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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676 - Definitions; significant connection factors
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676 - Definitions; significant connection factors
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(a) For purposes of this section, the following definitions are hereby established:
(1) Emergency.— Means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s or protected person’s behalf.
(2) Home state.— Means the state in which the respondent or protected person was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the State in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition.
(3) Significant-connection state.— Means a state, other than the home state, with which a respondent or protected person has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining whether a respondent or protected person has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent’s or protected person’s family and other persons required to be notified;
(2) the length of time the respondent or protected person at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent’s or protected person’s property, and
(4) the extent to which the respondent or protected person has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.
History —Oct. 5, 2012, No. 296, § 7.1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676a/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676a - Exclusive basis
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676a - Exclusive basis
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This section provides the exclusive jurisdictional basis for a court of Puerto Rico to appoint a guardian or conservator, or issue a protective order for an adult.
History —Oct. 5, 2012, No. 296, § 7.2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676b/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676b - Jurisdiction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676b - Jurisdiction
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A court of Puerto Rico has jurisdiction to appoint a guardian or issue a protective order for a respondent or protected person if:
(a) Puerto Rico is the respondent’s home state.
(b) On the date the petition is filed, Puerto Rico has a significant-connection and:
(1) The respondent or protected person does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because Puerto Rico is a more appropriate forum; or
(2) the respondent or protected person has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
A petition for an appointment or order is not filed in the respondent or protected person’s home state.
An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.
The court of Puerto Rico concludes that it is an appropriate forum under the factors set forth in § 2676e of this title.
(3) Puerto Rico does not have jurisdiction under clause (1) or (2), the respondent’s or protected person’s home state and all significant-connection states have declined to exercise jurisdiction because Puerto Rico is the more appropriate forum, and jurisdiction in Puerto Rico is consistent with the constitutions of other states involved and the United States, or
(4) the requirements for special jurisdiction under § 2676c of this title are met.
History —Oct. 5, 2012, No. 296, § 7.3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676c/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676c - Special jurisdiction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676c - Special jurisdiction
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(a) A court of Puerto Rico lacking jurisdiction under clauses (1) to (3) of subsection (b) in § 2676b of this title, has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding (90) days for a respondent or protected person who is physically present in Puerto Rico.
(2) Issue a protective order with respect to real or tangible personal property located in Puerto Rico.
(3) Appoint a guardian for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures established in § 2677 of this title.
(b) If a petition for the appointment of a guardian in an emergency is brought in Puerto Rico and Puerto Rico was not the respondent’s or protected person’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
History —Oct. 5, 2012, No. 296, § 7.5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676d/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676d - Exclusive and continuing jurisdiction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676d - Exclusive and continuing jurisdiction
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Except as otherwise provided in § 2676c of this title, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court, or the appointment or order expires by its own terms or those established by law.
History —Oct. 5, 2012, No. 296, § 7.5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676e/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676e - Appropriate forum
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676e - Appropriate forum
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(a) A court of Puerto Rico having jurisdiction under § 2676b of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of Puerto Rico declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent or protected person;
(2) whether abuse, neglect, or exploitation of the respondent or protected person has occurred or is likely to occur and which state could best protect the respondent;
(3) the length of time the respondent or protected person was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent or protected person from the court in each state;
(5) the financial circumstances of the respondent’s or protected person’s estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding, and
(9) if an appointment were made, the court’s ability to monitor the conduct of the guardian.
History —Oct. 5, 2012, No. 296, § 7.6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676f/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676f - Jurisdiction declined by reason of conduct
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676f - Jurisdiction declined by reason of conduct
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(a) If at any time a court of Puerto Rico determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or protected person or the protection of the respondent’s or protected person’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction, or
(3) continue to exercise jurisdiction after considering:
(A) The extent to which the respondent or protected person and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in § 2676e of this title; and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 2676b of this title.
(b) If a court of Puerto Rico determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, and witness or expert fees and expenses. The court may not assess fees, costs, or expenses of any kind against another court or a government subdivision, agency, or instrumentality unless authorized by law.
History —Oct. 5, 2012, No. 296, § 7.7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676g/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676g - Notice of proceeding
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676g - Notice of proceeding
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If a petition for the appointment of a guardian or issuance of a protective order is brought in Puerto Rico and Puerto Rico was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of Puerto Rico, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s or protected person’s home state. The notice must be given in the same manner as notice is required to be given in Puerto Rico.
History —Oct. 5, 2012, No. 296, § 7.8.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2676h/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2676h - Proceedings in more than one state
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676h - Proceedings in more than one state
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Except for a petition limited to property located in Puerto Rico under clauses (1) or (2) of subsection (a) in § 2676c of this title, if a petition for the appointment of a guardian or issuance of a protective order is filed in Puerto Rico and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(a) If the court in Puerto Rico has jurisdiction under § 2676b of this title, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 2676b of this title before the appointment or issuance of the order.
(b) If the court in Puerto Rico does not have jurisdiction under § 2676b of this title, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in Puerto Rico shall dismiss the petition unless the court in the other state determines that the court in Puerto Rico is a more appropriate forum.
History —Oct. 5, 2012, No. 296, § 7.9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2677/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2677 - Transfer of guardianship to another state
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2677 - Transfer of guardianship to another state
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(a) A guardian appointed in Puerto Rico may petition the court to transfer the guardianship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in Puerto Rico for the appointment of a guardian.
(c) On the court’s own motion or on request of the guardian, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other State.
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person.
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors established in § 2676(b) of this title;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person, and
(3) adequate arrangements will be made for management of the protected person’s property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 2677a of this title, and
(2) the documents required to terminate a guardianship in Puerto Rico.
History —Oct. 5, 2012, No. 296, § 8.1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2677a/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2677a - Accepting guardianship transferred from another state
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2677a - Accepting guardianship transferred from another state
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(a) To confirm transfer of a guardianship transferred to Puerto Rico under provisions similar to § 2677 of this title, the guardian must petition the court in Puerto Rico to accept the guardianship. The petition must include a certified copy of the other state’s provisional order of transfer.
(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and Puerto Rico. The notice must be given in the same manner as notice is required to be given in Puerto Rico.
(c) On the court’s own motion or on request of the guardian, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person, or
(2) the guardian is ineligible for appointment in Puerto Rico.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian as guardian in Puerto Rico upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 2677 of this title transferring the proceeding to Puerto Rico.
(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship, the court shall determine whether the guardianship needs to be modified to conform to the laws of Puerto Rico.
(g) In granting a petition under this section, the court shall recognize a guardianship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian.
(h) The denial by a court of Puerto Rico of a petition to accept a guardianship transferred from another state does not affect the ability of the guardian to seek appointment as guardian in Puerto Rico under the guardianship provisions in §§ 661 et seq. of Title 31, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
History —Oct. 5, 2012, No. 296, § 8.2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2678/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2678 - Registration and recognition of orders from other states—Registration of guardianship or pr...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2678 - Registration and recognition of orders from other states—Registration of guardianship or protective orders
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in Puerto Rico, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in Puerto Rico by filing as a foreign judgment in the appropriate court, certified copies of the order and letters of office. The same shall apply in the case of protective orders issued by other states.
History —Oct. 5, 2012, No. 296, § 9.1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2678a/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2678a - Registration and recognition of orders from other states—Effect of registration
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2678a - Registration and recognition of orders from other states—Effect of registration
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(a) Upon registration of a guardianship or protective order from another state, the guardian may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of Puerto Rico, including maintaining actions and proceedings in Puerto Rico and, if the guardian is not a resident of Puerto Rico, subject to any conditions imposed upon nonresident parties.
(b) A court of Puerto Rico may grant any relief available under this chapter and other law of Puerto Rico to enforce a registered order.
History —Oct. 5, 2012, No. 296, § 9.2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2679/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2679 - Miscellaneous provisions—Uniformity of application and construction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2679 - Miscellaneous provisions—Uniformity of application and construction
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In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History —Oct. 5, 2012, No. 296, § 10.1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2679a/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a)›§ 2679a - Miscellaneous provisions—Transitional provisions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2679a - Miscellaneous provisions—Transitional provisions
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(a) This chapter shall apply to guardianship proceedings begun on or after its effective date.
(b) Sections 2671—2675, and §§ 2677, 2678, 2679, all of this title shall apply to proceedings begun before the effective date, regardless of whether a guardianship or protective order has been issued.
History —Oct. 5, 2012, No. 296, § 10.2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699 - Public policy statement
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699 - Public policy statement
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With regard to the welfare of the adoptee, it is hereby provided that adoption proceedings be made expeditious and flexible, as well as confidential, in order to protect the constitutional right to privacy of the parties. The confidentiality of adoption proceedings, and in some cases, the identity of the adopting parents, is intimately linked to the welfare and convenience of the candidate for adoption. On the matter of adoption, the public policy is as follows:
(1) To grant the people of Puerto Rico full powers, in suitable cases, to give in adoption those children under their custody and guardianship, whose parents have been deprived of patria potestas and custody, when the welfare and best interests of minors and disabled children dictate it.
(2) To facilitate adoption proceedings in the most liberal and the broadest way possible within the legal system in force in Puerto Rico, by providing for simple, straightforward, and expeditious proceedings whose transactions shall not exceed a total of seventy-five (75) [sic] from their beginning to their final resolution, and to furthermore substantially simplify and liberalize the legal requirements for issuing adoption decrees.
(3) The firm application of this statute involves a pressing social interest of the utmost importance, considering the present times in which, for reasons obviously attributable to irresponsible parents and other sectors of our society, there are thousands of mistreated, abandoned, deserted and homeless children.
(4) It is the responsibility of the Department of the Family or the adoption agency to carry out the corresponding expert social study so that the courts may exercise their power as parens patriae in pursuit of the welfare and convenience of candidates for adoption. In every case in which a petition for adoption is filed, the Department of the Family or the adoption agency shall be requested to undertake an expert social evaluation. The court shall make a determination to such effect according to the specific circumstances of the case, taking into consideration the recommendations of the report on the expert study, but such action shall not constitute a limitation on its authority to decide on the adoption.
History —Jan. 19, 1995, No. 9, § 1; Dec. 18, 2009, No. 186, § 33, eff. 30 days after Dec. 18, 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699a/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699a - Proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699a - Proceedings
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Adoption proceedings shall be expeditious and flexible and shall be conducted to their completion within a maximum term of seventy-five (75) days from the time the petition for adoption is filed to its final resolution.
History —Jan. 19, 1995, No. 9, § 2; Dec. 18, 2009, No. 186, § 34, eff. 30 days after Dec. 18, 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699b/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699b - Contents of petition
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699b - Contents of petition
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The petitioner shall file an adoption petition, under oath, with the Specialized Family Part of the Court of First Instance of Puerto Rico corresponding to the place of residence of the adopting party. Said petition shall contain the following:
(1) The adoption shall be effected through judicial authorization, after the submission of the corresponding petition by the adopting party, motu proprio or through his/her legal representative.
The petition for adoption shall be filed under oath with the Specialized Family Part of the Court of First Instance of Puerto Rico corresponding to the place of residence of the minor, and it shall contain the following:
(a) The name of the adopting party and the names of the biological parents of the minor to be adopted, as well as their respective addresses and telephone numbers.
(b) The necessary allegations accrediting that the adoption is convenient to the best interests of the minor, as well as its convenience and necessity.
(c) The name of the adoptee as it appears in his/her birth certificate and the name proposed for his/her new certificate.
(d) The personal circumstances of the adopter, which shall also include [furthermore], his/her Social Security number, residential address, mailing address, telephone number, name and address of the employer, location of company or place of business, source of income, pensions or earnings, as the case may be, as well as the circumstances attesting to his/her moral [character] and financial solvency.
(e) Name and last residential and mailing address of the biological parents of the adoptee from whose paternity [the] latter is to be removed.
(f) Information concerning the legal and de facto custody of the adoptee in case the latter is a minor.
This shall include information with regard to the prior relationship existing between the adoptee and the adopter, which, after being corroborated and analyzed on its merits, may be considered as a fundamental element to establish priority in the adoptive parents selection process.
To such effects, it shall include, but without being limited to, the following:
(A) Relationship by ties of consanguinity, or affinity, or through the provisional custody authorized by the Department of the Family or by a competent court.
(B) The period the adoptee lived with the adopter, the motive and duration thereof.
(C) Financial contributions and of any other nature the adopter has made to the physical, emotional and intellectual improvement of the adoptee, among others.
(g) A list of the documents which shall accompany the petition, among which the following shall be included or their unavailability justified:
(A) Birth certificates of the adopter and the adoptee.
