DIFFERENCES AND SIMILARITIES OF THE

“NEW CIVIL PROCEDURE CODE AND THE

BOLIVIAN CIVIL PROCEDURE CODE”

ANALYSIS

Following the promulgation of the new Code of Civil Procedure, which will come into force in
August of next year, at least 12 actions stand out that will streamline and modernize judicial
processes in this matter.
The president of the Departmental Court of Justice of Chuquisaca and one of the main authors of
the new Code, José Antonio Revilla, explained that the rule is not a reform of the current law, but
is a total replacement.
Among the innovations are the introduction of orality in trials, the use of technologies, the
reduction of procedural deadlines and the streamlining of the heir declaration process, which
excludes prosecutors, among others.
It is a Code with a high academic sense and prepared based on experience and knowledge of civil
processes in the country. He highlighted that the authors are Bolivian lawyers and it could become
a model Code for other States.
It is the third Code approved in Bolivia. The first came into force in 1830, in the government of
Andrés de Santa Cruz, and the second in 1971, with Hugo Banzer. Proof. With the new Code, the
only aspect that was maintained in relation to the previous one is that referring to the means of
proof, but the substantial changes are framed in the inclusion of oral hearings to resolve disputes
in just two sessions.
Another innovation that is included is the issue of equity. Now the judge issues his sentence based
on evidence provided, but later the authority will be allowed to take into account his feelings or a
sense of justice, without subverting legal norms.
The declaration of heirs is still a cumbersome and long process and is defined in judicial instances.
With the validity of this Code, this attribution will pass into the hands of the notaries. However,
only controversial cases will reach judicial authorities.
Now, to obtain evidence from third parties, the prosecutor is asked to authorize it through a
request. With the new rule, that power will be the judge's. Fraudulent bankruptcy will also be
modified, it will have an administrative auditor.
Among the innovations are the introduction of orality in trials, the use of technology in
notifications, the reduction of procedural deadlines and the streamlining of the process of
declaration of heirs, in which prosecutors are excluded, among others.
Incorporate a new legal body in civil matters; It is the result of a change and modernity of the laws,
in accordance with our customs, our National State of Pluralism that combines with democracy
and the equality of all before the law , it is necessary to make an evaluation of form and content
that allows us to know clear way about the changes and innovations that have occurred in civil
procedural matters:

SHAPE CHANGES

NAME

 The Decree Law No. 12760 of August 6, 1975 gave birth to the CODE OF CIVIL PROCEDURE
, which was elevated to the rank of law on February 28, 1997.
 The new civil adjective legislation was given through Law No. 439 with the name of CIVIL
PROCEDURAL CODE

STRUCTURE

CODE OF CIVIL PROCEDURE

Law 12760 is divided into 4 books, 20 titles, 93 chapters, 9 sections and 790 articles.

 The First Book : has 6 titles, 41 chapters, 2 sections and 315 articles that deal with the “
Process in general”
 The Second Book : composed of 3 titles, 10 chapters, 7 sections and 170 articles on “
Knowledge Processes” including an added title on coercive execution.
 The Third Book : has 3 titles, 11 chapters and 76 articles that deal with “Execution
Processes”
 The Fourth Book : consists of 8 titles, 31 chapters and 229 articles that tell us about “The
Special Processes”

NEW CIVIL PROCEDURE CODE

Law 439 is divided into 2 books, 14 titles, 51 chapters and 509 articles.
 The First Book : It is composed or divided by 6 titles, 26 chapters and 291 articles referring
exclusively to the “General Provisions”
 The Second Book : Composed of 8 titles, 25 chapters and 218 articles referring exclusively to
the “Development of processes” .
GOALS
CODE OF CIVIL PROCEDURE
 Establish the procedures and steps in resolving conflicts that arise from illegal acts in civil
matters.

