than the part pertaining to him, prescription is not interrupted for that reason with regard to the other co-debtors.
—Civil Code, 1930, § 1874.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-4/part-xviii/chapter-409/5305/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305)›PART XVIII - Prescription (§§ 5241 — 5305)›Chapter 409 - Prescription of Actions (§§ 5291 — 5305)›§ 5305 - Effect of interruption on surety
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2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART XVIII - Prescription (§§ 5241 — 5305) › Chapter 409 - Prescription of Actions (§§ 5291 — 5305) › § 5305 - Effect of interruption on surety
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Interruption of the prescription against the principal debtor by suit for debt shall also lie against his surety; but that arising from extrajudicial claims of the creditor or private acknowledgments of the debtor shall not prejudice said surety.
History —Civil Code, 1930, § 1875.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/253/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 253 - Absent persons
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 253 - Absent persons
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If when the cause of action accrues against a person, he is out of the Commonwealth of Puerto Rico, the action may be commenced within the term herein limited after his return to said Commonwealth, and if, after the cause of action accrues, he departs from said Commonwealth, the time of his absence is not part of the time limited for the commencement of the action.
History —Code Civil Proc., 1933, § 39.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/254/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 254 - Persons under disability
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 254 - Persons under disability
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If a person entitled to bring an action, other than the recovery of real property, be at the time the cause of action accrued, either:
(1) Within the age of majority; or
(2) insane; or
(3) imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life; or
(4) a married woman, and her husband be a necessary party with her in commencing such action,
the time of such disability is not a part of the time limited for the commencement of the action.
History —Code Civil Proc., 1933, § 40.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/255/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 255 - Death of parties before limitation expires
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 255 - Death of parties before limitation expires
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If a person entitled to bring an action dies before the expiration of the term limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives, after the expiration of that time, and within one year [of] his death. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.
History —Code Civil Proc., 1933, § 41.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/256/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 256 - Alien subjects or citizens of country at war
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 256 - Alien subjects or citizens of country at war
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When a person is an alien subject, or a citizen of a country at war with the United States, the time of the continuance of the war is not a part of the period limited for the commencement of the action.
History —Code Civil Proc., 1933, § 42.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/258/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 258 - Commencement stayed by injunction or statutory prohibition
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 258 - Commencement stayed by injunction or statutory prohibition
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When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
History —Code Civil Proc., 1933, § 44.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/259/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 259 - Time of existence of disability
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 259 - Time of existence of disability
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No person can avail himself of a disability, unless it existed when his right of action accrued.
History —Code Civil Proc., 1933, § 45.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/260/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 260 - Two or more disabilities
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 260 - Two or more disabilities
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When two (2) or more disabilities co-exist at the time the right of action accrues, the limitation does not attach until they are removed.
History —Code Civil Proc., 1933, § 46.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/261/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 261 - Actions against directors or stockholders of corporations
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 261 - Actions against directors or stockholders of corporations
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This part does not affect actions against directors or stockholders of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such action must be brought within three (3) years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached or the liability was created.
History —Code Civil Proc., 1933, § 47.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/262/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 262 - Acknowledgment or promise to be written and signed
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 262 - Acknowledgment or promise to be written and signed
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No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this part unless the same is contained in some writing, signed by the party to be charged thereby.
History —Code Civil Proc., 1933, § 48.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-i/chapter-41/263/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART I - Time of Commencing Civil Actions (§§ 251 — 264)›Chapter 41 - Generally (§§ 251 — 264)›§ 263 - Actions barred elsewhere
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART I - Time of Commencing Civil Actions (§§ 251 — 264) › Chapter 41 - Generally (§§ 251 — 264) › § 263 - Actions barred elsewhere
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When a cause of action has arisen in a State or Territory of the United States, or in a foreign country, and by the laws thereof an action thereon cannot be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in Puerto Rico, except in favor of one who has been a citizen of said Commonwealth, and who has held the cause of action from the time it accrued.