(B) Civil status certificates of the adopter and the adoptee.
(C) Criminal record certificate of the adopter.
(D) Written consent of the biological parent or parents when the latter are available.
(E) Report [of] the expert social study for the adjudication of the adoption, in case it is available.
(F) Motion on the issues and proposed resolution in uncontested cases.
(G) Proposed new birth certificate.
(H) A negative debt certification from the Child Support Administration (ASUME, Spanish acronym).
(h) Evidence of prior notice of a copy of the adoption file to the Family Relations Advocate and the corresponding Office of the Department of the Family.
(2) Adoption proceedings may be conducted simultaneously with any other court proceedings concerning the minor. Such proceedings may also be conducted at the same time when deciding over several candidates for adoption with the same parents.
History —Jan. 19, 1995, No. 9, § 3; Aug. 12, 1996, No. 127, § 1; Sept. 23, 2004, No. 476, § 1; Dec. 18, 2009, No. 186, § 35, eff. 30 days after Dec. 18, 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699c/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699c - Notice of the petition to interested parties
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699c - Notice of the petition to interested parties
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(1) Service of notice.— Any adoption petition that is filed lacking the consent of the biological parents shall be served on the parents or the guardian of the adoptee by means of the summons and the petition. The summons shall not contain any information which identifies the adoptee whose adoption is applied for, nor the petitioners. The notice shall be served in the term of fifteen (15) days after the petition is filed with the court.
(2) Service by publication.— When the whereabouts of the parent or the parents of the adoptee is unknown, or if they are outside of Puerto Rico, or if in Puerto Rico they cannot be located after taking the pertinent steps, or if they are in hiding to avoid being served, and it is thus proven to the satisfaction of the court through a sworn statement to that effect, the court shall be requested to order that an edict be issued.
The order shall provide for the publication one single time in a newspaper of general daily circulation in the island of Puerto Rico, and that within ten (10) days following the publication of the edict, a copy of the summons and the petition filed be remitted by certified mail with return receipt requested to the parties that must be thus notified, to their last known address, unless it is justified by means of a sworn statement that in spite of all the efforts made, including a listing thereof, it has been impossible to locate any known residence, in which case the court shall waive compliance with this provision.
The edict shall not contain any information which may identify the adoptee whose adoption is petitioned, nor the petitioners. In these cases, the term to issue the notice shall be of thirty (30) days after the petition is filed with the court.
(3) Notice in person or by certified mail with return receipt requested.—
(a) To the Special Family Relations Advocate, and in the absence of said official to the Director of the Office of Investigation and Prosecution of Minors and Family Affairs of the Department of Justice.
(b) To the Secretary of the Family, so that he/she may produce the corresponding expert social study report.
(c) To those persons with whom the adoptee has been residing at the time the adoption petition is filed.
(4) Term for the notice in person and by certified mail.— In every case in which a notice must be served in person or by certified mail with return receipt requested, the term to serve the notice shall be fifteen (15) days after the petition is filed with the court.
(5) Warning in the notice.— The notice sent to those persons provided in this section shall admonish them of the fact that should they fail to appear at the first scheduled hearing, the court may decree the adoption without further summons or hearing. When the biological parents are notified by means of an edict, they shall be instructed that they may examine the petition and the files in the Office of the Clerk of the Court.
(6) Right to be heard.— Those persons with the right to be notified according to the provisions of §§ 2699-2699s of this title may state their position regarding the adoption petition. The following persons have the right to be heard:
(a) The parents with patria potestas, as well as the father or mother who, under a judicial divorce decree, does not exercise patria potestas over a minor child.
(b) The guardian or custodian of the adoptee.
(c) The adoptee who is under ten (10) and over seven (7) years of age.
(d) The grandparents of the adopted minor, orphaned by both parents, or by the father or mother.
History —Jan. 19, 1995, No. 9, § 4; Aug. 23, 1997, No. 97, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699d/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699d - Term to appear
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699d - Term to appear
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(1) In case the notice is served personally, those persons thus notified shall have a term of fifteen (15) days, from the date the notice is served, to respond to the adoption petition.
(2) In case the notice is sent by certified mail with return receipt requested, those persons notified shall have a term of fifteen (15) days, from the date the notice is received according to the receipt, to respond to the adoption petition.
[(3)] In case the notice is sent by order, those persons notified shall have a term of thirty (30) days, from the date of publication of the order, to respond to the adoption petition.]
The terms referred to in this section shall only be extended for just cause after a request in writing and under oath.
History —Jan. 19, 1995, No. 9, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699e/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699e - Report on the expert social study
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699e - Report on the expert social study
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The Department of the Family, or any private adoption agency duly licensed by the Department, shall file a report on the expert social study with the court for the adjudication of any petition for the adoption of a minor or disabled person.
(1) Contents of the report.— Said report shall contain the following:
(a) The social background record of the petitioners, the adoptee and his/her parent or parents, as well as any other material fact in the case.
(b) Recommendations on whether it is convenient or not for the best interests of the minor or disabled child for him/her to remain in custody of the petitioners and under the supervision of said agency or whether the adoption should or should not proceed.
(c) Comments on the existence [of] one or more causes or conditions which justify the divesting of patria potestad in due course, as provided in the Civil Code.
(2) Term for rendering the report.— The report on the expert social study must be filed within a maximum term of thirty (30) days from the date of the notice of the petition.
(3) Obligation to notify the court on availability to render the report.— The Department of the Family shall have ten (10) days from the date the notice for the adoption petition was served, to inform the court whether it has the necessary resources available to perform the expert social study and render the required report within the term provided by §§ 2699—2699s of this title. Should the Department fail to inform the court within said term or informs [the court] that it shall not be able to render the report on the expert social study within the term provided herein because it does not have a social worker affiliated to, and duly certified by, the Association of Social Workers available on its staff to render said report within the required term; the court shall issue an order appointing a social worker affiliated to and duly certified by the Social Workers’ Association to perform the expert social study and render the corresponding report.
In those cases in which the court appoints a professional, qualified as an expert and licensed in the field of social work, psychiatry or psychology, at the request of the petitioners, to perform the report on the corresponding expert social study, it shall determine the fee to be paid by the petitioners or the Department of the Family, with due consideration of the welfare and comfort of the adoptee.
(4) Scope of the report.— The process of preparing and rendering the report on the expert social study shall not delay nor interrupt the scheduling and holding of the hearing of the adoption petition on its merits.
The court shall take into consideration the contents of the report as well as the recommendations of the social worker, but it shall not be bound to act in accordance to what is stated therein nor the recommendations it contains.
The report on the expert social study shall not be construed as a limitation to the judicial authority in the exercise of its power to authorize the adoption and to decide on all pertinent matters.
(5) Who may examine the report.— The interested parties in an adoption proceeding may ask the court to allow them to examine the report on the expert social study related to the adoption petition before the hearing on its merits is held, and the court may authorize the request through an order, with due consideration of the welfare and comfort of the adoptee.
(6) In all cases in which the applicant is a person or married couple residing in any state of the United States and that wish to be considered as a suitable resource for the placement of a minor in adoption, said parties shall be responsible for obtaining an expert social study that ascertains its suitability in order to determine if they qualify to be registered in the “Puerto Rico Statewide Voluntary Adoption Register”, created by virtue of §§ 1051 et seq. of this title, known as the “Comprehensive Adoption Proceedings Reform Act of 2009”; Provided, further, That the expenses of the expert social study shall be defrayed by the applicants.
History —Jan. 19, 1995, No. 9, § 6; Dec. 18, 2009, No. 186, § 36, eff. 30 days after Dec. 18, 2009; Dec. 16, 2011, No. 247, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699f/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699f - Appointment of a special guardian or public defender
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699f - Appointment of a special guardian or public defender
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The court shall appoint a special guardian or a public defender with the authority to grant his/her consent to the adoption of a minor or disabled child under any of the following circumstances:
(1) Has no father or mother.
(2) If abandoned or deserted by the parents.
(3) If the whereabouts of both or either parent is unknown.
(4) If the parents have been declared missing.
(5) If the parents are mentally disabled, [or] for any other reason, unable to consent to the adoption.
(6) In all other cases in which the court deems it necessary.
The Special Family Relations Advocate shall not be appointed as special guardian or public defender of the adoptee in the adoption proceedings.
History —Jan. 19, 1995, No. 9, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699g/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699g - Scheduling and holding of the first appearance
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699g - Scheduling and holding of the first appearance
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The court shall summon the parties for their first appearance, which must take place within thirty (30) days after the Department of the Family has been notified of the petition for adoption. Once the interested parties have been notified or subpoenaed to attend the hearing for the first appearance, they shall be admonished that should they fail to appear, the court may decree the adoption without further summons or hearing.
Once the interested parties have been notified or summoned to attend the hearing for the first appearance they shall be admonished that should they fail to appear, the court may decree the adoption without a further summons or hearing.
At their first appearance, the parties may present their opposition regarding the petition for adoption. The parties shall announce to the court all the evidence they shall present on the day of the hearing on its merits, including the name, address and telephone number of the witnesses who shall testify and a brief description of their testimony. Every document announced but not provided to the opposing parties shall be remitted to the parties within a term of not less than fifteen (15) days prior to the hearing on its merits.
During the first appearance the court shall schedule the date for the hearing on its merits. At the first appearance the court may declare the adoption petition to be in order. To do this, the report on the expert social study, and in the proper cases, the consent, under oath, be it written or given in open court, of those persons who are legally called upon to consent to the adoption, must be recorded in the files. The court must also be convinced that the adoption shall guarantee the welfare and the best interests of the adoptee.
History —Jan. 19, 1995, No. 9, § 8; Dec. 18, 2009, No. 186, § 37, eff. 30 days after Dec. 18, 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699h/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699h - Hearing on its merits
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699h - Hearing on its merits
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The hearing on its merits shall be held no later than thirty (30) days from the date of the first appearance. The [provision] herein is a mandate for strict compliance, indispensable to achieve the implementation of the public policy pursued by §§ 2699-2699s of this title for adoptions to be conducted expeditiously.
The hearing on its merits may consist of two (2) or more allegations concerning the nature of the proceedings and the matters to be resolved; in those cases in which the parents of the adoptee have not been previously deprived of patria potestad nor have they renounced the aforesaid voluntarily, a plenary hearing shall be held to that effect prior to the hearing on its merits for the second appearance, at which the presence of the adoptee shall not be required. During this hearing the father or the mother who is to be deprived of patria potestas shall be represented by an attorney.
At the hearing on its merits, all parties shall have the right to offer pertinent evidence to refute the documents and witnesses announced at the first appearance regarding [to] the adoption petition.
No interruptions, delays or suspensions of the scheduled hearing shall be allowed for any reason whatsoever, except should any of the aforesaid constitute an act of nature or force majeure, in which case evidence shall be duly provided to the court in writing and under oath. The unavailability of one of the attorneys or of a social worker shall not automatically constitute justification for the suspension of the adoption hearing.
The unjustified non-appearance of the parent, or parents or the special guardians or public defender with the power to appear in order to grant their consent to the adoption requested, shall be deemed to constitute full consent to the adoption petition. The intervention of any person who is not an interested party in the proceedings shall not be allowed during the adoption proceedings.
At the hearing on its merits the court may declare the adoption petition to be in order and the report on the expert social study, and in the proper cases, the consent, under oath, be it written or given in open court, of those persons who are legally called upon to consent to the adoption, shall be recorded in the files. The court shall also be convinced that the adoption shall guarantee the welfare and the best interests of the adoptee.
History —Jan. 19, 1995, No. 9, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699i/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699i - Presence of the adoptee; private nature of the hearings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699i - Presence of the adoptee; private nature of the hearings
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Every adoptee shall be present in the room during the first appearance and the hearing on its merits, unless the court, at its discretion, deems it is not conducive to his/her welfare.
The hearings held in the adoption proceedings shall be private. The presence of the public shall not be allowed in the room in which said proceedings are held. The presence of persons at the hearing on the merits of any of these matters shall be limited to judicial officials, the interested parties, their legal representatives and the official representing the Department of the Family or the party contracted to render the expert social report.
History —Jan. 19, 1995, No. 9, § 10.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699j/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699j - Judicial adoption decree
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699j - Judicial adoption decree
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The court shall issue the decree authorizing the adoption in every case in which it concludes that the requested adoption is conducive to the welfare and the best interests of the adoptee. Provided, That the prior relationship through ties of consanguinity, or affinity or provisional custody authorized by the Department of the Family or a competent court, shall be fundamental in the decision of the court.
The contents of the judicial decree shall provide for all that is necessary to establish the new filiation of the adoptee, with specific reference to the full name and surnames of the adoptee and the adopters as well as all other specific circumstances which will allow his/her registration in the Vital Statistics Registry with the information required by law.