 Indicate the development of trials or processes before the corresponding jurisdiction

NEW CIVIL PROCEDURE CODE

Provide greater access to justice through orality

Deformalize the civil process in all its stages
Simplify the procedure
Reduce judicial overload and avoid procedural delays
Make judicial proceedings transparent through the introduction of the oral system
Achieve effective and efficient prompt justice
PILLARS ON WHICH THEY ARE SUPPORTED
CODE OF CIVIL PROCEDURE
1. This civil procedural legislation does not specify the pillars on which it is based, however,
as is the case with other legal bodies, it is a copy of the French Code that has been
modified and adapted to the Bolivian laws of the 1970s.
2. It is based on a structural written system where writing predominates throughout the
process.
CIVIL PROCEDURE CODE
1. Process by hearing
2. Secretary notifications
3. Introduction of monitoring structure processes
BACKGROUND CHANGES
BEGINNING
One of the innovations of this new Civil Legal Body specific to the substantive matter must be
taken into account is the incorporation of principles on which it is based such as: Orality, Legality,
Direction, Immediacy, Concentration, Advertising, Sanitation, Gratuity, Speed, Transparency,
Procedural Equality, Contradiction and Material Truth among others no less important, which
were not mentioned in the previous one but which come to establish and sustain civil regulations
in accordance with the new vision of the State that is established.
NUMBER OF HEARINGS AND ORALITY
Currently the number of hearings varies from one case to another, it can be innumerable since it is
carried out in writing. The trial period in ordinary litigation is a minimum of 10 days and a
maximum of 50 days.
As of the entry into force in August 2015 of the new civil procedure code, the introduction of the
process such as the claim, the response, the counterclaim and the response thereof, will continue
to be written acts, while the production of evidence It will be held in a maximum of two oral
hearings, which are the Central or Initial Preliminary and the Supplementary. The act of decision
will emerge after the generation of evidence that will be carried out by the parties in conflict;
then the sentence will be issued.
THE POWER OF JUDGES CURRENTLY
Judges currently do not have much contact with the parties nor with the evidence. They have the
obligation to accept all types of incidents raised by the parties in conflict or in cases of obvious
origin. Competing litigants have a number of powers that, for the most part, can be used in a
harmful way, such as incidents, delays and negligence.
Since August 2015, thanks to the principles of immediacy, concentration and sanitation among
others, the jurisdictional authorities will have a more participatory role where they will not only
have personal and direct contact with the parties and the evidence but will also be able to repress
incidents and concentrate them. all in one act.
THE CONCILIATION
In the current system, conciliation is an optional act of the parties and the judge, therefore if there
is a predisposition on the part of the parties, the judge accepts conciliation to resolve the conflict
between the litigants.
After August 2015, the claim must necessarily be preceded by conciliation, without prejudice to
the preparatory and precautionary measures that may have been requested; therefore, before
resorting to the ordinary oral hearing process, conciliation must be attempted.
Once the conciliatory route has been exhausted, the process will begin with the presentation of
the claim, which must meet the requirements of form and content indicated in art. 110 of the Civil
Procedure Code, if there is no conciliation record, the claim will not be admitted.
LEGALITY AND EQUITY
With the current Law in force, the judge can give his ruling based on legality, based on the
evidence provided, the magistrate must issue a sentence that, in most cases, may be unjust, but
legal.
As of the entry into force of the new rule, the judge will be authorized to rule by equity, that is, to
deviate, without disrupting the legal system, in order to issue a ruling with a sense of justice that is
applicable to that specific case. . This is unacceptable in the current system.
SEIZURE
With the law that is in force, it is foreseen that a seizure of assets can be requested, but in order to
do so, the party has to make “against caution”, that is, give a type of bond to make the seizure
effective.
With the new law, the “contra caution” is eliminated. In this case, the affected party that wants to
ensure compliance with its sentence may request precautionary measures without the need for
any bond.

THE MONITORING SYSTEM

With the current system, when the lawsuit is filed, it is transferred to the other party and they
respond as appropriate, then after a short trial period, the ruling is issued.

