reglab/statecodes huggingface dataset:
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

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.
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

(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.