#SeriesAFFAN #EXECUTIONS Chapter 1: EXECUTIVE JUDGMENT WHAT ARE EXECUTION PROCEEDINGS? THEIR PURPOSE IS TO ENFORCE A PREVIOUSLY DECLARED OR ESTABLISHED RIGHT BY MEANS OF A JUDICIAL REQUEST. 1. WHAT ARE THE EXECUTIVE TITLES FOR AN EXECUTIVE JUDGMENT TO PROCEED? (ART. 327 CPCYM) I. THE TESTIMONIES OF PUBLIC DEEDS. II. THE JUDICIALLY GIVEN CONFESSION OF THE DEBTOR; AS WELL AS THE FICT CONFESSION WHEN THERE IS A BEGINNING OF WRITTEN EVIDENCE. III. PRIVATE DOCUMENTS SIGNED BY THE OBLIGED PARTY OR HIS/HER REPRESENTATIVE AND RECOGNIZED OR DEEMED RECOGNIZED BEFORE A COMPETENT JUDGE. IV. LEGALIZED SIMPLE COPIES OF THE PROTEST RECORDS OF COMMERCIAL DOCUMENTS OR THE DOCUMENTS THEMSELVES IF THE PROTEST IS NOT NECESSARY. V. NOTARIAL DEED OF DEBTOR BALANCE. VI. INSURANCE, SAVINGS AND SURETY POLICIES ISSUED BY LEGALLY AUTHORIZED ENTITIES. VII. ALL KINDS OF DOCUMENTS THAT BY SPECIAL PROVISIONS HAVE EXECUTIVE FORCE. 2. EXAMPLES OF DOCUMENTS THAT HAVE EXECUTIVE FORCE BY SPECIAL PROVISIONS: BANK SAVINGS ACCOUNTS (ART. 110 BANKING AND FINANCIAL GROUPS LAW). LOTTERY TICKETS (ART. 2142 CC). 3. WHEN DO EXECUTIVE TITLES OF THE EXECUTIVE JUDGMENT LOSE THEIR EXECUTIVE FORCE? THE LISTED TITLES LOSE THEIR EXECUTIVE FORCE 5 YEARS AFTER THEIR EXPIRATION OR THE FULFILLMENT OF THE CONDITION, IF APPLICABLE, SINCE NONE OF THEM HAVE A GUARANTEE. (ART. 328 AND 296 CPCYM). 4. STATE THE PROCEDURE FOR THE EXECUTIVE TRIAL i.STEP 1: THE COMPLAINT IS PRESENTED, ACCOMPANYING THE EXECUTIVE TITLE. a.THE JUDGE QUOTES THE COMPLAINT AND THE EXECUTIVE TITLE. IF HE CONSIDERS IT SUFFICIENT, HE WILL ISSUE AN EXECUTION ORDER, ORDERING THE REQUIREMENT OF THE OBLIGED PARTY AND THE SEIZURE OF PROPERTY, IF APPLICABLE. (ART. 297 CPCYM). ii.STEP 2: THE OBLIGED PARTY IS REQUIRED TO PAY. a.IF HE PAYS, THE PROCESS ENDS. (ART. 300 CPCYM). b.IF HE DOES NOT PAY, THE PROPERTY IS SEIZED. (ART. 298 CPCYM). iii. STEP 3: THE PERSON BEING EXECUTED MAY OPPOSE THE EXECUTION WITHIN 5 DAYS. (ART. 329 CPCYM). iv. STEP 4: IF THE PERSON BEING EXECUTED OPPOSES, THE PERSON BEING EXECUTED WILL BE GIVEN A HEARING FOR 2 DAYS. (ART. 331 CPCYM). v. STEP 5: THE EVIDENCE WILL BE OPENED FOR 10 DAYS. (ART. 331 CPCYM). vi. STEP 6: JUDGMENT WILL BE GIVEN IN 15 DAYS (ART. 332 CPCYM AND ART. 142 LOJ) AND WHAT HAPPENS NEXT… (DO NOT SAY UNLESS THEY ASK). 