Specialist: Dr.

File: 2014

Notebook: Main

Written: 01

Sumilla: Demand

Mr. Judge of the Second Mixed Court – MBJ Paucarpata

Headquarters .

xxxxxxxxxxxxxxxxxx, identified with DNI. No. 42300623, with real

address at xxxxxxxxxxxxxx Street, Salaverry Urbanization, District of Socabaya,
Province and Department of Arequipa, indicating the procedural address FOR
PURPOSES OF VALID NOTIFICATION, procedural address, the one located at

xxxxxxxxxxxxxxx Street , Cercado, province and Department of Arequipa, place

where future law notifications will be sent ; To you, with due respect, I indicate the
following:

Defendants and address :

That this should be understood as defendant xxxxxxxxxxxxxxx, the

same person who died on April 22, 2014 in the city of Arequipa, being an uncertain

defendant and to establish a valid procedural relationship, it must be notified by Edict.

Request:

I file a Demand for a JUDICIAL DECLARATION OF RECOGNITION OF

FACTUAL UNION, in order to judicially declare the De facto Union held between Mrs. based

on the following foundations:

 Factual Foundations:

1.- The appellant and the deceased xxxxxxxxxxxxxxxxxxx had a de

facto union and/or cohabitation relationship from January 2000 to April 22, 2014,

voluntarily entered into and maintained uninterruptedly for more than 10 years; Last date

on which he died due to an accident that caused a condition of Polytrauma due to Severe

ECT, as proven by the Death Certificate dated April 22, 2014, issued by the Civil Registry of

the Provincial Municipality of Alto Selva Alegre.

2.- That the appellant and her partner, the deceased xxxxxxxxxxxxx,

established their cohabitation address on xxxxxxxxxxxxx street, DISTRICT OF ALTO SELVA

ALEGRE, province and department of Arequipa, from the month of January of the year 2000

until the date of his death, January 22. April 2014 and, as a result of this relationship, they

procreated their children xxxxxxxxxxxx, born on October 1, 1983 and registered with Birth

Certificate No. xxxxxxxx; xxxxxxxxxxxx, born on May 2, 1986 and registered with Birth

Certificate No. xxxxxxxx; and xxxxxxxxxxxxxx, born on May 7, 1995 and registered with Birth

Certificate No. xxxxxxxxxxxxxx all in the Civil Registry of the Provincial Municipality of

Arequipa, 30, 27 and 18 years of age respectively.

3.- That the appellant and her late cohabiting partner Juan de Dios

Choque Peláez cohabited voluntarily and maintained their cohabiting relationship or de

facto relationship without having any impediment, since they were free of marital

impediment, their marital status being single, therefore that their cohabitation relationship

was similar to that of a marriage and that this creates a partnership of property that is

subject to the partnership of community property, sustained for more than 30 years in a

public and uninterrupted manner and in the same domicile, with knowledge of our relatives.
 4.- That my cohabiting partner in life was affiliated with the ONP

where he contributed to its pension system, in the same way he had Social Security and this

benefit was provided by ESSALUD, as well as being insured for other benefits of a work

nature such as CTS funds – Compensation for Time of Service, and all types of insurance for

working in civil construction, which corresponded to him, which he has been prevented

from claiming because the status of his de facto cohabitation with his late partner is not

judicially recognized, Therefore, it is of vital importance that the de facto union be declared

judicially and be able to unrestrictedly claim all the benefits that correspond to the

appellant by law, such as widow's pension rights.

5.- Consistently with the arguments presented, this claim must be

supported in all respects.

Legal Foundations :

I protect this in Art. 326 CC modified by Law No. 30007 because the

appellant and her late cohabiting partner Juan de Dios Choque Peláez have not had any

impediment to maintaining a cohabiting relationship or de facto relationship since they

were free of marital impediment, so their cohabitation was a similar to that of a marriage

for more than 30 years, which creates a partnership of property that is subject to the

partnership of community property, and which is accredited with written proof such as the

birth certificates of your children Aníbal Choque Soncco Mirian Luz Choque Soncco, and

Juan Derly Choque Soncco.

Petition Amount:

It is not possible to determine an amount because it is a Declaration

or Judicial Recognition of a De facto Union.

Procedural Route :
 Knowledge Process.

Evidence :

1.- Certified copy of the Death Certificate No. xxxxxxxxxxxx issued by

the Provincial Municipality of Arequipa, which certifies the death of my cohabiting partner

xxxxxxxxxxxxx dated March 30, 2012.

2.- Certified Copy of the Birth Certificate No. xxxxx of xxxxxxxxxx,

born on October 1, 1983, registered in the Civil Status Registry of the Provincial Municipality

of Arequipa, in order to prove the connection of my late partner with the appellant in

quality of parents and the coexistence relationship we had.