The court shall include as part of the judicial adoption decree the contents of the new birth certificate of the adoptee, with its addenda, which shall be forwarded to the Vital Statistics Registry. This requirement is essential and indispensable for the validity and effectiveness of the judicial decree.
History —Jan. 19, 1995, No. 9, § 11; Aug. 12, 1996, No. 127, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699k/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699k - Notice and filing of the adoption decree
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699k - Notice and filing of the adoption decree
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The judicial adoption resolution or decree shall be issued not later than five (5) days after the adoption hearing has been held. The judicial decree shall be notified exclusively to the parties interested in the proceedings related to the adoption and filed in the record. Said notice and filing shall be carried out not later than five (5) days from the date the adoption decree has been issued. Said notice shall be forwarded to the interested parties and the Bureau of Vital Statistics of the Department of Health. The notice to the former parent or parents of the adoptee shall make no reference whatsoever to the identity of the adopting parent or parents.
The abovementioned notice shall be sent to the address of record of each of the parties and their attorneys. The resolution issued shall be final and binding ten (10) days after the notice has been filed. Should there be no known or available address on record, the aforesaid notice shall be made through an edict published in a newspaper of general public circulation in Puerto Rico. The edict shall not contain any information which may identify the adoptee or the adopting parents. The resolution issued shall be final and binding ten (10) days after the edict has been published.
History —Jan. 19, 1995, No. 9, § 12.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699l/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699l - Birth registration of the adoptee born in Puerto Rico
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699l - Birth registration of the adoptee born in Puerto Rico
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It shall be the official duty of the person in charge of the Vital Statistics Registry to register the adoptee on the basis of the data provided in the addenda to the judicial adoption decree. The birth registration shall be signed by the adopting parents or by the adopting father or mother.
When the birth of an adoptee in Puerto Rico has been previously registered in the Vital Statistics Registry, said birth registration shall be replaced by a new registration stating the new legal status of the person registered as the son or daughter of the adopting father or mother or both.
History —Jan. 19, 1995, No. 9, § 13.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699m/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699m - Notice of the decree to the official authority when the adoptee was born outside of Puerto...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699m - Notice of the decree to the official authority when the adoptee was born outside of Puerto Rico
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When the adoptee was born outside of Puerto Rico, the Clerk of the Court shall also notify the Registry of Vital Statistics of Puerto Rico through two (2) certified copies of the judicial adoption decree. In that case, the judicial decree shall also contain instructions for a copy thereof to be forwarded immediately and without delay to the Registry of Vital Statistics of the place of registry of the adoptee. Compliance of the notice requirement shall be stated in the case file.
History —Jan. 19, 1995, No. 9, § 14.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699n/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699n - Appeal
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699n - Appeal
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Any party adversely affected by the adoption decree may file an appeal at the Circuit Court of Appeals of Puerto Rico.
History —Jan. 19, 1995, No. 9, § 15.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699o/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699o - Death of the adopter during the adoption proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699o - Death of the adopter during the adoption proceedings
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If the [person] or persons who intend to adopt another should die once the proceeding has begun and even though the adoption decree has not yet been issued, the adoption shall be deemed as consented to. In those cases the court may approve the adoption; Provided, That, on the date of the death of the adopter or adopters, the adoptee has lived in the home of the aforesaid for at least six (6) months prior to their demise. The court shall notify the forced heirs and appoint a public defender for the adoptee and the proceedings shall continue their course until their completion. Should the forced heirs of the adopter or adopters wish to establish that deceased petitioner had desisted in consenting to the adoption between the period in which the petition was filed and his/her demise, they shall have the right to be heard in the adoption proceedings. In these cases the forced heirs of the deceased adopter or adopters shall bear the burden of proof.
History —Jan. 19, 1995, No. 9, § 16.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699p/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699p - Irrevocability of the adoption decrees
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699p - Irrevocability of the adoption decrees
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The adoption decree shall be irrevocable.
History —Jan. 19, 1995, No. 9, § 17.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699q/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699q - Voidability of the adoption decree
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699q - Voidability of the adoption decree
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The adoption decree shall be voidable when the parties who have the right to be notified pursuant to the provisions of §§ 2699-2699s of this title have not been notified, or when flaws or defects in the consent of the biological father or mother have intervened, or when fraud has been committed against the court.
History —Jan. 19, 1995, No. 9, § 18.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699r/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699r - Term of expiration
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699r - Term of expiration
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The court action on the voidableness of the adoption decree must be instituted before the expiration of the term of six (6) months from the date the adoption decree becomes final and binding.
History —Jan. 19, 1995, No. 9, § 19; Dec. 18, 2009, No. 186, § 38, eff. 30 days after Dec. 18, 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699s/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699s - Files
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699s - Files
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The adoption files shall be confidential. The court may only authorize the interested parties to examine them. It may also authorize other persons through a specific judicial order and for just cause.
History —Jan. 19, 1995, No. 9, § 20.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-223/2699t/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 223 - Adoption (§§ 2691 — 2699t)›§ 2699t - Recognition and validation of interstate and intercountry adoptions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699t - Recognition and validation of interstate and intercountry adoptions
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(1) The interstate or intercountry adoption of a minor by a resident of Puerto Rico shall be recognized and validated by adoption decree in Puerto Rico. Such adoption cannot be contrary to the body of laws of Puerto Rico or violate the fundamental principles of human rights. Once the adoptee is in Puerto Rico, the adopting party shall file a petition for recognition and validation of adoption under oath at the Part of the Court of First Instance that corresponds to the place of residence of the adopting party, in which the following shall be recorded:
(a) The name(s) of the adopting party, age, occupation, civil status, place of residence, address, and telephone number.
(b) The original name and place of birth of the minor.
(c) The place of adoption and a description of the circumstances which led to the adoption, and
(d) The new name of the minor and his/her age.
(2) The petition shall include the following documents, which shall constitute sufficient proof of the legitimacy of the transaction in the State, territory or foreign country:
(a) A certification of executive order, deed, judgment or decree of adoption issued by the State, territory or foreign country, and if necessary, a certified translation thereof.
(b) An original or a certified copy of the document attesting to the birth of the minor issued by the state, territory or foreign country, and if necessary, a certified translation thereof.
(c) In the case of foreign adoption, a certification of the authorization by the federal government to admit the adoptee into American ground, evidence of which may be the certificate of citizenship, a permanent residence visa or the U.S. passport of the minor.
(d) A report on the expert social study conducted for interstate or foreign adoption duly certified by a licensed social worker.
The court, after having confirmed the authenticity of such documents, and after having evaluated the same, shall rule for the petition for adoption, in which case, the court shall issue an adoption decree. Registration of the adoptee in the special register of the Vital Statistics Registry shall be executed pursuant to that which is prescribed by law on the matter of persons born outside of Puerto Rico and by the Puerto Rico Vital Statistics Registry Act.
The provisions of this section shall also apply to interstate and intercountry adoptions in the course of transacting validation and recognition, as of the effective date of this act.
As for the validation and recognition of interstate and intercountry adoptions provided for in this section, proceedings shall be conducted within a term not greater than ninety (90) days from the date of having filed the petition for validation and recognition.
History —Jan. 19, 1995, No. 9, added as § 613Q on Dec. 18, 2009, No. 186, § 39, eff. 30 days after Dec. 18, 2009.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-225/2721/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 225 - Authority Over Rights and Properties of Minors (§§ 2721 — 2723)›§ 2721 - Authorization on rights and properties of minors or disabled persons
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 225 - Authority Over Rights and Properties of Minors (§§ 2721 — 2723) › § 2721 - Authorization on rights and properties of minors or disabled persons
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In all cases where, according to Title 31, the Civil Code, the parents or the guardian of a minor or disabled person need judicial authorization for acts or contracts related to the safeguarding of said minor or disabled person and of his/her property, an opportune petition shall be filed with the corresponding Part of the Court of First Instance setting forth under oath the following facts:
(1) The name, age, domicile, civil status and profession of the petitioner, his legal relationship with the minor or incapacitated person, and if the petitioner be the tutor, then he shall add the date of his appointment, the character of his tutorship and the affirmation that all the requirements necessary for the possession, security and faithful discharge of his duties as such tutor, have been complied with.
(2) The name, age, domicile, and civil status of the minor or incapacitated person and the names, and domiciles of his nearest akin relatives up to the fourth civil grade of consanguinity or second of affinity.
(3) Cause of the petition.
(4) The necessity or utility for the minor or incapacitated person of the act petitioned for.
(5) The minimum price to be set in all cases of sale of real and personal property, where the value thereof exceeds the amounts specified in §§ 616 and 786(5) of the Title 31. When the court determines that the property shall be sold at a public auction, it shall indicate the price that shall serve as the minimum rate for the bid.
(6) If the authorization be for the constitution of a lien or encumbrance on real property, the nature and conditions of encumbrance shall be stated.
(7) The specific conditions of the contract in the case of exchange of real property or of the lease thereof, for a longer term than six (6) years.
(8) The name of the party acquiring the right to be conveyed, except in the case of alienation through public sale.
(9) The placing or investment to be made of the thing obtained by the minor or incapacitated person through the act or contract referred to in the authorization.
History —Code Civil Proc., 1933, § 614; Sept. 13, 1996, No. 224, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-225/2722/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 225 - Authority Over Rights and Properties of Minors (§§ 2721 — 2723)›§ 2722 - Procedure; proof; judgment
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 225 - Authority Over Rights and Properties of Minors (§§ 2721 — 2723) › § 2722 - Procedure; proof; judgment
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Upon the filing of the petition, if this be in proper form, the court shall fix the date for the examination of the proof relative to the facts alleged, this act to take place in open court, or should the court be in recess, in the office of the judge, with the attendance of the prosecuting attorney whose duty shall be to protect the rights of the minor or incapacitated person.
The documentary proof shall comprise the demonstration of the patria potestas or of the tutorship, and if the authorization should apply to real estate, then the title of ownership and the assessment of the property for the purpose of taxation, if subject to taxes, shall also be included.
The judge, when deeming it advisable, shall have the right to, free of expense to the court, summon and examine, as to the facts alleged in the petition, the nearest akin relative of the minor or incapacitated person up to the fourth civil grade of consanguinity and second of affinity, residing in the Commonwealth, or any other person who may better serve to clear up the facts.
Should the minor be over fourteen (14) years of age and he does not reside without the Commonwealth, he shall in every case appear before the court to answer the interrogatory to be put to him in the act of examining the proofs.
The proofs having been examined, the judge shall grant or deny the authorization asked for in conformity with the result of the proof adduced, his decision being subject to appeal to the Supreme Court of Puerto Rico, either by the petitioner or the prosecuting attorney.
History —Code Civil Proc., 1933, § 615.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-225/2723/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723)›Chapter 225 - Authority Over Rights and Properties of Minors (§§ 2721 — 2723)›§ 2723 - Scope of judgment; duty of the Prosecuting Attorney
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 225 - Authority Over Rights and Properties of Minors (§§ 2721 — 2723) › § 2723 - Scope of judgment; duty of the Prosecuting Attorney
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Duty of Prosecuting Attorney.— Whenever the judge should authorize the petitioner to execute any act or contract whereby the minor or incapacitated person is to receive money or any other values, the decision shall determine the manner in which the placing or investment of the thing acquired shall be made and it shall be the duty of the prosecuting attorney to see, as he may deem best, that the judicial decision be complied with.
The public auction of property shall take place in the presence of the marshal; property that amounts to less than two thousand dollars ($2,000).— When the court determines that the sale of property must be made through public auction, this shall be verified before the district marshal, upon prior publication of the corresponding edits in the customary places and in a newspaper with circulation in the district; but in the case of property whose value is under two thousand dollars ($2,000), the judge may waive the publication of edicts in the newspaper.
Fees.— The marshal’s fees for conducting the public sale referred to in this section shall be regulated at the rate of one percent (1%) on the property value, but in no case shall they exceed ten ($10) dollars.
Contempt.— Any violation of the order dictated by the judge shall be punished as “contempt of court”, without prejudice to the responsibility, either criminal or civil, the violator may incur.