7. STEP 7 – AUCTION ORDER (ART. 312 - CPCYM) 7.1. – THE EDICT IS ORDERED TO BE PUBLISHED 3 TIMES ON THE ELECTRONIC PORTAL OF THE CENTRAL AMERICAN NEWSPAPER (ART. 313 – CPCYM) 7.2. – IT IS ORDERED TO BE POSTED IN THE COURT STANDS – FOR 15 DAYS 8. STEP 8 – THE DAY AND TIME OF THE AUCTION ARRIVES (ART. 315 - CPCYM) 8.1. – THE COURT CRIER ANNOUNCES THE AUCTION AND THE BIDS; 8.2. – ONLY BIDDERS WHO HAVE DEPOSITED 10% OF THE VALUE OF THEIR BIDS WILL BE ADMITTED 8.3. – IT WILL BE DECLARED TO THE HIGHEST BIDDER 8.4. – A RECORD WILL BE MADE OF EVERYTHING 9.STEP 9 – THE SETTLEMENT IS PRACTICED - IN INCIDENT (ART. 319 - CPCYM) 10.STEP 10 – THE PRICE IS DEPOSITED WITHIN A PERIOD OF NO MORE THAN 8 DAYS - (ART. 323 - CPCYM) 11.STEP 11 – THE EXECUTED PERSON IS GRANTED A TERM OF 3 DAYS FOR THE DEED, IN CASE OF DEFAULT IT IS GRANTED BY THE JUDGE EX OFFICIO - (ART. 324 - CPCYM) 12.STEP 12 – DELIVERY OF THE PROPERTY IS ORDERED WITHIN A PERIOD OF NO MORE THAN 10 DAYS - (ART. 323 - CPCYM) 1.IF NOT CARRIED OUT, LAUNCH MAY BE ORDERED 5. SINCE THE JUDGMENT RENDERED IN AN EXECUTIVE TRIAL DOES NOT TRANSFER INTO RES JUDICATA, HOW CAN THE DECISION BE MODIFIED? (ART. 335 CPCYM) BY MEANS OF A SUBSEQUENT ORDINARY TRIAL. 6. WHAT IS NECESSARY FOR A SUBSEQUENT ORDINARY TRIAL TO PROCEED? (ART. 335 CPCYM) THIS TRIAL CAN ONLY BE PROMOTED WHEN: (1) THE JUDGMENT RENDERED IN THE EXECUTIVE TRIAL HAS BEEN COMPLIED WITH; (2) IT IS PROMOTED WITHIN THREE MONTHS AFTER THE JUDGMENT BECOMES EXECUTIVE; AND (3) IT IS FILED BEFORE THE SAME COURT THAT HEARD THE EXECUTIVE TRIAL. (ART. 335 CPCYM). 7. WHAT RESOLUTIONS ARE APPEALED IN THE EXECUTIVE TRIAL? (ART. 334 CPCYM) THE FOLLOWING WILL BE APPEALED: THE ORDER THAT DOES NOT ADMIT THE EXECUTION FOR PROCESSING; THE JUDGEMENT; THE ORDER THAT APPROVES THE SETTLEMENT. 8. HOW IS THE APPEAL PROCESSED IN THE EXECUTIVE TRIAL? (ART. 334 CPCYM) i. STEP 1: IT IS FILED WITHIN THREE DAYS. (ART. 602 CPCYM) a. THE JUDGE ADMITS IT, IT IS SUBMITTED TO THE HIGHER JURISDICTIONAL BODY. ii. STEP 2: A DAY AND TIME ARE SET FOR THE HEARING, WITHIN THE FOLLOWING 5 DAYS. iii. STEP 3: A JUDGEMENT IS ISSUED WITHIN THREE DAYS. Follow us on our Social Networks FB @affanprivados ???? / affanprivados IG @affangt ???? / affangt If you are interested in any of our courses, leave us your information and we will contact you to provide you with more information: https://forms.gle/iSku3D97sYYRRbhK6 Remember that you have AFFAN!