With the New Code of Civil Procedure, the monitoring structure process will be introduced, which
is nothing more than the pronouncement of a sentence immediately upon presentation of the
claim, when the evidence convinces the judge.

The other party may object, but in this case only to the judge's ruling and not to the lawsuit.

PUBLIC REQUIREMENT
Now, to obtain evidence that is in the possession of one of the parties or in public offices, a public
request must be made to the prosecutor to access a certain document.

With the new regulations, the party may directly appeal to the judge in the case to summon, notify
third parties or heads of public offices to provide the required document.

THE PRONOUNCING OF THE SENTENCE

Currently, in ordinary processes, the period to pronounce a sentence is 40 days.

With the new Code, the sentence must be pronounced immediately after the evidence is received
and produced during the same hearing.

USE OF TECHNOLOGY
With the still current Code of Civil Procedure, the use of technology is not recognized and to be
notified physically, you have to resort to the diligence officer, which, in some cases, causes, even
without intending it, delaying the processes. .

The new rule in Civil matters, appropriate to new times and technology, will allow notification to
the parties electronically, either by e-mail or text messages (SMS) to the cell phones of the
litigants. This measure is expected to save time for notifications.

FRAUDULENT BANKRUPTCY
With the current system, it is enough for a person to only say that they have many debts and that
they do not have sufficient assets to pay the debt, to declare bankruptcy.

The new Code provides that the bankruptcy process will require a judicial auditor to administer
the debtor's assets, to demonstrate whether he is solvent or not and avoid a fraudulent
bankruptcy.
CASSATION
Any ordinary process ultimately reached the Supreme Court of Justice, now the Supreme Court of
Justice, which is based in Sucre.

With the enacted regulations, only larger processes will reach the Supreme Court of Justice. The
cassation stage will be eliminated for less relevant cases.

DECLARATION OF HEIRS
The declaration of heirs is a completely judicial action and therefore is carried out in judicial
courts.
With the New Code of Civil Procedure, and the implementation of the Notary Public Law, the
declaration of Heirs will pass into the hands of Notaries. Only controversial cases will reach judicial
authorities.

THE PRECAUTIONARY PROCESS.-

Although precautionary measures were not classified in the Code of Civil Procedure, through
doctrine they were classified as typical and atypical, in the new civil legal body these measures not
only changed their name to precautionary but are classified as generic and specific:

o Generic: They are open and circumstantial in nature, left to the imagination of the lawyers
and the disposition of the judge, the essential thing is that the lawyer looks for an
adequate foundation.
o Specific: The specific precautionary measures previously called typical by the doctrine, are
measures expressly indicated by the procedural law and as their name indicates, they have
certain roles, certain situations where they can arise and are:
- Preventive annotation (325).
- Embargo and Preventive Kidnapping (326).
- Judicial Intervention (329).
- Inhibition of Assets (335).
- Prohibition of innovating or contracting (336).
The requirements and origins differ from the current Code of Civil Procedure since previously, in
order to proceed with a precautionary measure, there were only three assumptions: the
verisimilitude of the right, the danger of delay and the counter-caution.

In the new civil procedure code, there are four presuppositions to necessarily attend to the
request for a specific precautionary measure and they are the plausibility of the right, the danger
of delay, the legal possibility and the proportionality of the measure, in addition to the fact that
they can be presented before and during the substantiation of the claim and no counter caution is
needed

COUNTERCAUTION
It is the application of the principle of equality, ensuring to the actor a right not yet acted upon
and to the defendant giving the effectiveness of compensation for damages if the right requested
by the actor does not exist or does not materialize.
In this regard, the Code of Civil Procedure in article 320 states that precautionary measures may
be ordered under the responsibility of the requesting party without the need to provide caution
(against caution). The judicial authority must base its decision on consideration of the plausibility
of the right, the danger in the delay, the legal possibility, and the proportionality of the measure.
However, caution will be required when it comes to judicial intervention and in cases indicated by
law. It should be noted that in this new regulation the counter-caution no longer exists.

