BASIC NOTES FOR TECHNICAL LEGAL .
STRUCTURE AND FUNCTIONING OF THE JUDICIARY
HEADQUARTERS AIEP
RANCAGUA
Auxiliary Administration of Justice.
Title X Article 350 and following the Organic Code of Courts. 19,390
law added the art. 495 bis, which established that the auxiliary of justice shall hold office only until the age of 75 years. However, this same law in art. 3 º transitional states that the rule laid down in Article 495 bis of the Organic Code of Courts shall not apply to the auxiliaries of administration of justice that are in service to the effective date of this law.
The same law referred to the situation of a staff member who is qualified in poor list, or for two consecutive years probation list. This will be removed from office by reason only of law, a fact to be communicated immediately to the Ministry of Justice handed down for the DS.
aides the administration of justice are those judicial officials who cooperate with the work of the courts.
RECEIVERS.
public faith Ministers are responsible to make known to the parties, outside the offices of the secretaries, decrees and decisions of the courts and evacuate all the court proceedings that they were committed. What roles do
.
functions incumbent upon them to these receptors:
a) Report out of the office of the secretary, decrees and court decisions.
b) Comply with all those proceedings that the court requested.
c) Receive summary information from witnesses in acts of voluntary jurisdiction or civil proceedings. Article 390 inc. 2 º.
d) Act as minister of faith in civil proceedings, the reception of the testimony and the acquittal of positions.
e) Other functions that will handle the law.
Obligations of receivers.
Art. 393 subject to the following recipients. obligations:
1. - Evacuate promptly, diligently and faithfully notices and other proceedings as assigned.
2. - They must also, necessarily, record under his signature and regardless of the rights they receive care of the parties.
3. - They should free those who enjoy the privilege of poverty. Article 595. They serve
CS, CA. and tried in court the letters of the territory is seconded and exercise their functions throughout the respective court or tribunal. But they can conduct any investigation ordered by the court in another municipality that is within the territorial jurisdiction of the same CA.
Out of these receptors are also certain receptors belonging to some government services. Thus there are receptors in the service of legal collection of taxes, in the corporation of legal assistance and some other services. Fe
These ministers have not paid by the State, receive fees for performing actions that must be paid to you by the litigants or by the person entrusted to practice inspection. These rights are determined by a tariff that makes the Pres. of the Republic through the Ministry of Justice. Archivists
public faith ministers are charged with the custody of the documents specified in Article 455 of this code and to give interested parties the evidence which they ask them.
What are their functions
a) It is up custody of completed processes that were started before the judges of letters that exist in the municipality or group of communes.
b) Custody of the process completed within the territorial jurisdiction of proceedings before a referee.
c) To keep books copiers sentence.
d) Of the protocols of the public deed in the appropriate jurisdiction.
e) Save in accordance with the appropriate processes, Books of Sentences, protocols and other papal office, subject to the orders and instructions that the court or tribunal concerned shall give them in this regard.
f) Provide any person upon request, review of processes, protocols, books or your file
g) Provide interested parties, in accordance with the law, the evidence that they ask of the documents that exist in file, and
h) Developing and publishing within the period that the President identify in each case, the rates of processes and scripts that Office is installed and in the months of March and April, after installed, for the last year. These indices are formed according to the instructions given the respective Courts of Appeals
are not paid by the State, only rights of persons under the respective tariff.
THE CONSERVATIVES. They are ministers of faith
registrars conservatories real estate, commerce, mines, mining itself shareholders of companies, associations of channel, pledge agricultural, industrial clothing, particularly in garment and others that are entrusted to them laws.
Constitution:
in each commune or group of communes that constitute territorial jurisdiction of a court of letters, there will be a Conservative. What are their functions
Its main function is to show to others the legal status of property and certain specified furniture, scoring the first real domain D and charges that may exist on them.
These will match you practice law mandating registration in their records and make copies and licenses applied.
records they have been created by different laws and regulated.
Among them we can name the Real Estate Registry, which consists of four books:
a) code.
b) Property registration.
c) Register of mortgages and liens.
d) Registration of bans and prohibitions to alienate.
This conservative organization has a special case of the city of Santiago. Article 449.
With respect to remuneration rights of persons to receive, under the respective tariff. Article 492
NOTARIES.
ministers are responsible for authorizing public faith and keep on file the instruments to be accorded to them, to give interested parties the evidence that they ask, and practice other measures that the law require.
What are their functions
Art. 401, 447, 448.
The ordinary act of occurrence is given before a notary is called the Deed. Section 403 is the public or authentic instrument granted with the formalities that the law fixed by the competent notary and included in its protocol or public record.
Organization of Notaries.
in each community or grouping of communes will be at least a notary, but the report of the C. of Appeals, Pres. of the Republic may create new Notaries, noting that holders establish an office within the territory of a given community. In those that have more of a notary, the Pres. of the Republic, must be given to each numbered correlated, independent of the name of those who serve.
No notary may exercise his functions outside the area who have been assigned.
In communities where there is no notary, the Civil Registry officials were authorized to carry public records wills allow for open, judicial, solemn inventories, deeds of legitimation of children and other instruments which the law assigned. Section 46 Act 4808. This legislation was amended by Act 19,477, which removed the Civil Registry officials attributing all notarial character. Previously the competition had expanded to notaries of those neighboring communities that lack such staff.
A point of interest is the protocol. Arts 415.
Probate: the fact of adding a final document to a Notary Public Registry at the request of who asks.
For the logging takes legal effect, it must be recorded in the register book the day you present the document in the manner prescribed in Article 430.
THE AUCTIONEERS 18,118
Act of May 22, 1982.