History —Code Civil Proc., 1933, § 49.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-ii/chapter-49/352/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART II - Parties (§§ 301 — 353)›Chapter 49 - Commonwealth of Puerto Rico as Party (§§ 351 — 353)›§ 352 - Representation in condemnation proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART II - Parties (§§ 301 — 353) › Chapter 49 - Commonwealth of Puerto Rico as Party (§§ 351 — 353) › § 352 - Representation in condemnation proceedings
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In every proceeding for condemnation of private property for public use, the representation of the Commonwealth of Puerto Rico shall fall to the officer designated in the act authorizing such proceeding.
Whenever any act authorizes the condemnation of private property for public use or a proceeding of the nature of condemnation, without designating the officer who is to represent the Commonwealth of Puerto Rico; and whenever any act designates or empowers the Governor to assume the representation of the Commonwealth of Puerto Rico in the said proceedings, such representation shall be assumed either by the Governor himself, or by the Secretary of State with the previous approval of the Governor.
The provision of the foregoing paragraph shall not affect the power heretofore or hereafter conferred on any officer, in alternative with the Governor, to represent the Commonwealth of Puerto Rico in the proceedings to which this section refers.
History —Apr. 20, 1942, No. 39, p. 446, § 2; Apr. 30, 1956, No. 13, p. 36, §§ 1, 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-iv/chapter-59/463/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART IV - Manner of Commencing Civil Actions (§§ 451 — 464)›Chapter 59 - Generally (§§ 451 — 464)›§ 463 - Foreign corporations and companies and persons engaged in transportation of passengers—Subst...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART IV - Manner of Commencing Civil Actions (§§ 451 — 464) › Chapter 59 - Generally (§§ 451 — 464) › § 463 - Foreign corporations and companies and persons engaged in transportation of passengers—Substitute summons and consent to suit
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Any foreign corporation, joint-stock company or trust company whose capital interest is represented by certificates of transferable stock or shares, or any private person engaged in the transportation of passengers in Puerto Rico, or between Puerto Rico and the United States, or between Puerto Rico and abroad, shall submit to the Secretary of State of Puerto Rico a statement informing the following:
(1) The name of said corporation, trust company, company or person.
(2) The location of the principal office or place of business thereof outside of the Commonwealth, and if same is to have a principal office or place of business in the Commonwealth, the premises thereof.
(3) The object or objects of the business thereof.
(4) The consent thereof to the receiving, by the Commissioner of Insurance of Puerto Rico, of summonses addressed to such corporation, trust company or person.
(5) The irrevocable consent thereof to being sued before the courts of Puerto Rico for any cause arising against the same in this Commonwealth or abroad, provided that the cause of action of the claim arises from a transaction made in Puerto Rico, or that the plaintiff was a resident of Puerto Rico when said cause for action arose, and that legal notice of the suit against same, as well as any other judicial proceedings, may be served on the person of the Commissioner of Insurance of Puerto Rico, and that the said legal notice, when served on the said office, as aforesaid, shall for all effects be considered as a notice to the corporation, company, trust company or person. Such summons shall be served on the Commissioner of Insurance of Puerto Rico, and a true and exact copy of the claim and of the summons shall also be sent by registered mail to the defendant at the last known address thereof. The post office receipt shall be made a part of the summons return.
History —May 14, 1951, No. 433, p. 1224, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-iv/chapter-59/464/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART IV - Manner of Commencing Civil Actions (§§ 451 — 464)›Chapter 59 - Generally (§§ 451 — 464)›§ 464 - Foreign corporations and companies and persons engaged in transportation of passengers—Perso...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART IV - Manner of Commencing Civil Actions (§§ 451 — 464) › Chapter 59 - Generally (§§ 451 — 464) › § 464 - Foreign corporations and companies and persons engaged in transportation of passengers—Person defined
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The word “person” as used in § 463 of this title means a natural person, as well as private corporations, companies or associations, whether civil, mercantile or industrial, and also public corporations and associations with juridic personality recognized by law.
History —May 14, 1951, No. 433, p. 1224, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-viii/chapter-105/1130/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART VIII - Execution of Judgment (§§ 1121 — 1211)›Chapter 105 - Execution Generally (§§ 1121 — 1148)›§ 1130 - Homestead exemptions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART VIII - Execution of Judgment (§§ 1121 — 1211) › Chapter 105 - Execution Generally (§§ 1121 — 1148) › § 1130 - Homestead exemptions
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In addition to the homestead exempted by the Homestead Law, the following property belonging to an actual resident of this Commonwealth of Puerto Rico shall be likewise exempted from execution, except as herein otherwise provided:
(1) Chairs, tables, desks and books, to the value of one hundred (100) dollars, belonging to the judgment debtor.