History —Code Civil Proc., 1933, § 616; May 8, 1937, No. 70, p. 194; Apr. 30, 1946, No. 501, p. 1510; May 31, 1972, No. 57, p. 131; Sept. 13, 1996, No. 224, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-229/2761/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 229 - Nuisance, Waste, and Willful Trespass (§§ 2761 — 2762)›§ 2761 - Public nuisance defined; action to enjoin or abate
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 229 - Nuisance, Waste, and Willful Trespass (§§ 2761 — 2762) › § 2761 - Public nuisance defined; action to enjoin or abate
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Anything which is injurious to health, indecent, or offensive to the senses, or an obstruction to free use of property so as to interfere with the comfortable enjoyment of life or property, or that is a nuisance to the well being of a neighborhood, or to a large number of persons or that illegally obstructs free flow traffic in the usual manner by a lake, river, bay, stream channel or navigable basin or by a park, square, street, public road and other similar [sic] constitute a nuisance and the subject of an action. Such action may be brought by any person, public agency or municipality whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered; nothing herein provided shall apply to activities related to public worship in churches practiced by different religions; Provided, That the provisions herein established shall not be construed as a limitation to the powers of the Environmental Quality Board to promulgate regulations as it is authorized by law. Furthermore, this legislation shall not limit those powers granted by laws that may be adopted by the Municipalities through municipal ordinances in the implementation of the processes and procedures on public nuisances in their corresponding jurisdictions.
History —Code Civil Proc., 1933, § 277; Apr. 29, 1974, No. 22, Part 1, p. 133; Sept. 21, 2000, No. 405, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2821/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2821 - Persons entitled to initiate action
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2821 - Persons entitled to initiate action
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The action of unlawful detainer (eviction) may be initiated by the owners of property, their agents, usufructuaries thereof or by any other person or persons entitled to the enjoyment of such property or by persons claiming under them.
History —Code Civil Proc., 1933, § 620; Sept. 27, 2007, No. 129, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2822/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2822 - Persons against whom action lies
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2822 - Persons against whom action lies
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The action of unlawful detainer will lie against the tenants, settlers (colonos), and other lessees of property, and against the administrators, agents, keepers, or guards placed in charge of the property by the owner thereof, or any other person who retains the material possession thereof or enjoys the same by sufferance, without paying any rental or other consideration whatever.
History —Code Civil Proc., 1933, § 621.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2823/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2823 - Jurisdiction; appearance
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2823 - Jurisdiction; appearance
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The municipal judges of the judicial region where the property is located shall have jurisdiction to take cognizance of the eviction lawsuits when the rate payment owed or the legal claim does not exceed five thousand dollars ($5,000) per year. In all other cases, the Court of First Instance of the Judicial Region where the property is located shall take cognizance of the eviction lawsuits. However, under any of the circumstances, the same procedure shall be followed.
If the property is located on land that corresponds to two or more judicial regions, the suit may be instituted before any of the respective courts in whose land some portion of the property is located.
Appearance by the parties, in case competency in this class of trial originally corresponds to a municipal judge, it [sic] may be instituted by the parties summoned on their own right or by the legal representation of the parties.
History —Code Civil Proc., 1933, § 622; Dec. 4, 1998, No. 291, § 1; Sept. 27, 2007, No. 129, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2824/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2824 - Commencement of action; time for hearing
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2824 - Commencement of action; time for hearing
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The action shall be commenced by filing a complaint drafted pursuant to the Rules of Civil Procedure for ordinary actions, and after the filing thereof the plaintiff and defendant shall be ordered to appear for a hearing which shall be held within ten (10) days after the date on which the claim was filed.
Provided, That if it is established in such hearing that the notice is issued against a family of established financial insolvency, the Court shall order that the Secretaries of the Departments of the Family and of Housing be served with a copy of the eviction suit filed. These agencies shall evaluate the socioeconomic condition of the family and shall provide them with any social assistance thus justified.
They shall also render a report to the court within a non-extendable term of thirty (30) days, regarding the assistance to which such family is entitled, and which assistance shall be provided.
Provided, further, that if it is determined during such hearing that the notice is to be issued to an elderly person or a person with disabilities, the Court shall order that the Office of the Advocate for the Elderly or the Office of the Disabled Persons Investigating Official be served with a copy of such notice, so that these entities provide them with the assistance so justified.
In addition, these entities shall file with the court within a non-extendable term of thirty (30) days, a report stating the types of assistance to which such person is eligible and the type of assistance to be provided.
History —Code Civil Proc., 1933, § 623; June 26, 1980, No. 6, p. 882; Aug. 7, 1998, No. 197, § 1; July 13, 2011, No. 142, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2825/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2825 - Summons
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2825 - Summons
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If the defendant cannot be found at the place of trial, or if he resides elsewhere, the summons shall be served upon the person who, in his name, is in any way in charge of the property at said place.
When summoning the defendant he shall be cautioned that in case of a failure to appear, either in person or by lawful agent, judgment of unlawful detainer will be taken against him without further summons or hearing.
History —Code Civil Proc., 1933, § 624.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2826/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2826 - Procedure at trial; judgment
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2826 - Procedure at trial; judgment
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On the date set for the appearance the trial shall be held, during which the parties may make any statement tending to establish their rights, and may submit such proofs as they may deem proper. When all the proof has been introduced, the court or judge of the case shall render judgment within a term of not more than ten (10) days declaring that the action of unlawful detainer can or cannot be maintained. Provided, That demurrers and all other objections on the part of the defendant shall be interposed at the time of filing the answer.
History —Code Civil Proc., 1933, § 625; Sept. 27, 2007, No. 129, § 3; June 5, 2011, No. 86, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2827/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2827 - Presentation of proof
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2827 - Presentation of proof
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The documentary proof to be introduced by the plaintiff and the defendant respectively must be presented at the time of the hearing provided for in § 2824 of this title.
History —Code Civil Proc., 1933, § 626.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2829/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2829 - Proof in action for nonpayment of rent
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2829 - Proof in action for nonpayment of rent
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When the complaint is founded on the nonpayment of the rental or price stipulated in a contract, the defendant shall not be allowed to submit any proof other than the receipt or some other document stating that the payment has been made.
The proof of both parties shall include the fundamental facts of the main question at issue.
In such cases the court may, as an exception and solely at the request of an interested party, allow the joinder of a claim for the collection of money, founded on the nonpayment of the rent or price on which the eviction claim is based, with the latter, in the same judicial proceeding for eviction, following the procedure established in the Law of Special Legal Proceedings for said special legal appeal. The joinder or joint transaction of both actions shall in no way be interpreted to be prejudicial or damaging to the guarantees and terms established in §§ 2821-2838 of this title, including those provisions regarding the eviction of the defendant.
History —Code Civil Proc., 1933, § 628, renumbered as § 627 on Sept. 27, 2007, No. 129, § 4; Aug. 7, 1998, No. 197, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2830/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2830 - Appeals
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2830 - Appeals
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In the eviction procedures, the party against whom judgment is issued may appeal the same pursuant to the provisions of the Judiciary Act of 2003, §§ 24–25r of Title 4.
History —Code Civil Proc., 1933, § 629; Dec. 4, 1998, No. 291, § 1; renumbered as § 628 and amended on Sept. 27, 2007, No. 129, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2831/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2831 - Term to appeal
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2831 - Term to appeal
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Appeals must be filed within a term of five (5) days, counting from the date the notice of sentencing is filed in the case by the parties affected thereby or by their attorneys.
History —Code Civil Proc., 1933; Dec. 4, 1998, No. 291, § 1; § 630, renumbered as § 629 on Sept. 27, 2007, No. 129, § 6; June 5, 2011, No. 86, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2832/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2832 - Bond or consignment by defendant upon appeal
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2832 - Bond or consignment by defendant upon appeal
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The defendant shall not be granted the appeal procedure if he/she does not post a bond in the amount fixed by the court, to answer for damages that may be caused to the plaintiff and the costs of the appeal; the defendant may, when the eviction is based on nonpayment of the sums agreed to, at his/her choice, post said bond or deposit the amount of the debt with the Clerk’s office until the date of sentencing.”
History —Code Civil Proc., 1933, § 631; May 9, 1942, No. 170, p. 888, § 1; Dec. 4, 1998, No. 291, § 1; Sept. 3, 2000, No. 378, § 1; renumbered as § 630 and amended on Sept. 27, 2007, No. 129, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2835/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2835 - Deposit of or undertaking for rents upon appeal
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2835 - Deposit of or undertaking for rents upon appeal
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In the appeals filed in actions initiated for nonpayment of the stipulated rentals, it shall be the duty of the defendant to deposit with the Clerk of the Court of First Instance the amount of each and all rentals as they become due or execute an undertaking to the satisfaction of the court to answer for the amount of each and all said rentals.’
History —Code Civil Proc., 1933, § 634; May 9, 1942, No. 170, p. 888, § 1; renumbered as § 631 and amended on Sept. 27, 2007, No. 129, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2836/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2836 - Periods for eviction after judgment
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2836 - Periods for eviction after judgment
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The judgment which upholds the unlawful detainer shall order the eviction of the defendant from the date said judgment becomes final and binding. Said order of eviction shall be issued by the Office of the Clerk of the Court at the request of the party on the date such judgment becomes final and binding. In those cases in which the court has established the financial insolvency of the family being evicted, a copy of the final and binding judgment shall be served immediately to the Secretaries of the Departments of the Family and Housing, so that said agencies may continue to provide their services to the family concerned. In these cases, the term for eviction shall be twenty (20) non-extendable days counted from the date notice is served.
No eviction of any family of proven financial insolvency shall be carried out unless an official of the Department of the Family and the Department of Housing, designated by the Secretary of said Department, respectively, is present at the time the eviction is to take place. Said official shall see to the physical and emotional safety of the evicted family. The Marshall of the Court shall coordinate the presence of said official with the office of the agency nearest to the location where the eviction is to take place.
In the event the housing is leased under the various subsidy programs administered by the Department of Housing of Puerto Rico or any of its agencies, the applicable regulations that govern eviction processes shall be complied with.
History —Code Civil Proc., 1933, § 635; May 9, 1942, No. 170, p. 888, § 1; June 19, 1971, No. 1, p. 523, § 1; June 26, 1980, No. 6, p. 882; Aug. 7, 1998, No. 197, § 3; renumbered as § 632 and amended on Sept. 27, 2007, No. 129, § 10; June 5, 2011, No. 86, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2837/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2837 - Ejectment by the marshall
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2837 - Ejectment by the marshall
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The ejectment shall be made by the Marshall upon order of the court by virtue of the motion filed at the Office of the Clerk of the Court once the terms of § 2836 of this title have transpired.
History —Code Civil Proc., 1933, § 636, renumbered as § 633 and amended on Sept. 27, 2007, No. 129, § 11.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-233/2838/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 233 - Unlawful Detainer (§§ 2821 — 2838)›§ 2838 - Determination of claims of tenant or settler
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 233 - Unlawful Detainer (§§ 2821 — 2838) › § 2838 - Determination of claims of tenant or settler
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The fact that the tenant makes claims for work or planting or any other thing which cannot be removed from the real property shall not be an obstacle to his/her ejectment; but when an oral or written sharecropping contract exists and the fact is alleged and proven at the trial, in no case shall the ejectment be carried out until the sown lands or the unharvested plantings have been valuated and payment therefore has been made. The valuation and payment shall be in accordance with the decision of an appraiser who shall be appointed by the judge of the court having jurisdiction in the matter. If the parties should so desire, each shall appoint its own expert appraiser who shall render a report within the term of five (5) days and upon the approval thereof by the court this report shall be the basis for the payment of compensation.
History —Code Civil Proc., 1933, § 637; May 8, 1937, No. 68, p. 191, § 1; renumbered as § 634 and amended on Sept. 27, 2007, No. 129, § 12.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-237/2871/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877)›§ 2871 - Short title and definition of magistrate
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877) › § 2871 - Short title and definition of magistrate
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This chapter shall be known as the “Controversies and Provisional Legal Status Act”. The magistrates referred to in §§ 2871-2877 of this title are the municipal judge and the district judge, in municipalities having a District Court Part, and no municipal judge is assigned or in service.
History —July 23, 1974, No. 140, Part 1, p. 650, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-237/2872/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877)›§ 2872 - Powers of magistrates
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877) › § 2872 - Powers of magistrates
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The magistrates are hereby empowered to intervene, investigate, consider and decide controversies provisionally at the request of an interested party, according to the procedure provided in this chapter.
This power comprises and embraces the following:
(a) Controversies over boundaries and rights of way, between neighbors that affect their relationship and the social order.
(b) Controversies in guardianship cases.— In these cases, child support allowances may be established provisionally according to the child’s needs and pursuant to the provisions of law that govern this matter.
(c) Provisional measures in cases of separation of legally married spouses, or persons living in concubinage, with respect to the possession and use of structures devoted to residential purposes, and those chattels listed and comprised in subsections (1), (2), (3), (4)(a), (5) and (6) of § 1130 of this title, which establishes the properties exempt from attachment.