3.- Certified Copy of the Birth Certificate No. xxxxxxxx of

xxxxxxxxxxxx, born on May 2, 1986, registered in the Civil Status Registry of the Provincial

Municipality of Arequipa, in order to prove the connection between my deceased partner

and the appellant as parents. and the coexistence relationship we had.

4.-. Certified Copy of the Birth Certificate No. xxxxxxxxxxxx of

xxxxxxxxxxxx, born on May 7, 1995, registered in the Civil Status Registry of the Provincial

Municipality of Arequipa, in order to prove the relationship between my deceased partner

and the appellant as parents and the coexistence relationship we had.

5- The Public Deed dated November 6, 1999 by which the property

located on xxxxxxxxxxxxPP.JJ street is transferred. Miguel Grau, district of Paucarpata,

province and department of Arequipa, in favor of the appellant, in order to prove that our

constant number of cohabitants.

6.- Family Registration Card No. xxxxxxxxxxxxxxx dated March 24,

1986 issued by IPSS today ESSALUD where my late marital partner declares me as a

cohabitant, in order to accredit the de facto Union maintained since 1982.

 7.- Certificate of domicile No. xxxxxxxxxxxx granted by the District

Municipality of Paucarpata, in order to prove that the appellant currently resides at

xxxxxxxxxxxxxxxxxx No. xxxx PP.JJ. Miguel Grau, district of Paucarpata, province and

department of Arequipa.

8.- 05 Photographs of family commitments with my cohabiting

partner xxxxxxxxxxx and our children in order to prove the de facto union that we had until

he died.

9.- The report that the RENIEC will issue regarding the marital status

and address indicated by the appellant Mrs. xxxxxxxxxx identified with DNI. No.

xxxxxxxxxxxxx and the late Mr. xxxxxxx identified with DNI. No. xxxxxxxxxxx, for which

purpose the corresponding letter is sent to the Management of the National Registry of

Identification and Civil Status of the Arequipa Region.

10.- Negative Will Certificate of xxxxxxxxxxxx, granted by Registry

Zone No. XII – Arequipa Headquarters.

11.- Certificate of Preventive Annotation of Intestate Succession

requested by xxxxxxxxxxx granted by the Registry of Intestate Succession of Registry Zone

No.

12.- Note of Observation of Negative Certificate of Intestate

Succession since there is a preventive annotation registered in the Registry of Intestate

Succession of Registry Zone No.

13.- The testimonial statement of Mr. xxxxxxxxxxxx, Peruvian, of

legal age, residing at xxxxxxxxxxxxxxx street. Miguel Grau, district of Paucarpata, province

and department of Arequipa, xxxxxxxxxxxx Peruvian, of legal age, residing at street

xxxxxxxxxxxxxxxxxx Miguel Grau, district of Paucarpata, province and department of

Arequipa, who will testify about the fact of voluntary and uninterrupted coexistence by

more than 30 years supported by the appellant and her late cohabiting partner

xxxxxxxxxxxxxxx from January 1982 to March 30, 2012.

For the exposed:

I ask you to access as I request.

OTHERWISE I SAY : In accordance with the provisions of Art. 80 CPC Me, xxxxxxxxxxxx,

identified with DNI. No. xxxxxxxxxx, I delegate in favor of my Attorney Dr. xxxxxxxxxxxxxxx

the powers conferred in Art. 74 of the CPC indicating my address as xxxxxxxxxxxxxxxxxx.

Miguel Grau, district of Paucarpata, province and department of Arequipa, declaring that I

am informed of the representation that I grant and its scope. Access is useful.-

OTHERWISE I SAY : I attach the following Annexes:

1.a.- Copy of the appellant's identity document.

1.b.- Certified copy of the Death Certificate No. xxxxxxxxxx.

1.c.- Certified Copy of Birth Certificate No. xxxxxxxxxxxx.

1.d.- Certified Copy of Birth Certificate No. xxxxxxxxxx.

1.e.- Certified Copy of Birth Certificate No. xxxxxxxxxxx.

1.f.- Family Registration Card No. xxxxxxxxxxxx.

1.g.- Certificate of address No. xxxxxxxxxxxxxxxxxx.

1.h.- 05 Photographs.

1.i.- The Public Deed dated November 6, 1999.

1.j.- Negative Will Certificate of xxxxxxxxxxxxxxx, granted by Registry Zone No. XII – Arequipa

Headquarters.

1.k.- Certificate of Preventive Annotation of Intestate Succession requested by

xxxxxxxxxxxxx granted by the Registry of Intestate Succession of Registry Zone No.

1.l.- Note of Observation of Negative Certificate of Intestate Succession since there is a

preventive annotation registered in the Registry of Intestate Succession of Registry Zone No.

1.ll.- Interrogation sheet for testimony xxxxxxxxxxxxxxx.

1.m.- Interrogation sheet for testimony xxxxxxxxxxxxxxx

Arequipa, 2014 March 21