(2) Necessary household, table and kitchen furniture belonging to the judgment debtor, including one sewing machine in actual use in the family, or belonging to a woman, and stove, furniture, beds, bedding and bedsteads, not exceeding in value two hundred (200) dollars, wearing apparel, hanging pictures, oil paintings and drawings, drawn or painted by any member of the family, and family portraits and their necessary frames, provisions actually provided for individual or family use sufficient for one month; one cow with her suckling calf, and one hog with her suckling pigs.
(3) The farming utensils or implements of husbandry of a farmer, not exceeding in value the sum of two hundred (200) dollars; also, two (2) oxen, or two (2) horses, or two (2) mules, and their harness, one cart or wagon, and food for such oxen, horses or mules for one month; also a water right not to exceed the amount of water used for the irrigation of lands actually cultivated by him; also, all seed, grain or vegetables actually provided, reserved on hand for the purpose of planting or sowing at any time within the ensuing six (6) months, not exceeding in value the sum of two hundred (200) dollars.
(4) Tools or implements of a mechanic or artisan necessary to carry on his trade, not exceeding in value the sum of three hundred (300) dollars; the notarial seal and records of a notary public; the instruments and chest of a surgeon, physician, surveyor, and dentist, necessary to the exercise of their profession, with their scientific and professional libraries; the law or professional libraries and office furniture of attorneys, counselors, physicians and judges, and the libraries of ministers of the gospel.
(4a) The motor vehicle considered under the Traffic Law of Puerto Rico, §§ 5001 et seq. of Title 9, as the working tool of its owner; but this exemption shall not be applicable with respect to the collection of debts in connection with the purchase or acquisition price of said vehicle, or incurred for the improvement or the repair thereof, or for fuel, parts or accessories therefor. As to the civil liability resulting from damages to a third person by said motor vehicle, the same shall be exempted from execution up to the sum of six thousand (6,000) dollars.
(5) The cabin or dwelling of a miner, not exceeding in value the sum of two hundred (200) dollars; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, and tools, not exceeding in value two hundred (200) dollars; also, one saddle animal, and one pack animal, together with their saddles and equipments belonging to a miner actually engaged in prospecting, not exceeding in value one hundred (100) dollars.
(6) Two (2) oxen, two (2) horses, or two (2) mules, and their harness; and one cart, wagon, dray or truck by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns a living; and one horse with vehicle and harness, or other equipment used by a physician, surgeon or minister of the gospel, in making his professional visits, with food for such oxen, horses or mules for one month.
(7) Three-fourths (¾) of the earnings of the judgment debtor for personal services rendered at any time within thirty (30) days next preceding the levy of execution, or levy of attachment, when it appears by the debtor’s affidavit, or otherwise, that such earnings are necessary for the use of his family residing in this Commonwealth, supported wholly or in part by his labor.
(8) The shares held by a member of a homestead association duly incorporated, not exceeding in value five hundred (500) dollars, if the person holding the share is not the owner of a homestead under the laws of this Commonwealth.
(9) All moneys, benefits, privileges, or immunities accruing or in any manner growing out of any life insurance on the life of the debtor, when the beneficiary may be the spouse or legal representative of the insured, if the proceeds of the policy [are] to belong to the spouse or heir by law of such deceased debtor, and when they are not, to any amount represented by an annual premium not exceeding fifty (50) dollars.
(10) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements, and apparatus thereto appertaining, and all furniture and uniforms of any fire company or department organized under any law of this Commonwealth.
(11) All arms, uniforms, and accouterments required by law to be kept by any person; also one gun.
(12) All courthouses, jails, public offices, and buildings, schoolhouses, lots, grounds, and personal property appertaining thereto; the fixtures, furnitures, books, papers and appurtenances belonging and appertaining to the courthouse, jail, and public office belonging to any district of this Island, or for the use of schools, and all cemeteries, public squares, parks, and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this Commonwealth. No article or species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon.