PRELIMINARY PROCESSES
Previously, it is necessary to note that process in a broad sense is equivalent to a trial, cause, or
suit, consequently it is the sequence, the development, the succession of moments in which a
legal act is carried out, procedure for its part, are the regulatory norms for Action before
jurisdictional bodies can also be defined as the branch of law that serves to determine the rules of
judicial organization, jurisdiction, trial procedures, and execution of decisions of justice, which
constitutes the content of Procedural Law and of the procedural codes, and another strict set of
acts completed to achieve a judicial solution, or it is also the set of formalities that must be
followed to submit a claim to justice.
With this conceptualization we can point out that the process occurs with the beginning of a
lawsuit, so why are they called preliminary processes if they are outside the lawsuit.

Among the types of preliminary processes are:

Conciliation.- It is an alternative means of conflict resolution, judicial or extrajudicial through
which the parties seek to reach an agreement by themselves, regarding their differences with the
support of a neutral third party called a Conciliator.
Negotiation.- It is a process that offers interested parties the opportunity to exchange and make
commitments in an effort to resolve their differences and reach a mutual agreement.
Arbitration.- It is a means of conflict resolution by which two parties, by virtue of the principle of
autonomy of will, decide to submit to a legal controversy that has arisen, to the decision of one or
more arbitrators, excluding the knowledge of the matter to the jurisdiction.
Mediation .- It is a conflict resolution procedure in which a neutral third party called a Mediator
helps the parties negotiate to reach a mutually acceptable result. The mediator can suggest
alternative solutions, but has no power over the parties.
Conciliation in the New Civil Procedure Code is mandatory since it will be preliminary to any
procedure that exists since the conciliatory route must be exhausted to begin the judicial process.
On the other hand, the judicial authority will approve conciliation without condemnation of costs
and costs whenever it concerns rights available through a definitive order with the effect of a
sentence and the value of res judicata, not admitting any appeal.
EXEMPTION OF COSTS AND COSTS.- Costs in a general concept are the payments that litigants
must make as a result of a process, for which one of the parties can be reimbursed if the opposing
party is sentenced to pay costs.

PREPARATORY DILIGENCES.- These are actions that are proposed by the judicial bodies and are
intended to obtain information about circumstances related to the personality of the future
defendant or other matters that whoever intends to file a claim needs to know for the successful
initiation of a civil process. as well as obtain documents or objects that are necessary to enter said
process.
The request must clarify what measure is being requested and why it is necessary to determine
the standing of the future party, and may be to determine the standing of the future party, obtain
advance evidence, or exercise any precautionary measure.

INCIDENTS
The incidents in the new regulations have characteristics of accessory, continuity, orality, unlike
the current Code of Civil Procedure, they can be rejected in writing at a hearing, it is sanctioning to
avoid the use of this procedural figure frequently in order to delay the process .
The specialized incidents in the new norm, unlike the Code in force, must be presented with the
corresponding evidence and resolved in the same act and within the sanctions the costs have been
incorporated, being also subject to fines, costs or costs to the legal professionals. as long as the
recklessness in filing the incident raised is declared.
The incidents recognized by the New Code of Civil Procedure are: Accumulation, Excuse, Recusal
and Accountability