Those enrolled in the Registry in accordance with the law and charged with selling 18,112 public and to the highest bidder all kinds of personal property.
Requirements:
a) be Chileans or foreigners with permanent residence in Chile.
b) Have completed the cycle of high school or equivalent studies demonstrate, and
c) Have their own capital in a time equal to or greater than 1,500 UF. Inability
:
a) Those who have been canceled registration to practice as such.
b) Minors;
c) an undischarged bankrupt.
d) any person who has sudo bankrupt in their work as auctioneer.
e) Those who have been convicted of a crime or offense that merits distressing, by decision rendered
The certificate of registration necessary to carry on the business of auctioneer will be awarded by the Undersecretary of Economy, Development and Reconstruction on all natural or legal persons who request it, provided they meet the conditions for each case.
Undersecretary of Economy, Development and Reconstruction must accept or reject, a reasoned decision, the applications submitted within 20 working days after its receipt. If not resolved within that period means the application is accepted.
Undersecretary of Economy, Development and Reconstruction will take a National Registry of auctioneers.
responsibility of the Undersecretary for Development and Reconstruction:
a) Enroll in the National Register of Auctioneers and grant the corresponding certificate.
b) Take the National Register of auctioneers and cancel the registration in case of resignation, death or supervening loss of the requirements.
c) Monitor compliance of the law
d) Submit to the Court of Appeals in December of each year, the lists of registered auctioneers on that date, domiciled in the respective jurisdiction. Remate Judicial
The species judicial reates furniture made by the auctioneer shall designate the presiding judge.
The auctioneer at the time of the species for auction, will raise a record of it, which should have all the specifications laid down in Art. 450 of CPC in the minutes however, as it deems appropriate. Courts of Appeals
maintain a special register in which shall be recorded the auctioneers interested in judicial auctions.
Auctioneers must be accountable for the auction before the court, within 5 days from the date of the auction. LAWYERS
TOC Title XV arts. 520-529
Even though they are not properly supporting the administration of justice is a person who has a great importance to the courts and that guy is the lawyer .-.
What are the lawyers.
Article 520. They are people covered by the authority competent authority to defend before the courts the rights of the parties.
This is an incomplete definition, since the rights of the parties before the courts is just one of the functions you can perform a lawyer. Hence
meet this definition, the doctrine has attempted to develop different notions of what a lawyer. Doctrinal definitions of these shows that the functions performed by an attorney have different nuances.
A lawyer can play a role as consultant, advisor or consultant. This professional will provide reports, advise or manage legal matters and sometimes otherwise. You can also serve as a conciliator.
The lawyer is a preparation or quality to reconcile and reconciliation must face before advising the lawsuit. This because each litigation matter that uncertainty.
The code of ethics that governed Chile for the lawyers on the Bar Association, indicates that the lawyer should always promote fair transaction.
can also play a role as an advocate in court, which is what the COT is
Why justifies the intervention of lawyers in lawsuits.
1. - Because the courts provide lawyers knowledge of the legal issues in question. Analyze materials and present the judge and give it the possibility of using it to apply at sentencing.
2. - Because in our civil justice prevails the principle of passivity and to break it states that the parties can enforce their rights in the manner described by law, although in general, only lawyers know the D °, despite the presumption of knowledge of the law. Apart from these functions could be said to exist among other functions to be performed by this attorney, lawyer in the judiciary, corporate lawyer, acting as an attorney surrogate may act as arbiter of D º or mixed exercise administrative, teaching D º.
Lawyers have had different names. In Greece and Rome are known as the speaking speakers was what characterized. The courts judge advocates called them and the laws of items is called spokesmen.
requirements to become a lawyer. ART. 523.
1. - Having 20 years of age. (It is credited with the birth certificate.).
2. - Have a Bachelor's degree in legal sciences awarded by a university, according to law.
3. - Not have been convicted or currently be prosecuted for a crime that merits corporal punishment, except in the case of crimes against the internal security of the state. The Article 606 CPP
us that are considered non-corporal punishment of disqualification for office public office, D º political and professions holders, the loss or confiscation of the effects or instruments of crime, that of permanent disqualification to drive to animal or mechanical, the suspension to drive the vehicle to mechanical traction or animal and only penalties.
Other body will be estimated.
4. - A history of good behavior. These may require the Supreme Court by the inquiries it deems appropriate and necessary.
5. - Have successfully completed an internship at the Legal Assistance Corporation for 6 months. This circumstance must be established by the director general of the respective corporation.
This obligation means the practice carried out by those officers or employees of the judiciary by the fact have been functioning for 5 years. Gathered
these 5 conditions, the candidate of Attorney is able to apply their professional title to C. Supreme, which is done by A written request shall provide the documents certifying the above requirements .-
evidence of good conduct, by two witnesses. Furthermore, the CS asked for a statement of criminal affiliation. Gathered
this background with which to form a file, C. Supreme them day and time set for awarding the title to be given in open court CS
Public Meeting for the full court after verifying that the candidate meets the requirements prescribed by law, gives the title.
At that hearing, the applicant must swear to play fair and honest profession, on the Scriptures.
The Pres. the court declares it out loud vested law degree. It
spoken at this hearing is drawing up a document authorizing the clerk of the court and delivered to each of the participants for their title and certificate attesting that capacity. The diploma is signed by Pres. the court, the ministers attending the hearing and the secretary.
Only Chilean nationals may exercise the profession attorney, notwithstanding what is provided under international treaties.
The allegations can only be made by a lawyer authorized to practice the profession. However those who are doing their practice at the Legal Assistance Corporation may also make allegations.
The act by which a person instructs a lawyer to defend their rights in court, is a mandate and, therefore, is subject to the rules of the CC, with the difference that this mandate does not end with the death of the principal.