(13) All funds, possessions and properties of labor organizations shall likewise be exempt from attachment and execution when the attachment or execution orders are entered in actions arising from or as a result of or in connection with labor disputes, lockouts or strikes; and any attachment or execution orders entered in such actions shall be without any effect.
(14) Common iceboxes expressly designed and commercially known for home use; home-use kitchens; wash machines for home use whose cash price does not exceed two hundred (200) dollars; radio receiving sets whose cash price does not exceed one hundred (100) dollars; television sets for home use whose cash price does not exceed two hundred and fifty (250) dollars per unit, and electric irons for home use, are likewise exempted from attachment and execution.
History —Code Civil Proc., 1933, § 249; Apr. 30, 1946, No. 513, p. 1546; May 2, 1949, No. 159, p. 424; June 28, 1962, No. 113, p. 336, § 1; June 27, 1973, No. 3, p. 755, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-viii/chapter-105/1133/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART VIII - Execution of Judgment (§§ 1121 — 1211)›Chapter 105 - Execution Generally (§§ 1121 — 1148)›§ 1133 - Notice of sale-penalties for omission or destruction of notice
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART VIII - Execution of Judgment (§§ 1121 — 1211) › Chapter 105 - Execution Generally (§§ 1121 — 1148) › § 1133 - Notice of sale-penalties for omission or destruction of notice
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An officer selling without the notice prescribed by the last section forfeits five hundred (500) dollars to the aggrieved party, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judgment be satisfied before the sale), forfeits five hundred (500) dollars, which shall be collected by the Prosecuting Attorney and paid into the Commonwealth Treasury.
History —Code Civil Proc., 1933, § 252.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1476/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1476 - Payment of fees in internal revenue stamps; cancellation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1476 - Payment of fees in internal revenue stamps; cancellation
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All amounts received in the office of the General Court of Justice of Puerto Rico as fees fixed by the Supreme Court for civil actions shall be paid by electronic means or through any method or instrument adopted by the court in coordination with the Secretary of the Treasury. The Chief Justice of the Supreme Court or the person onto whom he/she delegates such authority shall establish the appropriate controls for the collection of such fees, according to the selected payment method.
The Judicial Branch shall adopt a system whereby each party shall make a one-time payment on account of filing fees the first time it appears before the Court of First Instance, the Court of Appeals, or the Supreme Court.
History —Mar. 11, 1915, No. 17, p. 45, § 1; Aug. 12, 1998, No. 235, § 1; Nov. 9, 1998, No. 274, § 1; Sept. 29, 2004, No. 492, § 1; July 30, 2009, No. 47, § 4, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1477/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1477 - Schedule of fees payable to clerks and marshals
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1477 - Schedule of fees payable to clerks and marshals
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A forty-dollar ($40) filing fee shall be paid for each oral or written motion or petition for stay of the hearing on the merits of any litigious civil case heard in the Court of First Instance. A twenty-dollar ($20) filing fee shall be paid in the case of an oral or written motion or petition for stay of a hearing at any other stage or event of the judicial process. Filing fees for stay of proceedings shall apply also to petitions for stay of proceedings made orally before the courts, and in the case such stay is sought by stipulation, each party subscribing the same shall be required to pay such fee independently. In the case of an oral petition, the courts shall ensure strict compliance with the provisions provided herein and order the payment of said fees as soon as possible.
These fees shall be paid by the attorney for the party when, in the written petition for stay, the signature of the represented party does not appear, or when such an agreement does not arise from the oral petition, as affirmed by the attorney. Should the party be in agreement, the latter and not his/her attorney shall be liable for the payment of the corresponding fee.
Except as provided below, every petition for stay of proceedings shall bear the corresponding special stay of proceedings stamp or include attesting evidence of the payment of such fees at the Court Clerk Office, if other payment methods are adopted. The payment of the fee for stay of proceedings shall be automatic and shall not affect the authority and power of the court to deny or grant the stay requested, as applicable, to institute an action for contempt or to impose other sanctions to the parties or their attorneys.