(d) Controversies between lessors and lessees with respect to urgent improvements to properties devoted to residential purposes.
(e) Controversies between the owner of a work and the contractor, master builder or custodian with respect to the conditions, development of and compensation for the work not exceeding three thousand dollars ($3,000).
(f) Controversies between the owner of a motor vehicle and a mechanic, tinsmith, and painter, with respect to the retaining of the vehicle, conditions and compensation for the work performed.
(g) Controversies as to the warranty and repair of chattels between vendee and vendor that do not exceed three thousand dollars ($3,000).
(h) Any wage claim of a worker against his employer which does not exceed the amount of three thousand dollars ($3,000), or that arises from the employer’s actions or omissions in violation of the labor legislation, which prescribes nonmonetary compensation remedies, such as the strict compliance of a specific obligation or the ceasing of a specific practice.
(i) Controversies in cases of animal breeding in residential districts.
(j) Controversies in which the existence of disturbances is alleged which endanger the health or offend the senses or that obstruct the free use of property in such a way as to prevent the comfortable use of property, of the kind that give rise to actions under § 2761 of this title, known as the Disturbance or Nuisance Act.
(k) Controversies in which it is alleged that the father, mother or guardian of a child or disabled person does not fulfill the obligation of seeing to the welfare of the child or disabled person or his behavior in the community.
(l) Controversies over the custody of personal property, belonging to an estate, pursuant to the legal precepts governing this matter.
(m) Controversies in which physical or emotional abuse is alleged to have been committed by persons against their parents, tutors, guardians or those persons with whom they reside or on whom they depend. In these cases the court may issue provisional orders to protect the parents, tutors or guardians of the abusers or those persons with whom the abusers reside or on whom they depend. However, and according to the provisions established in the Judicature [Judiciary] Act of 1994, former §§ 22–23n of Title 4, when a minor is involved in the proceedings, the Court of First Instance shall be the court with competence to handle the matter and to furthermore provide a court-appointed attorney who shall provide the legal standing of the minor.
(n) [Repealed. Act Sept. 3, 2003, No. 243, § 3, eff. Sept. 3, 2003.]
(o) Controversies between health professionals or hospitals with their patients, or between parties with a legitimate interest, with regard to the delivery of patients medical files or records.
History —July 23, 1974, No. 140, Part 1, p. 650, § 2; June 24, 1977, No. 111, p. 280; May 8, 1979, No. 42, p. 97; June 3, 1980, No. 91, p. 249, § 1; Dec. 5, 1991, No. 92, § 7; Aug. 17, 1999, No. 263, § 1; Sept. 9, 2000, No. 402, § 10; Sept. 3, 2003, No. 243, § 1; Feb. 29, 2004, No. 70, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-237/2873/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877)›§ 2873 - Proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877) › § 2873 - Proceedings
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For the court and the magistrate to acquire jurisdiction over a controversy or matter in accordance with the provisions of this chapter, the following proceeding shall be followed:
(a) Any person of legal age may appear before a magistrate and file under oath a verbal or written complaint, concise and simple, as to difficulties he has with another person or persons over any of the controversies or matters referred to in § 2872 of this title.
(b) If from the complaint it appears that there exists a legal controversy to be adjudicated, the magistrate shall order the subpoenaing of the parties involved to appear before him within a term not exceeding five (5) days. The fact of issuing the subpoena shall be equivalent to the filing of the complaint, and shall be recorded in a book ad hoc by the magistrate. Nonappearance of a person duly summoned according to this chapter shall be punishable as contempt to the court presided over by the magistrate who issued the subpoena. Third persons who may offer information with respect to the controversy may be summoned.
(c) On the day of appearance the magistrate shall hear the parties orally, and, if they present witnesses or other evidence, he shall set a date for continuation of the hearing and during such continuation he shall hear the witnesses presented and receive the pertinent evidence submitted. At such hearings the interested parties may appear assisted by counsel, and shall have the right to cross-examine the witnesses testifying against them. The legal rules on evidence shall be applicable only to the extent that they do not denature or hinder the immediate solution of the complaint object of the controversy. The Rules of Civil Procedure in force shall not be applicable to the proceeding established herein.
(d) It shall be the duty of the magistrate, in the course of the hearing, to try to bring the parties to agreement so that the controversy may be satisfactorily settled. Were this not possible, and if as a result of the hearing the magistrate is convinced that there exists, under the law, a controversy between the parties, requiring judicial adjudication, he shall enter a resolution determining which of the parties is probably right. In line with this resolution, the magistrate shall determine a provisional legal status, which shall be binding on the parties while the controversy is prosecuted according to due process of law. The resolution may be authorizing or sanctioning a specific act or action of a person, requesting from this or various persons the specific performance of a duty or abstention from performing a particular action. The resolution shall be given orally, but within the term of five (5) days it shall be written. The written resolution shall be simple, and shall contain a synopsis of the pleadings of each party, the [procedural history], the grounds tending to establish the evidence submitted by each party, the conclusions of the magistrate to the effect that one of the parties is probably right, expressing the grounds for and the determination of the provisional legal status, stating the acts authorized or prohibited or the rights provisionally recognized. In rendering his verbal resolution the magistrate shall explain to the parties the scope thereof, and shall inform them of the offense they would commit and the penalty they would incur should they violate the judicial order. The magistrate shall also inform the person or persons against whom the resolution is entered of their right to bring the case to a competent court, in the ordinary course of the proceeding. The resolution shall be binding from the date it is entered orally, but shall be served on the interested parties or their counsel within ten (10) days thereafter. The dispositive part of the resolution shall be transcribed in the book ad hoc for complaints under the provisions of this chapter.
History —July 23, 1974, No. 140, Part 1, p. 650, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-237/2874/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877)›§ 2874 - Penalties; option
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877) › § 2874 - Penalties; option
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Any person who willfully violates any of the terms of a resolution determining a provisional legal status under this chapter shall be guilty of civil contempt punishable by imprisonment in jail for a maximum term of six (6) months, or by a fine of not more than five hundred dollars ($500), or by both penalties, in the discretion of the competent court. However, no person may be found guilty of civil contempt for failing to pay a debt. Nevertheless, this prohibition does not include civil contempt as may be imposed by the courts in cases in which child support is provisionally fixed and the obligor fails to show just cause for noncompliance therewith.
History —July 23, 1974, No. 140, Part 1, p. 650, § 4; July 27, 2007, No. 78, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-237/2875/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877)›§ 2875 - Order—Not appealable
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877) › § 2875 - Order—Not appealable
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An order [re]solving a controversy and determining a provisional legal status under this chapter shall be unappealable, but shall not constitute res judicata with regard to any of the points adjudicated therein nor shall it prevent any other judicial proceeding to claim damages or any other right.
History —July 23, 1974, No. 140, Part 1, p. 650, § 5.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877)›§ 2876 - Order—Amendment
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877) › § 2876 - Order—Amendment
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Once an ordinary suit on points adjudicated through this proceeding is brought, the competent court may interlocutorily amend or stay the magistrate’s order, if gross error or special circumstances so justifying it are shown to him, after giving the other party an opportunity to be heard.
History —July 23, 1974, No. 140, Part 1, p. 650, § 6.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877)›§ 2877 - Incidents and hearings; necessary forms
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 237 - Controversies and Provisional Legal Status (§§ 2871 — 2877) › § 2877 - Incidents and hearings; necessary forms
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The incidents and hearings related [to] the proceeding provided herein may take place in the magistrate’s chambers. The Office of Court Administration shall prepare the necessary forms for the enforcement of this chapter.
History —July 23, 1974, No. 140, Part 1, p. 650, § 7.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886)›§ 2881 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886) › § 2881 - Definitions
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The following words or terms, wherever used or referred to in this chapter, shall have the meaning stated below unless the context clearly states otherwise:
(a) Mediation.— An non-adjudicative intervention process whereby a neutral facilitator (mediator) helps or assists the parties to a dispute to achieve a mutually accepted settlement of the issues in dispute.
(b) Mandatory mediation.— In the event that a mortgagee may initiate a foreclosure proceeding or a judicial sale of a residential property that serves as principal residence, a mandatory mediation conference shall be held in a court part or room or at a place selected upon agreement by the parties and the mediator, but shall never be held in the office of the mortgagee or the attorneys or legal representatives or advisors thereof, and presided by a mediator selected by the parties in the course of a summary and/or regular foreclosure proceeding. At such meeting, the mortgagee shall notify the mortgagor of all the alternatives available in the market to prevent the foreclosure or judicial sale of a residential property that serves as a principal residence. The purpose or goal is to reach an agreement or modification that may allow mortgagors to establish a repayment plan or other alternative satisfactory to the parties and prevent the loss of their principal residence.
(c) Mortgagee.— A natural or juridical person or a lending or financial institution or a bank, or a credit union duly authorized under the Laws of Puerto Rico and the United States of America to grant or that grants mortgage loans secured by a principal residence or home.
(d) Mortgagor.— A natural person who has obtained a loan for consumption, that is, for personal or family purposes secured by a mortgage on a principal residence or home. This definition shall include all natural persons who are liable or may become liable for the obligation whose enforcement is sought in a debt collection or foreclosure process.
(e) Principal residence or home.— That which is used as the main dwelling of the mortgagor or the mortgagor and his/her immediate family, and which would qualify, for property tax purposes, for the principal residence tax exemption.
History —Aug. 17, 2012, No. 184, § 2, eff. July 1, 2013.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886)›§ 2882 - Mandatory mediation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886) › § 2882 - Mandatory mediation
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It shall be the court’s duty, in the cases it deems appropriate, within sixty (60) days after the defendant mortgagor’s responsive pleading has been filed, and before the pretrial conference is scheduled, under penalty of contempt, to hold a hearing or mandatory mediation conference which shall be presided by a mediator selected by the parties to be held at any court part or room or at the place selected upon agreement by the parties and the mediator, whereby all the alternatives available in the market to prevent the foreclosure or judicial sale of a residential property that serves as a principal residence shall be discussed. This shall be a jurisdictional requirement in proceedings held before the courts of Puerto Rico involving the foreclosure of a residential property that serves as the principal residence of the mortgagor or mortgagors. If this requirement is not met, no judgment may be issued nor the judicial sale of the mortgaged property whose foreclosure is requested may be carried out. If the mortgagor fails to appear at the mediation conference or fails to comply with the agreement reached with the mortgagee as a result of the mediation conference, the financial institution shall act in accordance with the agreement or note executed on the original date of the mortgage. The mortgagor shall only be entitled to a one-time mediation in a civil action filed to begin the foreclosure of a residential property that constitutes the mortgagor’s principal residence; provided, that the defendant mortgagor has not been held in contempt or, due to any reason or sanction, the defendant’s allegations have been suppressed by the court.
History —Aug. 17, 2012, No. 184, § 3, eff. July 1, 2013.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886)›§ 2883 - Information to debtor
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886) › § 2883 - Information to debtor
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As part of the granting process of a mortgage loan on a principal residence or home, any natural or juridical person or lending or financial institution or any bank or credit union shall be required to provide the mortgagor with information, including, but not limited to:
(a) Information regarding the mandatory mediation process established under this chapter, the requirements to participate in the same in the event that a civil action regarding a mortgage foreclosure is initiated;
(b) the convenience of seeking legal assistance once the mortgagor has been served with a copy of the complaint;
(c) the convenience of filing a responsive pleading or answer to the complaint once the mortgagor has been served with a copy thereof;
(d) a warning that if the mortgagor fails to answer the complaint he/she shall be at risk of losing the property;
(e) a warning that the mortgagor’s failure to submit to the mandatory mediation process may result in the loss of his/her property;
(f) the full name and telephone numbers of the persons or divisions that handle and process cases related to loss mitigation in a foreclosure process, and
(g) any remedies or benefits in effect available to mortgagors that may allow them to benefit from programs or services directed to protecting their principal residences or homes. This obligation shall be strictly met and mortgagees shall certify compliance therewith.
History —Aug. 17, 2012, No. 184, § 4, eff. July 1, 2013.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886)›§ 2884 - Mediation process
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886) › § 2884 - Mediation process
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The mediation process shall be governed, insofar as it is not incompatible with this chapter, by the provisions of §§ 532–532e of Title 4 as well as by any regulations approved thereunder.
History —Aug. 17, 2012, No. 184, § 5, eff. July 1, 2013.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-238/2885/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886)›§ 2885 - Expenditures
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886) › § 2885 - Expenditures
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Expenditures incurred during the mediation process shall be paid by the parties on equal parts, unless otherwise agreed.