INNOVATIONS
Within the new civil adjective regulations we can name the following innovations which differ from
the current Code of Civil Procedure and are:
Contracts: The new civil procedural model already contemplates contracts by e-mail or other
electronic means, granting them legal validity
 Parties and procedural subjects: In civil trials, third parties will be recognized as parties to the
process
 Procedural activity: The diligence officers will carry out the notifications in the secretary, with
the burden being on the parties to attend for legal notification.
 Procedural deadlines: In accordance with the Judicial Branch Law, procedural deadlines are
included in business days and hours, that is, from Monday to Friday and from 8:00 am. to 6:30
p.m. This way, tedious notifications will be avoided and, in addition, there will be absolute
certainty about the day and time of presentation of actions subject to deadlines.
 Procedural nullities: Judges will not be able to annul sentences or civil proceedings just
because of the form, leaving aside the substance of the process itself.
 The test: The judge will seek the material truth and the truth of the facts that are the pillars of
the administration of justice
 Extraordinary means: Termination due to inactivity is introduced, that is, those lawsuits that
are left for a specific period, whether due to death, declaration of absence or presumed death
of one of the litigants, the civil lawsuit will be extinguished to prevent the processes from
lasting years or even decades.
 Resources: The terms of the civil process are reduced and will only be appealed to the
supreme court of justice according to its relevance

TRANSITORY DISPOSITIONS

When the New Civil Procedure Code comes into full force on August 6, 2015, in accordance with
the Transitional Provisions in its First Clause, it indicates that this new Civil Legislature will be
applicable to all processes presented from the date on. question.

However, processes that are ongoing or in process and are presented prior to the entry into force
of Law 439 will comply with several Transitional Provisions and these are points that must be
highlighted:

- In relation to what is established in the Fourth Clause of these Provisions, it indicates that
they will continue to be governed by the Code of Civil Procedure until its resolution in the
first instance, being known to the same authorities previously called Courts of Instruction
and Civil and Commercial Division until its resolution. execution of sentence in the so-
called new Public Courts. Regarding archived processes, they may be reactivated and put
into effect in the equivalent court following the legal course of transience.

- In accordance with what is established in relation to the processes in First Instance, they
will be subject to rules of passage of legislation depending on the types of processes such
as Knowledge, Executive and Coercive, Eviction, Contests and Injunctions, each having its
corresponding regulations; since the Voluntary Processes in process will be regulated only
by the Code of Civil Procedure, including Accountability.

- In processes that are being processed in Second Instance and Cassation, the new Civil
Code will be the corresponding rule, in accordance with Clause Six of the transitional
provisions.
 - Regarding the processes that are in the Judgment Execution Stage, those that have been
initiated will be governed by the Civil Procedure currently in force, however the actions
could be modified in relation to the New Code until the Judgment is complied with. In
processes that already had an Executory Sentence upon the full validity of Law 439, they
will be subject to this last provision.

- In relation to Precautionary Measures, if these were required in processes already

initiated, they will be governed by the Civil Procedure Code and if these were determined
by the judicial authority before said Code came into force, they will be governed by the
provisions of the previous Regulatory Body, but it may be request its review in accordance
with the New Code

- It should be noted that in the Tenth Clause of the Transitional Provisions, there is a
provision referring to the Termination due to Inactivity of old processes which will be
carried out ex officio by the Judge every 6 months, avoiding unnecessary procedural
burden in the Courts to make the processes viable. current procedure.

In relation to the processes themselves, in the Complementary Provisions the Law provides for the
constitution of a commission to prepare an implementation plan for the Code within 3 months
following its promulgation, which will include, among other complementary measures, a special
plan for decongestion of processes that includes an inventory of the same, classifying them by
specialty, type and thematic affinity, amount, date of distribution and status of the procedural
process, ensuring that it is processed quickly until reaching its final sentence.

COMPARISON OF
“NEW CIVIL PROCEDURE CODE AND THE OLD
BOLIVIAN CIVIL PROCEDURE CODE”
 PREVIOUS TEXT MODIFICATIONS INNOVATION
Old Bolivian Code of Civil Procedure New Bolivian Civil Procedure Difference depending on your
Code modification
Article 1 (Principles) 1.- Oral acts will surpass
1.- Oral process written ones in civil
With the implementation of proceedings.
the new Civil Procedure Code.