As an exception, the courts may exempt from the payment of the filing fee for stay of proceedings herein provided, when, jointly with a duly grounded petition for stay, the petitioner shows attesting evidence that his/her petition for stay is due to a conflict in schedule caused by the court for summoning the petitioner in his/her absence. When a party or its attorney files a petition for exemption from the payment of the fee for the stay of proceedings, under this exception, it shall not enclose the special stamp corresponding to the fee for stay of proceedings, nor pay it by other means to be adopted in the future, until the court resolves such petition and orders otherwise, if it so determine. If the court does not grant the petition for exemption from the payment of the fee for stay of proceedings provided herein, because the circumstances therefor did not concur, the court shall order the attorney or party filing such petition for stay to pay the corresponding fees at the Court Clerk Office within a term it deems appropriate.
The Commonwealth of Puerto Rico, its agencies and other instrumentalities, institutions and other natural or juridical persons at present exempted from the payment of the costs and fees prescribed by law shall continue to be exempted from payment of the fee for stay of proceedings herein provided.
The Secretary of the Treasury shall design a special stay of proceedings stamp and sell it according to the regulations in effect regarding internal revenue stamps or any other regulations that he/she may adopt to such effect. Likewise, it may establish the payment of the fee for stay of proceedings provided herein electronically, in coordination with the Chief Justice of the Supreme Court of Puerto Rico.
The Secretary of the Treasury shall use the amounts collected on account fees for the stay of proceedings to defray the expenses and fees of attorneys appointed by the court. Likewise, any surplus shall be appropriated to the Department of Justice so that, according to the existing needs, it may hire institutions to render free legal services to persons with limited financial resources.
History —Mar. 11, 1915, No. 17, p. 45, § 2; Apr. 25, 1942, No. 51, p. 500; July 24, 1952, No. 20, p. 88; June 27, 1969, No. 89, p. 247; June 5, 1973, No. 86, p. 376; July 23, 1974, No. 144, Part 1, p. 667; July 23, 1974, No. 156, Part 1, p. 714; June 30, 1978, No. 90, p. 276, §§ 1, 2; Aug. 12, 1982, No. 4, § 1, p. 219; Aug. 12, 1998, No. 235, § 2; June 3, 2004, No. 137, § 30; July 30, 2009, No. 47, § 5, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1479/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1479 - Other fees prohibited
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1479 - Other fees prohibited
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Court officials may not collect fees in any civil action other than those fixed by the Supreme Court of Puerto Rico through resolution in accordance with the authority conferred thereto by virtue of §§ 1476-1482 of this title. However, if the payment of such fee is made by means of stamps, court officials may receive an amount in excess of the corresponding fee whenever the person carrying out said transaction makes a payment in excess, despite having been advised verbally or otherwise that he/she is making a payment in excess. Court officials may also receive and cancel fees in excess of those provided by the law when said fees are filed by mail, when such payment method is employed, or when the pleadings contain a payment in excess have been deposited in the filing drop boxes established by the Judicial Branch. Once the fees in excess are cancelled, it shall be presumed that whoever carried out the transaction consented thereto.
History —Mar. 11, 1915, No. 17, p. 45, § 4, renumbered as § 3 and amended on Aug. 12, 1998, No. 235, § 4; Sept. 29, 2004, No. 492, § 2; July 30, 2009, No. 47, § 6, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1480/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1480 - Penalties
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1480 - Penalties
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Any court official who, in any civil action, deliberately collects or receives fees other than those fixed by the Supreme Court in accordance with the authority conferred thereto by law, except in the case of a payment in excess of the fees provided under § 1479 of this title, or who deliberately fails to comply with the duties imposed upon him/her by §§ 1476—1482 of this title, shall be guilty of a misdemeanor.
History —Mar. 11, 1915, No. 17, p. 45, § 5, renumbered as § 4 and amended on Aug. 12, 1998, No. 235, § 5; Sept. 29, 2004, No. 492, § 3; July 30, 2009, No. 47, § 7, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1481/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1481 - Documents not bearing stamps void
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1481 - Documents not bearing stamps void
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Each and every document or petition which requires the payment of a court filing fee shall be null and void, and shall not be admitted as evidence in trial unless such payment is duly evidenced, pursuant to the rules established by the Chief Justice of the Supreme Court or the person onto whom he/she so delegates.