History —Aug. 17, 2012, No. 184, § 6, eff. July 1, 2013.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iii/chapter-238/2886/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART III - Real Property Actions (§§ 2761 — 2886)›Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886)›§ 2886 - Regulations
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART III - Real Property Actions (§§ 2761 — 2886) › Chapter 238 - Principal Residence Protection and Mandatory Mediation in Foreclosure Proceedings Act (§§ 2881 — 2886) › § 2886 - Regulations
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Before the effective date of this act, the Office of Courts Administration shall draft and approve regulations or amend any applicable regulations to establish the appropriate process to be followed in the implementation of this chapter.
History —Aug. 17, 2012, No. 184, § 7, eff. July 1, 2013.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2901/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2901 - Deprivation of property, limited
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2901 - Deprivation of property, limited
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No person shall be deprived of his property, either in whole or in part, except in accordance with the provision of § 1113 of Title 31 and of §§ 2901—2913 of this title.
History —Mar. 12, 1903, p. 50, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2902/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2902 - Declaration of public utility
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2902 - Declaration of public utility
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Private property and also that defined in the second paragraph of § 1025 of Title 31 as bienes patrimoniales and any interest or right of any person or entity as lessee, mortgage creditor, unsufructuary, annuity holder (censualista), or any other real right, may, in accordance with the provisions of §§ 2901-2913 of this title, be taken, damaged or destroyed in whole or in part, or a permanent or temporary easement or servitude may be imposed thereon for lawful purposes when declared of public utility by the Governor or the officer or agency designated by him. The declaration of public utility shall be made by the Governor or the officer or agency designated by him, upon hearing in all cases such parties as may desire to be heard as to the advisability of making such declaration and as to the necessity, for a better public service and for the furtherance of the proposed work, of the condemnation or condemnations of such private property as shall have to be taken, or of the easements or servitudes with which such private property shall have to be encumbered. The Governor or the officer or agency designated by him on making the declaration that a certain work is of public utility, shall describe specifically the property which is to be condemned or encumbered for the purposes of said work.
History —Mar. 12, 1903, p. 50, § 2; Mar. 12, 1908, p. 94, § 1; Apr. 28, 1930, No. 50, p. 400.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2903/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2903 - Purposes for which property may be taken
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2903 - Purposes for which property may be taken
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The purposes for which private property may be condemned or destroyed, or damaged are the following:
(a) For the construction of highways, roads, streets, turnpikes, and all other land ways of communication to be used by the public, joining two (2) or more towns or cities, or leading from any town or city to its rural wards, villages or settlements, and for the acquisition of such lands as may be necessary for the extension of towns; Provided, That no portion of land declared a public utility for the purposes lastly stated shall be dedicated or used for purposes other than such as brought about the declaration of public utility; Provided, That the use or disposition of the land so annexed to said town shall be governed by the provisions of § 10 of the Municipal Law, approved July 31, 1919, as amended by Act. No. 9, approved May 12, 1920; and Provided, further, That the selection of the land for the extension of any town shall be approved by the Governor or the officer or agency designated by him.
(b) For the construction and operation of railroads, tramways and street railways.
(c) For the construction of irrigating canals, flumes, aqueducts or the water supply of towns, sewers, drains, bridges, viaducts, dikes and dams.
(d) For cemeteries, plazas, avenues, and public parks, Commonwealth agricultural farms, workmen settlements, slaughterhouses, houses for Commonwealth courts of justice, schoolhouses and all other public buildings for the use of the Government of the United States, the Commonwealth of Puerto Rico, or any municipal corporation.
(e) For the erection of lighthouses, signal stations, beacons, docks, dams, quarantine stations, works for improving navigation, and for military and naval stations, post offices, houses for United States courts or for other establishments or works for the Government of the United States.
(f) For the construction and operation of installations or plants for the production of electricity with the object of supplying light and power for the public service, for the transmission of electric current and also for the construction of dams, in connection with the aforesaid installations or plants.
(g) When the it [sic] has been declared as public nuisance, pursuant to the provisions of §§ 4001 et seq. of Title 21.
History —Mar. 12, 1903, p. 50, § 3; Mar. 11, 1908, p. 96. § 1; Sept. 3, 1910, No. 68, p. 41; July 20, 1921, No. 73, p. 674; Sept. 2, 2000, No. 334, § 1.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2904 - Purposes for which property may be taken—Additional purposes
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2904 - Purposes for which property may be taken—Additional purposes
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In addition to the purposes specified in § 2903 of this title, private property may be taken or destroyed to carry out and develop any general plan of economic reconstruction for the general benefit of the Puerto Rican community, implanted by the Commonwealth of Puerto Rico or by the Government of the United States of America, but through the Government of Puerto Rico, provided said plan is previously approved by the Legislature of Puerto Rico, and especially for the redistribution or division of lands concentrated in large estates, or for the establishment of public centrals or factories for the manufacture of sugar or for any industry or activity. For the said purposes, condemnation proceedings may be instituted against lands or their accessories, such as buildings, machinery, factories, electric power plants, wharves, bulkheads, dikes, quays, or any other similar structure.
In addition to the purposes set forth in § 2903 of this title and in the first paragraph of this section, the Commonwealth of Puerto Rico or the Commonwealth Government, on its own initiative, or on request, or through any agency or instrumentality of the Commonwealth of Puerto Rico, may institute condemnation proceedings against lands and their accessories, and the expropriation against the use, usufruct, lease and any right or interest in the ownership of lands and their accessories, including any other real or personal property necessary or convenient for the use or utilization of said lands, to carry out and develop any plan for the planting of food products in case of any public necessity or emergency caused by war, interruption of the maritime transportation service, agricultural lockouts, hurricanes, earthquakes, plague, or any other calamity which may reduce the sources of supplies of Puerto Rico.
The condemnation of real and personal property and the expropriation of the use, usufruct, lease, and any right or interest in the ownership of real or personal property may also be instituted for the use of the Commonwealth of Puerto Rico or for any purpose of public utility, according to such terms and in such manner as specified in §§ 2901-2913 of this title.
For the purposes of this section, all works and projects to be carried out under any general plan of economic reconstruction for Puerto Rico, or any plan for the planting of food products in cases of public necessity or emergency, and especially for the purposes enumerated in the foregoing paragraphs, are declared of public utility, and likewise, all such real and personal properties and their accessories, and the use, usufruct, lease, right, or interest in the ownership of said real and personal property above enumerated, as may be necessary to carry out the purposes stated, are hereby also declared of public utility prescribed in § 2902 of this title.
The Commonwealth of Puerto Rico, the Government of the United States of America, through the Commonwealth of Puerto Rico, and any board, commission, authority, council, or organization created by the Legislature of Puerto Rico, as agency or instrumentality of the Commonwealth of Puerto Rico, through their official agents or employees, shall be entitled, after notice is given to the owner or to his representative, to enter any land, building, plant, or factory for the purpose of examining and studying the conditions of said properties and their adaptability and convenience for the above-mentioned purposes.
Condemnation proceedings may be instituted by the Commonwealth of Puerto Rico or by the Government of the United States, through the Commonwealth of Puerto Rico, or by any board, commission, authority, council, or organization created by the Legislature of Puerto Rico as an agency or instrumentality of the Commonwealth of Puerto Rico, to carry out the above-mentioned purposes.
History —Mar. 12, 1903, p. 50, added as § 3(a) on Aug. 6, 1935, No. 44, p. 508; Nov. 30, 1942, No. 19, p. 82, § 2.
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2905 - Commencement of condemnation proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2905 - Commencement of condemnation proceedings
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In all cases in which the law authorizes the acquisition for public purposes, of a property or of any right or easement therein, or when a property, or any right or easement therein, has been declared of public utility, where such declaration is necessary, or without such declaration, if it is not necessary, the Commonwealth of Puerto Rico, or the officer, person, agent, authority, instrumentality, or any other entity or body authorized by law, may condemn same through the proper eminent domain proceedings instituted in the San Juan part of the Court of First Instance, in the regular manner provided by law for the commencing of civil actions. Said proceedings shall be in rem, and the plaintiff may include in the same complaint, if deemed advisable, one or more properties, whether or not belonging to the same owner; Provided, That when the whole of a[n] estate to be condemned is made up by the grouping of two (2) or more properties or parcels of lands which, due to their abutting each other, constitute one single piece of property, whether or not belonging to the same owner, said property, the object of condemnation may, for all purposes of the proceedings, be described in the complaint as if it were one sole estate. The complaint may be directed against the owners of the estate, the occupants thereof, and all other persons having a right or interest therein; or it may be directed against the property itself. In this latter case, the complaint shall recite, as far as it may be possible for the plaintiff to determine, the names of all persons who as owners, occupants, or holders of any right or interest in the estate, must be served with notice of the proceedings, to the end of any right they may have to the compensation fixed for the value of the condemned property, or to any damages that may arise from the proceedings.
History —Mar. 12, 1903, p. 50, § 4; Mar. 12, 1908, p. 94, § 2; Apr. 1, 1941, No. 2, p. 284, § 1; May 7, 1948, No. 105, p. 240, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2906/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2906 - Appearance of parties not named in complaint
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2906 - Appearance of parties not named in complaint
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All persons in occupation of, or having or claiming an interest in any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or interest or that claimed by him in like manner as if named in the complaint.
History —Mar. 12, 1903, p. 102, § 5; Mar. 12, 1908, p. 94, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2907/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2907 - Declaration of taking; vesting of title and right to compensation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2907 - Declaration of taking; vesting of title and right to compensation
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In any proceeding which has been or may be instituted by and in the name and under the authority of the Commonwealth of Puerto Rico or of the Commonwealth Government, the Commonwealth of Puerto Rico or the Commonwealth Government acting in such proceeding either on its own initiative and for its own use or on the request of any agency or instrumentality of the Commonwealth of Puerto Rico; and in every proceeding instituted or which may be instituted by and in the name of the Puerto Rico Housing Authority, or of any municipal housing authority of any municipality of Puerto Rico for the expropriation or for the acquisition of any property for public use, the petitioner or plaintiff may file in the same cause, at the time the petition is filed or at any time before judgment is rendered, a declaration of taking for the acquisition and material delivery of the property the object of condemnation, signed by the person or entity empowered by law to seek the condemnation in question, declaring that said property is sought for the use of the Commonwealth of Puerto Rico or of the Commonwealth Government, or of the agency or governmental instrumentality which may have requested it, or of any other petitioner or plaintiff. Said declaration of taking and material delivery shall contain and be accompanied by:
(1) A statement of the authority under which, and the public use for which, the acquisition of said property is sought.
(2) A description of the property sufficient for the identification thereof.
(3) A statement of the estate or interest in said property the acquisition of which is sought for public use.
(4) A plan, in the case of property which can be so represented.
(5) The fixing of the sum of money estimated by said acquiring authority to be just compensation for the property the acquisition of which is sought.
As soon as said declaration of taking and delivery is filed and the deposit is made in the court for the benefit and use of the natural or artificial person or persons entitled thereto, of the amount estimated as compensation and specified in said declaration, absolute title to said property in fee simple, or such lesser fee simple or interest therein as specified in said declaration, shall vest in the Commonwealth of Puerto Rico or the Commonwealth Government, or in the agency or instrumentality of the Commonwealth of Puerto Rico which may have requested the expropriation, or in that of the plaintiff or petitioner other than the Commonwealth of Puerto Rico, and such property shall be deemed as condemned and acquired for the use of the Commonwealth of Puerto Rico or of the Commonwealth Government, or of the government agency or instrumentality of the Commonwealth of Puerto Rico which may have requested the expropriation, or the corresponding Housing Authority or the municipality in question, as the case may be, and the right to fair compensation for the same shall vest in the person or persons entitled thereto; and said compensation shall be determined and awarded in said proceeding and established by judgment therein; and said judgment shall include, as part of the fair compensation granted, interest at the annual rate fixed through regulations by the Financing Board of the Office of the Commissioner of Financial Institutions which is in effect at the time the judgment is pronounced pursuant to Rule 44.3 of App. III of this title, on the additional amount finally awarded as the value of the property as of the date of taking, and from said date to the date of payment; but interest shall not be allowed on that part thereof that has been deposited and paid in the court. In those cases in which there has been a taking, the interest fixed by the Financing Board, prevailing at the date of payment, shall also be paid as of the date of taking. No sum so deposited and paid shall be subject to any charges for commissions, deposits or custody.
Upon application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect to said property, or any part thereof, shall exceed the amount of the money so received by any entitled person, the court shall enter judgment against the Commonwealth of Puerto Rico or the Commonwealth Government, the corresponding housing authority, the municipality in question, as the case may be, for the amount of the difference.