Art. 2.- (PROCESSAL IMPULSE) 2.- Procedural acts The “accessory intervention”,
Judges and courts will be in
In addition to the intervention that is, auxiliary officials of the
charge and responsible for the
necessary procedural impulse, in the process of the plaintiff, administration of justice,
so that the cases are not
the defendant and the judge, prosecutors who do not
paralyzed and are concluded
within the legal deadlines. the new civil procedural represent the State, among
legislation contemplates. others, may participate.
Art. 92.- (EDITIONING). 3.- Memorials 3.- Now the use of the word
YO. The parties' writings must be The new Code replaces “writings” for “memorials”.
written in Spanish. on a typewriter
or by hand in an easily legible form,
on sealed paper and with the legal
stamps.
II. They will indicate the judge or
court before which they are
directed, with the names of the
parties and the individualization of
the process.
III. They will have at the top, a sum
or summary of the request and at
the end the date of the writing.
IV. They will be signed by the
presenting party.
Art. 231.- (FILING AND LEGAL 4.- Procedural address 4.- It makes a series of
ADDRESS). In this regard, the new Civil contributions, including the
Once the file is received by the judge Procedure Code. opportunity to issue
or court of appeal, its filing will be notifications to the parties,
decreed, an action from which the through electronic means.
legal domicile of the parties will be
the secretariat of the court or
tribunal.
Art. 120 .- (PERSONAL CITATION). 5.- Citation 5.- Now in the Personal
YO . The summons with the claim Regarding its meaning and Summons, the only
and counterclaim will be served to purposes, there is no change. modification is that, once the
the party in person, delivering a In relation to the ways in counterclaim is presented, it
copy of the claim and ruling, which which it must be cited for will no longer be summoned
must be recorded in the respective certain acts, there are the personally but by document at
proceedings, indicating the place, following changes: the procedural address
date and time, signed by the indicated in the lawsuit.
summoned party and the official. II.
If the aforementioned person
refuses or ignores signing or is
unable to sign, it will be recorded in
the proceedings with the
intervention of a witness.
NOTIFICATIONS 6.- Notifications 6.- The use of electronic
Art. 133.- (GENERAL RULE). means is permitted to make
After the summons with the claim notifications.
and counterclaim. All judicial
actions must be immediately
notified to the parties at the court
clerk's office. For this purpose, any
interested parties acting in the
process will go to the secretariat at
least on Tuesdays and Fridays to be
notified of the actions that have
taken place; If these days are
holidays, they will attend the
following business day.
PROCEDURAL DEADLINES 7.- Procedural deadlines 7.- Now you can request a
Art. 139.- (CHARACTER). If the parties enter into a shortening of the procedural
YO. The legal or judicial deadlines common agreement. deadlines.
indicated in this Code to the parties
for carrying out procedural acts will
be peremptory and non-extendable,
unless otherwise provided.
II. When the law does not expressly
set a deadline, the judge will set it
based on the nature of the process
and the importance of the diligence.
Art. 102.- (GENERAL RULES). The 8.- Hearings 8.- If necessary, several
hearings, unless otherwise expressly They must be presided over by hearings will be set as close as
provided, will comply with the the judicial authority and possible.
following rules: under the principle of In the event of forced
1) They will be public. unless continuity. suspension of the hearing, a
otherwise provided for reasonable new day and time for its
reasons. resumption will be set ex
2) They will be indicated in advance officio in the same act.
of no less than three days. unless
urgent reasons require greater Furthermore, during the
brevity. hearing, everything that was
3) The notification will imply a done will be documented in a
warning to hold the hearing with summary report by the
any of the concurrent parties. secretary.
4) They will start at the appointed
time. Those mentioned will have to
wait only thirty minutes.
5) The secretary or actuary will
record the minutes making an
abbreviated account of what
happened and what was expressed
by the parties.
6) On the same day, the minutes
will be signed by the judge and the
secretary or actuary, no later than
within the following twenty-four
hours.