History —Mar. 11, 1915, No. 17, p. 45, § 6, renumbered as § 5 and amended on July 30, 2009, No. 47, § 8, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1482/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1482 - Persons unable to pay fees; documents exempt from fees
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1482 - Persons unable to pay fees; documents exempt from fees
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Any person residing in Puerto Rico who wishes to initiate a civil action or appeal but is unable to pay the fee fixed by the Supreme Court or the fees for the stay of proceedings required under §§ 1476–1482 of this title, may present to the Court Clerk an affidavit stating his/her inability to pay such fees, together with a copy of his/her proposed complaint. The Clerk shall submit both the affidavit and the complaint or appeal to the judge of the court, as the case may be, and should the judge deem that the complaint is sufficient in law and that the inability to pay the fee established herein is proven, he/she shall allow such complaint to be filed, the plaintiff shall thereafter be entitled to all the services of all court officials, and the benefits of all writs and processes as if all such fees had been paid. Furthermore, if any person against whom an action is brought is unable to pay the fees fixed by the Supreme Court or the fees for the stay of proceedings required under §§ 1476—1482 of this title, he/she may file said affidavit, together with a copy of his/her reply to the complaint or any other pleadings in said cause with the Court Clerk who shall immediately submit it to the judge of the court, and if in the opinion of said judge the defendant presents a meritorious plea, the defendant shall thereafter be entitled to the services of all court officials and the benefits of all writs and processes as if all such fees had been paid. However, the judge may require additional information as he/she may deem necessary whenever any party requests to be exempted from the payment of costs. Appellate or discretionary remedies filed with the Court of Appeals or the Supreme Court shall enjoy said exemption according to the procedure provided. Documents for the approval of acknowledgement of natural children, judicial authorizations for the benefit of minors or persons with disabilities, when application shows that the value of the property does not exceed one thousand dollars ($1,000), and applications for the declaration of heirs, when the petition shows that the value of the estate does not exceed one thousand dollars ($1,000), shall be exempted from the payment of fees.
History —Mar. 11, 1915, No. 17, p. 45, § 7; Apr. 27, 1942, No. 58, p. 568; Mar. 30, 1949, No. 7, p. 28; renumbered as § 6 and amended on Aug. 12, 1998, No. 235, § 6; July 30, 2009, No. 47, § 9, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1482a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1482a - Payment of fees
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1482a - Payment of fees
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Any law establishing fees other than those fixed by the Supreme Court through resolution or the fees for the stay of proceedings provided in §§ 1476—1482 of this title, shall be deemed to be repealed and the fees established for payment to the court clerks and marshals shall be those fixed by the Supreme Court in accordance with the authority conferred thereto by law.
History —Aug. 12, 1998, No. 235, § 7; July 30, 2009, No. 47, § 10, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1482e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1482e - Creation of Special Fund
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1482e - Creation of Special Fund
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The Administrative Director of Courts shall keep a register of all internal revenue stamps cancelled for fees in civil actions while such form of payment is used. If other forms of payment for the services of the Judicial Branch are established, the Chief Justice of the Supreme Court or the person to who he/she delegates shall adopt control mechanisms as necessary in coordination with the Secretary of the Treasury. The amounts collected for the services provided by the Judicial Branch shall be covered into a special fund in the Department of the Treasury, which shall be administered by the Administrative Director of Courts with the approval of the Chief Justice of the Supreme Court of Puerto Rico. The Secretary of the Treasury may only withhold up to two percent (2%) of the total amount of the revenues on account of fees paid for civil actions to defray the administrative costs entailed by said activity. Twenty percent (20%) of the amount withheld shall be allocated to the Department of the Treasury, and the remaining eighty percent (80%) shall be deposited in the General Fund of the Commonwealth of Puerto Rico. The resources of this Special Fund shall be kept separate from any other fund under the custody of the Secretary of the Treasury and shall not be used for purposes other than those set forth in §§ 1476–1482 of this title. The Administrative Director of the Courts shall use the money covered into said fund to defray the cost of improving the working conditions and providing salary raises to the Judicial Branch employees, excluding judges, and to purchase equipment and other supplies as necessary, carry out improvements, and attend to all those other matters that inure to the benefit of the Judicial Branch. Provided, further, That said Administrative Director may take money on loan for such purposes under the terms that are most beneficial to the public interest, securing the payment of the obligations thus contracted with the resources of the Special Fund created by virtue of this section or any other available resources, provided that the Chief Justice of the Supreme Court of Puerto Rico so approves.