Upon the filing of the declaration of taking, the court shall have power to fix the time within which, and the terms upon which, the natural or artificial person in possession of the property the object of the proceeding shall surrender material possession to the expropriating party. The court shall have power to make such orders in respect to encumbrances and other charges, if any, burdening the property, as shall be just and equitable.
No action whatever shall be taken under the provisions of this section, irrevocably binding the Commonwealth of Puerto Rico to pay the compensation that may be definitively fixed, unless the head of the executive department or agency, bureau, or instrumentality of the government empowered to acquire the property certifies that he is of the opinion that the compensation definitively fixed will be within whatever limits are prescribed by the Legislature of Puerto Rico in connection with the price or amount to be paid.
Provided, That no appeal in any such cause nor any bond or undertaking given therein shall operate to prevent or delay the acquisition by, or the vesting of the title to such property in, the Commonwealth of Puerto Rico, the corresponding housing authority, municipality, as the case may be, and its material delivery thereto.
History —Mar. 12, 1903, p. 50, added as § 5A on Apr. 1, 1941, No. 2, p. 284, § 2; Nov. 21, 1941, No. 22, p. 68; Apr. 9, 1942, No. 22, p. 386; Nov. 30, 1942, No. 19, p. 82, § 3; Dec. 26, 1997, No. 187, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2907a/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2907a - Exchange of another equivalent property
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2907a - Exchange of another equivalent property
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Any procedure, initiated by or started in the name and under the authority of the Government of the Commonwealth of Puerto Rico, whether the Government of the Commonwealth of Puerto Rico acts during said procedure on its own initiative and for its own use or good, for any agency, instrumentality or municipality to petition for the expropriation or acquisition of any property for public use belonging to a nonprofit entity, the petitioner or claimant is hereby authorized, as an option, to exchange another property of equal value as fair compensation for the property to be expropriated provided the nonprofit entity accepts the exchange offer.
At the request of the interested parties and with the express written consent of the nonprofit juridical entity owner of the property to be expropriated, the court may order the exchange to be effected, as fair compensation, or part thereof, granted concerning said procedure. The Government of the Commonwealth of Puerto Rico shall in no case exchange a property in payment for fair compensation when the assessed value of said property exceeds the assessed value of the property to be expropriated.
Should the nonprofit entity fail to consent to the exchange, the procedure provided in § 2907 of this title shall be pursued.
All pertinent provisions and procedures provided in this chapter shall apply to this section.
History —Mar. 12, 1903, p. 50, added as § 5(aa) on Oct. 18, 1999, No. 316, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2908/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2908 - Payment of difference between deposit and final judgment; interest
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2908 - Payment of difference between deposit and final judgment; interest
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In any judgment rendered in a condemnation proceeding for the acquisition of private property or of any right thereon for public use or enjoyment for the benefit of the community, which is instituted by the Commonwealth of Puerto Rico or the Commonwealth Government directly or on its behalf by any agency, authority or instrumentality or official of the Commonwealth of Puerto Rico, in which the amount determined by the court as fair compensation for said property or rights thereon, the subject of such proceeding, in the event of conveyance of title and in the mere taking without conveyance of title, is greater than the amount fixed by said plaintiff and deposited in the court as fair compensation for such property or the rights thereon subject to said proceeding, the Commonwealth of Puerto Rico shall pay the amount of the difference between the sum thus fixed by said plaintiff and deposited by him/her in the court and the sum that for the purpose has been determined by the court as fair compensation for said property or the rights thereon subject to such proceedings, with interest at the annual rate fixed by regulations by the Financing Board of the Office of the Commissioner of Financial Institutions which is in effect at the time the judgment is pronounced pursuant to Rule 44.3 of App. III of this title, on such difference to be counted from the date of the acquisition of said property or rights and from said date until the date of payment of such difference; Provided, That in such cases in which the defendant or defendants appeal the judgment fixing the compensation, and the Supreme Court confirms said judgment or reduces the compensation granted, the appellant shall not recover interest for the period of time comprised between the date of the filing of the appeal and until the judgment of the Supreme court is final, firm and executory.
As soon as the judgment referred to in the preceding paragraph is final and unappealable, the Secretary of the Treasury of Puerto Rico shall pay to the defendant in such condemnation proceedings the amount of the difference specified in the preceding paragraph, with interest thereon, as therein specified, and the Secretary of the Treasury of Puerto Rico shall pay such difference and interest thereon, as provided in this section, chargeable to any funds in the Commonwealth Treasury not otherwise appropriated.
For the payment in full of the difference referred to in the preceding paragraphs and the interest thereon, as herein provided, the good faith on the Commonwealth of Puerto Rico is hereby irrevocably pledged.
The necessary sums to carry out the provisions of this section are hereby appropriated out of any funds in the Commonwealth Treasury not otherwise appropriated.
History —Mar. 12, 1903, p. 50, added as § 5B on Nov. 30, 1942, No. 19, p. 82, § 4; Apr. 29, 1946, No. 488, p. 1458, § 1; May 7, 1948, No. 105, p. 240, § 2; Apr. 29, 1949, No. 148, p. 394, § 1; Dec. 26, 1997, No. 187, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2909/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2909 - Taking of possession; compensation for use of property
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2909 - Taking of possession; compensation for use of property
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(1) In any proceeding heretofore or hereafter instituted in any court of Puerto Rico for the condemnation of any property or any permanent or temporary interest or easement therein, the plaintiff, upon the filing of the petition, or at any time while the proceeding is pending, without regard to whether or not title has been taken under § 2907 of this title, may take possession of the property or any part thereof to the extent of the interest to be acquired, and may proceed with such use thereof or such works thereon or therewith as have been authorized by law.
(2) Prior to the taking of such possession, provision shall have been made for the payment of just compensation for said possession for such period as same shall continue, as estimated by said plaintiff, either by previous appropriation by the Legislature, or, if funds are to be provided otherwise than from the Treasury of Puerto Rico, by the deposit in court of moneys in such amount as shall be estimated by the plaintiff to be just compensation for said possession. The defendant or defendants may move at any time in the court to increase or change the amount of said deposit and the court shall make such order as shall be just in the premises and as shall adequately protect the defendant. The court shall have power to issue such orders as may be necessary to enforce the right of the plaintiff to the possession.
(3) Compensation for use of the property in advance of or without taking title while the proceeding is pending, shall be paid on a monthly or quarterly or other periodic rental basis as long as such possession endures, or in a lump sum, and said compensation shall be subject to abatement for any benefits, use, income, rents, or profits derived from the property by the owners during the period of possession.
(4) The compensation for a period of possession without taking title may be fixed by agreement or determined tentatively by the plaintiff and paid according to such agreement or determination, and in the absence of agreement, just compensation for such period of possession shall be ascertained and awarded in the proceeding, and established by the judgment therein, and may be less or more than the amount tentatively determined, and an addition to or set-off against the amount finally awarded as compensation for the taking may be made in order to adjust any excess or deficiency in the amount paid for a period of temporary possession.
(5) No action shall be taken under the provisions of this section unless the head of the executive department or government agency, bureau, or instrumentality empowered to acquire the property, certifies that in his opinion the compensation definitely fixed under this section shall be within any limit prescribed by the Legislature of Puerto Rico in connection with the price or amount to be paid.
History —Mar. 12, 1903, p. 50, added as § 5(c) on Mar. 27, 1946, No. 216, p. 422.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2910/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2910 - Desistance from taking; reversion to former owner; damages and interest
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2910 - Desistance from taking; reversion to former owner; damages and interest
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In any proceedings heretofore or hereafter instituted by and on behalf and under the authority of the Commonwealth of Puerto Rico, or the Commonwealth Government, whether the Commonwealth of Puerto Rico or the Commonwealth Government is acting in said proceedings on its own initiative and for its own use or is acting at the request and for the purposes of any agency or instrumentality of the Commonwealth of Puerto Rico, and in any proceedings heretofore or hereafter instituted by and on behalf of the Puerto Rico Housing Authority, any municipal housing authority, any municipality, the Secretary of Justice of Puerto Rico, or the legal representative of the Puerto Rico Housing Authority, of any municipal housing authority, of any municipality of Puerto Rico, and of any agency or instrumentality of the Commonwealth of Puerto Rico, are hereby authorized to desist in whole or in part, on behalf of the Commonwealth of Puerto Rico, or of the agencies, instrumentalities, or subdivisions of the Commonwealth of Puerto Rico represented by them, from the acquisition of any property or part thereof or of any interest heretofore or hereafter condemned by or for the condemning organization, by declaration of taking or otherwise, and the title to said property shall revert in whole or in part, as the case of desistance may be, to the former owners thereof; Provided, That the former owners of said properties may claim in the same proceeding by which title thereto has been acquired, any damages caused by said taking and the subsequent desistance in whole or in part from such taking. The sum that the said court may determine shall be paid for damages by the actor in the condemnation proceedings which originated the taking, shall earn interest at the rate of six percent (6%) per annum from the date of the taking by the condemning organization, until full payment of the sum determined therefor. The judgment by which the amount to be paid for damages pursuant to the foregoing provision may be determined shall be appealable by any of the parties affected thereby, to the Supreme Court of Puerto Rico, but if the appellants are the former owners of the property taken, of the taking of which it was later desisted from, and the said judgment appealed from should be affirmed on appeal, the condemning entity shall not be obliged to the payment of interest on and after the date the notice of appeal was filed, and until the date the judgment is affirmed; and if the appeal should be the condemning entity, and the said judgment so appealed from should be reversed on appeal, in that case, the condemning entity shall not be either obliged to pay interest from the date notice of appeal was filed and until the reversal thereof.
In case the taking of a property is made upon the declaration of taking provided for by § 2907 of this title and, in conformity therewith, the sum estimated by the condemning entity as just compensation for the property the object of condemnation has been deposited in court, the following rules shall govern in the cases of a desistance in whole or in part:
(a) If the judgment entered in the claim for damages for the whole or partial desistance from the taking, exceed the sum deposited, and the former owner of the property should have withdrawn the same, the condemning entity shall only pay interest on the difference between the one and the other sum, and subject to the provisions above made with regard to appeals.
(b) If the sum determined for damages for the desistance in whole or in part from the taking, is less than the sum deposited, and the former owner of the property taken should have withdrawn the sum so deposited, he shall be obliged to return to the condemning entity the excess retained above the sum determined for damages, and no interest shall accrue thereon.
For the payment in full of the sums mentioned in the preceding paragraphs and interest thereon, as above provided, the good faith of the Commonwealth of Puerto Rico is hereby irrevocably pledged.
The power above conferred for desisting in whole or in part, and in the manner above outlined, from the properties taken by condemnation, may be exercised upon stipulation or covenant by the persons so authorized.
History —Mar. 12, 1903, p. 50, added as § 5(d) on May 12, 1949, No. 286, p. 844, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2911/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2911 - Scope of final judgment
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2911 - Scope of final judgment
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The final judgment shall determine, in view of such evidence as shall have been introduced at the trial, whether or not the plaintiff has a right to condemn the property in question or to encumber the same with any easement or servitude, and also the amount that the said plaintiff shall pay to the defendant, and said judgment shall adjudicate the rights of all the parties before the court.
History —Mar. 12, 1903, p. 50, § 6; Mar. 12, 1908, p. 94, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2912/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2912 - Incapacitated persons
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2912 - Incapacitated persons
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If any of the persons to be cited as hereinbefore prescribed be incapacitated, or under age, or under the guardianship of a tutor, or declared absent in accordance with the provisions of the Civil Code, the said citation shall be addressed to such legal representative; but if such legal representative be absent from Puerto Rico, or such guardianship or representation be not legally executed, the court shall appoint an attorney ad hoc, who shall defend the rights of the persons incapacitated or absent, fixing the amount of the fees for such defense.
History —Mar. 12, 1903, p. 50, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2913/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2913 - Taking of possession pending appeal
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2913 - Taking of possession pending appeal
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In cases of appeal to the Supreme Court the person, company or corporation who instituted the condemnation proceedings may take possession of the property condemned and use it for the purposes of the condemnation upon deposit with the Court of First Instance of the amount of indemnity fixed by the court and bond to the amount of fifty percent (50%) of said indemnity given by two (2) sureties who pay taxes upon real or personal property of the value assessed, in accordance with the laws of Puerto Rico for fixing taxes, of twice the amount of said bond.
History —Mar. 12, 1903, p. 50, § 9; Mar. 12, 1908, p. 94, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2914/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2914 - Filing of condemnation actions; place of trial; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2914 - Filing of condemnation actions; place of trial; procedure
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(a) All condemnation actions or proceedings shall be filed in the San Juan part of the Court of First Instance. On request of an interested party, the court shall hold any trial or hearing in the seat of the part of the Court of First Instance wherein the property the object of condemnation, is located.