Art. 9.- (NULLITY). Resolutions 9.- Nullity 9.- Now for a procedural act to
issued in cases of suspension or loss In the new Code, a chapter be declared null, it must be
of jurisdiction of the judge will be related to nullity was created. expressly determined by law.
null and void.

Art. 330.- (DOCUMENTARY
EVIDENCE).
With the claim, counterclaim and
answer of both, the documentary
evidence that is in the possession of
the parties must be accompanied. If
they do not have it at their disposal,
they will individualize it, indicating
the content, place, file, and public
office or person in whose possession
it is found.
10.- Test 10.- Regarding those acts that
One of the additions made do not require proof, mention:
regarding evidence is in article
137. a) The facts admitted by the
adverse party, except for the
limitations established by law.
b) Notorious facts, known to
the general public, unless they
constitute the basis of the
claim and are not admitted by
the parties.

c) The obvious facts whose

existence is proven by itself.

d) The presumptions
established by law.

TITLE IV 11.- Judicial resolutions 11.- There are new deadlines

From judicial resolutions
Art. 187.- (PROVIDENCIAS).
YO. The rulings will only tend,
without substantiation, to the
development of the process and will
order acts of mere execution.
II. They will not require
substantiation or other formalities
Due to the implementation of
orality in civil matters
processes. The new Code
establishes.
to issue a sentence.
Now the judicial authority
must issue a ruling at the end
of the hearing (...).
 other than being expressed in
writing, indicating the date and
place, and the signature of the
weekly judge or magistrate. In the
oral proceedings, the rulings will be
recorded in the minutes.
Art. 181.- (CONCILIATION AS PRIOR 12.- Prior conciliation 12.- Mentions the cases that
DILIGENCE). Within the new Code, a are excluded from conciliation;
Whoever attempts conciliation chapter was created regarding which are:
before filing the lawsuit will go to conciliation and its obligation
the competent judge: between the parties. a) Those who are expressly
1) Expressing your reasons or claims prohibited by law.
and requesting the summons of the
defendant to reconcile differences. b) In bankruptcy proceedings.
2) The judge will order the
appearance of the defendant, c) When the defendant has its
indicating the day and time for the domicile in a departmental
hearing, which must take place jurisdiction other than the
within a maximum period of three place where the main lawsuit
days, with the presence of the will be filed or abroad, or
parties or their representatives with when its domicile is unknown.
special power, and may be assisted
by their lawyers. In total there are five cases in
3) The judge will urge the parties to which conciliation between
try to obtain total or partial the parties in conflict is not
conciliation of their differences. allowed.
4) If the parties reach a total
agreement, they will jointly sign the
conciliation record with the judge,
which will have the value of res
judicata. Its compliance may be
required in the execution process.
5) If there is only partial agreement,
it will be recorded in the conciliation
record, and the subsequent demand
will fall only on the unconciliated
points.
6) If there is no agreement, the
procedure will be concluded.
7) If any of the parties does not
appear, the proceedings will be
terminated, unless an impediment is
alleged, in which case a date and
time will be set for a new and final
hearing.
8) If the judge deems it appropriate,
he may postpone the hearing for
 three days, unless the parties agree
to another period, leaving a record.
The parties will appear at the new
hearing without the need for a
summons.
9) The secretary will prepare
detailed minutes of the hearing and
transcribe it in the book
of conciliations that will be in your
charge.

CONCLUSION

With the implementation of the new civil procedural legal body, it is the result of criteria
to obtain updated justice in accordance with new advances according to the professional
field, with equal conditions and, above all, agile justice with a sense of equity and
transparency.

In the new Civil Procedure Code, through orality and the formalization of the civil process,
the procedure will be simplified, being the most relevant of this entire process of legal
change, thus reducing judicial overload, avoiding procedural delay, making judicial actions
transparent through of the introduction of the oral system and finally achieve prompt,
effective and efficient justice.

Finally, we must take into account that all change necessarily has its own process; as is the
case of the criminal procedural norm that has been adapted according to its application.