History —Aug. 12, 1998, No. 235, § 11, renumbered as § 8 and amended on Nov. 9, 1998, No. 274, § 3; July 30, 2009, No. 47, § 11, eff. July 1, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1492/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1492 - Exemption from fees of loans by United States—Authentication of documents
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1492 - Exemption from fees of loans by United States—Authentication of documents
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Every public or private document executed for the purpose of contracting and securing mortgage loans, crop loans, or loans of any other nature, by the Government of the United States of America or any of its agencies or instrumentalities, as well as every other public or private document executed to evince the delivery of the amount of the loan, or the partial or full payment of such loan, as well as the total or partial cancellation of the corresponding securities; and every other public or private doucment which it may be necessary to execute in relation with such loans and the corresponding securities, shall be autheticated by any notary of Puerto Rico, or by any public officer, in the proper case, free from the fees prescribed by law.
History —June 22, 1954, No. 81, p. 412, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1493/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1493 - Exemption from fees of loans by United States—Recording free from fees, taxes, or imposts;...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1493 - Exemption from fees of loans by United States—Recording free from fees, taxes, or imposts; judicial proceedings
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The deeds and other documents to which § 1492 of this title refers shall be recorded in the Registries of Puerto Rico free from the fees, taxes, or imposts of whatever nature prescribed by law for the operations effected in those Registries. Such judicial proceedings as it may be necessary or indispensble to prosecute by the Government of the United States or by its agencies or instrumentalities in relation with the proceedings set forth in § 1492 of this title, shall be exempt from payment of all tariff fees required by law.
History —June 22, 1954, No. 81, p. 412, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1494/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1494 - Exemption from fees of loans by United States—Registries of property; certificates in gover...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1494 - Exemption from fees of loans by United States—Registries of property; certificates in government centers
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The exemption provided for the purposes indicated in § 1492 of this title is made extensive to all tariff fees prescribed by law for the granting of titles and their recording in the Registries of Property, and to the issuance of all kinds of certificates, in all government centers of the Commonwealth or of the municipalities.
History —June 22, 1954, No. 81, p. 412, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1495/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1495 - Exemption from fees of loans by United States—Certificates issued by registrars of property
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1495 - Exemption from fees of loans by United States—Certificates issued by registrars of property
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Registrars of Property shall issue free from fees, taxes, or imposts of whatever nature, every certificate required by the Government of the United States of America or by its agencies or instrumentalities for the purposes set forth in § 1492 of this title.
History —June 22, 1954, No. 81, p. 412, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1495a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1495a - Exemption from fees of loans by United States—Entities included
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1495a - Exemption from fees of loans by United States—Entities included
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There shall be understood for the purposes of §§ 1492-1495a of this title that “United States of America or by any of its agencies or instrumentalities” includes The Federal Land Bank of Baltimore, The Federal Intermediate Credit Bank of Baltimore, The Baltimore Bank for Cooperatives, The Federal Land Bank Association of San Juan and The Puerto Rico Production Credit Association.
History —June 22, 1954, No. 81, p. 412, added as § 5 on June 2, 1967, No. 94, p. 310, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1496/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1496 - Exemption from fees of Society for Legal Assistance—Judicial proceedings; certificates; exe...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1496 - Exemption from fees of Society for Legal Assistance—Judicial proceedings; certificates; execution and registration of documents
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In all that is pertinent to the performance of its functions and the attainment of its aims, or necessary for the processing of the cases or matters in which it is interfering on behalf of the persons to whom it is rendering legal services gratuitously, the Society for Legal Assistance of Puerto Rico is hereby exempt from the payment of all types of fees, tariffs, taxes or imposts of whatever nature prescribed by existing laws for the transaction of judicial proceedings, including bar stamps, issuance of certificates in all centers of the Commonwealth Government, or for the execution and authentication of public and private documents and their registration in any public registry of Puerto Rico.