(b) In all condemnation actions or proceedings, independently of the place the summons is served, the defendant shall answer the complaint within the term of twenty (20) days counting from the date notice thereof is served, except in such cases where the defendant has been summoned by edict.
(c) The Rules of Civil Procedure shall be applicable to condemnation proceedings, with the exception of such provisions of the rules as are clearly inconsistent with §§ 2901-2913 of this title.
History —May 15, 1948, No. 223, p. 774, §§ 3, 6; May 4, 1949, No. 178, p. 560, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2915/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2915 - Determination of compensation; prevention of speculation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2915 - Determination of compensation; prevention of speculation
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In case of the purchase or condemnation of private property for purposes of public utility or social benefit, the compensation shall be based on the reasonable value in the market of such property, without including any increase due to well-founded and reasonable expectation that the property acquired, or other property similar thereto, or situated within the locality where the former is situated, may now or later be required for public use or social benefit, or be necessary for some use to which it can be applied only by the Commonwealth of Puerto Rico or any agency or instrumentality thereof with power for the condemnation of private property.
In case of the sale or condemnation of the private property to which the preceding paragraph refers, the compensation shall likewise not include any new increase by reason of the public improvements or expenditures made in the locality by the Commonwealth of Puerto Rico through any of its executive departments, agencies or instrumentalities.
History —Apr. 26, 1946, No. 479, p. 1402, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2916/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2916 - Condemnation for benefit of municipalities
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2916 - Condemnation for benefit of municipalities
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The Governor of Puerto Rico is hereby empowered to acquire by condemnation proceedings on behalf and in representation of the Commonwealth of Puerto Rico, and for the use and benefit of any municipality of Puerto Rico, and if the Governor of Puerto Rico so deems it advisable, any properties or rights which the municipal legislatures, may through an ordinance to that effect, determine to be advisable, necessary and useful for the municipal purposes for which they were created.
History —May 5, 1950, No. 220, p. 560, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2917/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2917 - Condemnation for benefit of municipalities—Approval of ordinance; request to Governor
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2917 - Condemnation for benefit of municipalities—Approval of ordinance; request to Governor
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Upon approval by the corresponding municipal legislature of the ordinance provided for in the preceding section the mayor of the respective municipality, shall request the Governor of Puerto Rico to file the proper condemnation proceedings.
History —May 5, 1950, No. 220, p. 560, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2918/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2918 - Condemnation for benefit of municipalities—Declaration of taking; payment of compensation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2918 - Condemnation for benefit of municipalities—Declaration of taking; payment of compensation
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The provisions of §§ 2907 and 2908 of this title shall be applicable in any condemnation proceedings filed by the Governor of Puerto Rico under the authority conferred upon him by §§ 2916-2920 of this title.
History —May 5, 1950, No. 220, p. 560, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2919/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2919 - Condemnation for benefit of municipalities—Title to property; reimbursement by municipality
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2919 - Condemnation for benefit of municipalities—Title to property; reimbursement by municipality
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In all condemnation proceedings filed by the Governor of Puerto Rico under the provisions of §§ 2916-2920 of this title, and for the ends and purposes hereof, the title to the properties or rights the objects of such proceedings shall vest in the Commonwealth of Puerto Rico, and the latter shall have power to withhold same until the proper municipality shall pay to the Commonwealth of Puerto Rico any sums of money which the latter may have paid by virtue of such condemnation proceedings; Provided, That the Governor of Puerto Rico is hereby empowered to execute the corresponding public documents for the conveyance in due course, of title to the property in question to the corresponding municipality.
History —May 5, 1950, No. 220, p. 560, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2920/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2920 - Condemnation for benefit of municipalities—Declaration of public utility
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2920 - Condemnation for benefit of municipalities—Declaration of public utility
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There are hereby declared of public utility any properties or rights which the municipal legislatures may, through an ordinance adopted for the purpose, determine to be advisable, useful, or necessary for its municipal purposes; Provided, That should the Governor of Puerto Rico not deem it advisable to file the condemnation proceedings requested, the provisions of §§ 2916-2920 of this title declaring said properties or rights of public utility shall not be applicable thereto for the specific public purpose for which the aforesaid ordinance declared them advisable, necessary and useful in the form and manner aforesaid, and for which ends and purposes the Governor of Puerto Rico was requested to file the proper proceedings.
History —May 5, 1950, No. 220, p. 560, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2923/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2923 - Reservation of privately owned real estate for public use—Statement of purposes
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2923 - Reservation of privately owned real estate for public use—Statement of purposes
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It it hereby declared as the public policy of the Commonwealth of Puerto Rico that the costs of providing lands for public uses be distributed among their private owners and the citizenry in general, which in the end are the beneficiaries of all government public works. For such purposes it is necessary to adopt some uniform and consistent norms in any determination on the assignment of costs and benefits, especially those related to the criteria and terms used to determine when the costs to the proprietor go beyond the benefits to society. It is also necessary to establish a distinction between the concepts encumbrance, dedication, and reserve, in order to facilitate their interpretation and achieve an efficient application of §§ 2923-2927 of this title.
History —June 26, 1987, No. 46, p. 165, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2924/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2924 - Reservation of privately owned real estate for public use—Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2924 - Reservation of privately owned real estate for public use—Definitions
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The following terms shall have the following meaning:
(1) Encumbrance.— Means that the denial of all productive use of a property exclusively due to a proposal to locate a public transportation road through it, pursuant to a transportation or highway plan, adopted by the Planning Board, or because the lands have been destined for public use in a zoning map, or land-use plan, or because the Planning Board has approved the development of a public project on said lands or property.
(2) Dedication.— Means the transfer of land, free of charge, to the Commonwealth of Puerto Rico or its bodies or instrumentalities for public use, and could be part of the conditions for the approval of a project.
(3) Reserve.— Signifies the determination or act of a competent government body through which private lands are set aside for public purposes.
History —June 26, 1987, No. 46, p. 166, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2925/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2925 - Reservation of privately owned real estate for public use—Criteria to determine encumbrance
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2925 - Reservation of privately owned real estate for public use—Criteria to determine encumbrance
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In order to determine the encumbrance of lands, the following criteria shall be taken into account:
(a) That the encumbrance of the lands does not benefit the landowners in any way.
(b) The denial of all productive use in an area greater than twenty percent (20%) of the piece of land, taking into consideration the total area of the original piece of land, pursuant to the definition of encumbrance established by § 2924 of this title.
(c) The encumbrance on the property represents additional limitations to the development of the remainder of the original piece of land.
(d) That the intrinsic characteristics of the lands, such as floodability, topography, high agricultural productivity, capacity of the infrastructure and their zoning allow the proposed use or development.
(e) The nature of the public improvements which requires paralyzing the use of the land.
(f) Its priority within the public improvements program.
History —June 26, 1987, No. 46, p. 166, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2926/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2926 - Reservation of privately owned real estate for public use—Maximum term
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2926 - Reservation of privately owned real estate for public use—Maximum term
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The term of eight (8) years, counting from the date of encumbrance, is hereby established as the period during which any privately owned land may be encumbered as a result of their being reserved for public purposes or use.
This term shall be counted from the date on which all productive use of the land is denied.
History —June 26, 1987, No. 46, p. 166, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-iv/chapter-239/2927/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART IV - Condemnation of Private Property (§§ 2901 — 2927)›Chapter 239 - General Provisions (§§ 2901 — 2927)›§ 2927 - Reservation of privately owned real estate for public use—Requirements for release
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2927 - Reservation of privately owned real estate for public use—Requirements for release
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Once the term established by § 2926 of this title has elapsed, the owner of the encumbered property may request in writing, by certified mail, that the agency in charge of building the public works that led to the reserve and encumbrance of the lands purchase the property within the following ninety (90) days, counting from the date of receipt of the request. Once that term has elapsed, if the agency has not purchased the property, the owner may require the agency whose action affected the land to release them from any prohibition imposed by virtue of the encumbrance.
In the event that the Commonwealth subsequently needs to take the property for a public purpose, the Commonwealth shall purchase it through negotiation or a condemnation procedure.
History —June 26, 1987, No. 46, p. 166, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-243/2951/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 243 - Administration Property of Absent Persons (§ 2951)›§ 2951 - Appointment of administrator of property of absent person
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 243 - Administration Property of Absent Persons (§ 2951) › § 2951 - Appointment of administrator of property of absent person
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The appointment of administrator of the property of an absent person shall be made in such cases, in such form, and under such obligations as provided by §§ 131-141 of Title 31. The petitioner shall set forth in his application and under oath the existence of such circumstances as, according to law, are required for such appointment.
History —Code Civil Proc., 1933, § 617.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-245/2971/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 245 - Temporary Maintenance (§ 2971)›§ 2971 - Procedure on claims for temporary maintenance
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 245 - Temporary Maintenance (§ 2971) › § 2971 - Procedure on claims for temporary maintenance
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All claims for temporary maintenance shall be governed by the procedure provided for actions of unlawful detainer. An appeal lies against a judgment rendered in this class of actions. But such appeals shall not be an obstacle to the execution of the judgment.
History —Code Civil Proc., 1933, § 618.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-250/3035/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040)›§ 3035 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3035 - Definitions
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The following terms, when used or referred to in this chapter, shall have the following meanings, respectively, unless it clearly arises otherwise from the text:
(a) Government.— Is the Government of the Commonwealth of Puerto Rico.
(b) Registry.— Is the Commonwealth of Puerto Rico Civil Suits Registry, which shall comprise all judicial cases of a civil nature filed by and against the Government, and its government entities, as defined in this chapter, as well as all complaints against government officials in their personal nature that are related to the performance of their official functions.
(c) Government entity.— Is every agency, department, public corporation and its subsidiaries, offices, administrations, commissions, governing boards, administrative units, municipalities, consortiums, and municipal corporations, and any other unit of the Executive, Legislative and Judicial Branches.
(d) Secretary.— Is the Secretary of the Department of Justice.
History —Jan. 1, 2003, No. 1, § 2, eff. 180 days after Jan. 1, 2003.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-250/3036/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040)›§ 3036 - Creation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3036 - Creation
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The creation of a registry of lawsuits is hereby directed [sic] attached to the Department of Justice, which shall be accessible to the general public. This registry shall be of prospective nature and shall include all claims of civil nature filed by and against the Government, and its government entities, and which amounts exceed five thousand dollars ($5,000) or that constitute an injunction or mandamus proceeding, as well as all lawsuits against government officials in their personal nature and that are related to the performance of their duties, filed as of the effectiveness of this act.
History —Jan. 1, 2003, No. 1, § 3, eff. 180 days after Jan. 1, 2003.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-250/3037/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040)›§ 3037 - Contents
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3037 - Contents
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This Registry shall contain the following information:
(a) Case number.
(b) Parties to the case.
(c) Names of the legal representatives of both parties.
(d) Causes of action.
(e) Amounts claimed.
(f) Amount adjudicated or agreed on.
(g) Judicial provisions regarding the case.
(h) Date of the final resolution of the case.
History —Jan. 1, 2003, No. 1, § 4, eff. 180 days after Jan. 1, 2003.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-250/3038/
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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 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040)›§ 3038 - Notification
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3038 - Notification
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(a) The official in charge of a government entity of the Commonwealth of Puerto Rico or the official designated by him/her, shall have the obligation to notify the Secretary of all claims of a civil nature filed before a court, by or against said government entity, or against him/her in his/her personal nature related to the duties of his/her office, and which amounts exceed five thousand dollars ($5,000) or constitute an injunction or mandamus proceeding, by submitting a copy of the lawsuit and the subpoena and clearly stating the date, cause and nature of the action, amount claimed, the name of the parties, name and bar association number of the participating counsels. The said written notice shall be presented to the Secretary within thirty (30) days following the date the summons is received.
(b) Upon the conclusion of the case, the official in charge of a government entity, or the official designated by him/her, shall have the obligation to serve the Secretary with a copy of the judgment or transaction agreement and shall notify, in writing, in a clear and concise manner, the date of notice of the judgment or of the transaction agreement and the amount adjudicated or agreed. Said written notice shall be presented to the Secretary within the sixty (60) days following the approval of the transaction agreement or the notice of filing of the copy of the lawsuit in the record.
(c) If the case is appealed, the official in charge of a government entity of the Commonwealth of Puerto Rico or the official designated by him/her, shall have the obligation to notify the Secretary of said procedure within the thirty (30) days following the date said recourse is received. This date shall be stated in writing and by the certification signed by the person who receives said document.
History —Jan. 1, 2003, No. 1, § 5, eff. 180 days after Jan. 1, 2003.
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