History —June 14, 1957, No. 51, p. 113, § 1; June 13, 1966, No. 27, p. 148, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1497/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1497 - Exemption from fees of Society for Legal Assistance—Services of court officers; orders and...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1497 - Exemption from fees of Society for Legal Assistance—Services of court officers; orders and decrees
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Those persons for whom the Society for Legal Assistance shall prosecute judicial actions in court shall be entitled to the services of the court officers and employees and to all orders and decrees thereof, just as if the fees required by law had been paid.
History —June 14, 1957, No. 51, p. 113, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1498/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1498 - Exemption from fees of Society for Legal Assistance—Legal value of documents
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1498 - Exemption from fees of Society for Legal Assistance—Legal value of documents
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Every document issued for the Society for Legal Assistance under § 1496 of this title shall have the same legal value as if the fees, tariffs, taxes or imposts required by law had been paid thereon.
History —June 14, 1957, No. 51, p. 113, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1499/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1499 - Exemption from fees of Society for Legal Assistance—Signing and sealing of papers and docum...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1499 - Exemption from fees of Society for Legal Assistance—Signing and sealing of papers and documents by society for legal assistance
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Judicial papers, requests for certification of public documents, and requests for registration in public registries, processed under §§ 1496-1499 of this title, shall be signed by an attorney from the Society for Legal Assistance and shall bear the seal of the Society.
History —June 14, 1957, No. 51, p. 113, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-133/1500/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 133 - Fees and Costs (§§ 1461 — 1500)›§ 1500 - Exemption in favor of legal services corporations and similar entities
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1500 - Exemption in favor of legal services corporations and similar entities
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The Puerto Rico Legal Services Corporation, the Centro Legal de Ayuda a Menores del Distrito de Mayagüez, Inc., the San Juan Legal Services Corporation and any other nonprofit entity or municipal organization whose duties and purposes are similar to those of said corporations shall be exempted from the payment of all kinds of fees, tariffs or taxes of any nature prescribed by the existing laws for the prosecution of judicial proceedings and the issuance of certificates at all Commonwealth Government Centers, including bar stamps and notarial fees, in regard to all matters that may be related to the performance of their duties and the achievement of their objectives, or when necessary, for the prosecution of such cases or matters in which they intervene on behalf of the persons to whom they render free legal services.
The Secretary of Justice shall keep a record of all the organizations or entities that avail themselves of the benefits of this section and to that effect he/she shall previously authorize and certify the same with the exception of the Puerto Rico Legal Services Corporation, the Centro Legal de Ayuda a Menores del Distrito de Mayagüez, Inc. and the San Juan Legal Services Corporation.
The Secretary of Justice is hereby empowered to adopt the rules he/she may deem necessary for the accurate compliance of the provisions herein established.
History —June 9, 1967, No. 122, p. 377; May 27, 1977, No. 31, p. 57, §§ 1, 3; Apr. 6, 1979, No. 34, p. 84; Dec. 8, 1998, No. 294, § 1, eff. 120 days after Dec. 8, 1998.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-135/1525/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 135 - General Provisions (§§ 1511-1520 — 1531)›§ 1525 - Compilation of papers in civil suits
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1525 - Compilation of papers in civil suits
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The pleadings, determinations, and all other documents which are to form part of the papers in civil cases, including the documents presented by the parties to the suit, shall be compiled and carefully bound in the order in which they have been filed, and shall bear on the cover the name of the court, the number under which the case is filed in the clerk’s office, the names of the litigants, the attorneys, the title or designation of the nature of the case, the date on which it was instituted, the date it bore on the calendar and the date on which the court or judge handed down the judgment or final determination.
History —Feb. 19, 1906, p. 101, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-135/1526/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 135 - General Provisions (§§ 1511-1520 — 1531)›§ 1526 - Compilation of papers in civil suits—Copies of judgment or determination of court
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1526 - Compilation of papers in civil suits—Copies of judgment or determination of court
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The clerks of the court shall make, gratis, a true copy from the minutes of the court, of any judgment or determination of the court or the judge thereof, rendered during the proceedings, and shall include it in the papers.
History —Feb. 19, 1906, p. 101, § 2.
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