Official Gazette No.

4,209 Extraordinary dated September 18, 1990

The Congress of the Republic of Venezuela

Decree

The next,

Code of Civil Procedure

Preliminary title

Fundamental Provisions
Article 1
Civil Jurisdiction, except for special provisions of the Law, is exercised by
ordinary Judges in accordance with the provisions of this Code. Judges have the
obligation to administer justice to both Venezuelans and foreigners, to the extent
that the laws determine their jurisdiction to hear the respective matter.

Article 2
Venezuelan jurisdiction cannot be conventionally repealed in favor of a foreign
jurisdiction or arbitrators who resolve abroad when it comes to disputes over real
estate located in the territory of the Republic or over other matters that concern
public order or good customs. In all other cases, the International Treaties and
Conventions signed by Venezuela will apply.

Article 3
Jurisdiction and competence are determined according to the factual situation
existing at the time of filing the claim and subsequent changes in said situation
have no effect on them, unless otherwise provided by law.

Article 4
Venezuelan jurisdiction is not excluded by the pending before a foreign Judge of
the same case or another related to it, except in the cases provided for in article
2.

Article 5
The jurisdiction may not be repealed by agreement of the parties, except in the
cases established in this Code and in special laws.

Article 6
If the jurisdiction of the Republic is interested or discussed, the decision will be
consulted with the Supreme Court of Justice in the Political-Administrative
Chamber and the procedure contemplated in articles 62 et seq. for the regulation
of jurisdiction will be followed.

Article 7
The procedural acts will be carried out in the manner provided for in this Code
and in the special laws. When the law does not establish the form for carrying
out an act, all those that the Judge considers suitable to achieve its purposes will
be admitted.

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Article 8
In cases of application of Private International Law, the Judges will first look at
the public treaties of Venezuela with the respective State, regarding the point in
question; In the absence of such treaties, they will apply what the laws of the
Republic provide on the matter or what emerges from the mind of the national
legislation; and lastly they will be governed by the generally accepted principles
of said Law.

Article 9. °
The procedural law will be applied from the moment it comes into force, even in
processes that are in progress; but in this case, the acts and facts that have
already fulfilled their procedural effects that have not yet been verified, will be
regulated by the previous law.

Article 10
Justice will be administered as briefly as possible. Consequently, when this
Code or the special laws do not set a deadline for issuing any order, the Judge
must do so within three days following the day in which the corresponding
request was made.

Article 11
In civil matters, the Judge cannot initiate the process unless requested by a
party, but may proceed ex officio when the law authorizes it, or when, in order to
protect public order or good customs, it is necessary to issue a legal ruling even
if it is not requested. the parts.

In non-contentious matters, in which a resolution is requested, the judges will act

with knowledge of the facts, and, to this end, they may demand that the
evidence be expanded on the points in which they find it deficient, and even
require other evidence that they judge. essential; all without the need for the
formalities of the trial. The resolution they dictate will always safeguard the rights
of third parties and will remain in force as long as the circumstances do not
change and its modification or revocation is not requested by the interested
party, in which case the Judge will also act with knowledge of the facts.

Article 12
The judges will have the truth as part of their actions, which they will try to know
within the limits of their office. In his decisions, the Judge must adhere to the
rules of law unless the Law empowers him to decide in accordance with equity.
He must adhere to what is alleged and proven in the record, without being able
to extract elements of conviction outside of these or make up for exceptions or
factual arguments not alleged or proven. The Judge can base his decision on
factual knowledge that is included in common experience. or maximums of
experience.

When interpreting contracts or acts that present obscurity, ambiguity or

deficiency, judges will adhere to the purpose and intention of the parties or
grantors, taking into account the requirements of the law, truth and good faith.

Article 13
The Judge will decide the merits of the case in accordance with equity, when the

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parties mutually request it and the controversy refers to available rights.

Article 14
The Judge is the director of the process and must promote it ex officio until its
conclusion unless the case is suspended for some legal reason. When it is
paralyzed, the Judge must set a term for its resumption that may not be less
than ten days after the parties or their representatives are notified.

Article 15
The Judges will guarantee the right of defense, and will maintain the parties in
the rights and powers common to them, without preference or inequalities and in
the exclusive rights of each one, they will maintain them respectively, as agreed
by law to the diverse condition that they have in mind. the trial, without allowing
or permitting themselves any excesses of any kind.

Article 16
To propose the claim, the plaintiff must have a current legal interest. In addition
to the cases provided for in the Law, interest may be limited to the mere
declaration of the existence or nonexistence of a right or a legal relationship. The
claim for mere declaration is not admissible when the plaintiff can obtain
complete satisfaction of his interest through a different action.

Article 17
The Judge must take, ex officio or at the request of a party, all necessary
measures established by law, aimed at preventing or resolving breaches of
loyalty and probity in the process, breaches of professional ethics, collusion and
procedural fraud, or any act contrary to the majesty of justice and the respect
due to litigants.

Article 18
Judicial officials are responsible under the law for the misdemeanors and crimes
they commit in the exercise of their duties.

Article 19
The Judge who decides to decide under the pretext of silence, contradiction or
deficiency of the law, of obscurity or ambiguity in its terms, and likewise,
whoever illegally delays issuing any ruling, will be punished as guilty of denial of
justice.

Article 20
When the current law, whose application is requested, conflicts with any
constitutional provision, the judges will apply it with preference.

Article 21
The Judges will comply with and enforce the sentences, orders and decrees
issued in the exercise of their legal powers, using public force, if necessary. For
the best performance of their functions, the other authorities of the Republic will
provide the Judges with all the collaboration they require.

Article 22
The special provisions and procedures of this Code will be observed with
preference to the general ones of the same, in everything that constitutes the

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specialty; without the general provisions applicable to the case being otherwise
observed.

Article 23
When the law says: "The Judge or Court can or will", it is understood that it
authorizes him to act according to his prudent discretion, consulting what is most
equitable or rational, in the interest of justice and impartiality.

Article 24
The proceedings will be public, but they will proceed behind closed doors when
the Court so determines, for reasons of public decency, according to the nature
of the case. In such case, neither the parties nor the third parties may publish
the acts that have been verified, nor give an account or relationship of them to
the public, under a fine of one thousand to five thousand bolivars, or arrest for up
to eight days, penalties that will be imposed by the Judge for each fault. The
study of files and requests, the conference that the judges have to sentence and
the writing of the ruling, will be done in private, without prejudice to the
publication of the sentences handed down.

Article 25
The acts of the Court and the parties will be made in writing. A separate file will
be formed for every matter with an order number, the date of its initiation, the
name of the parties and its purpose. The actions must be carried out in
chronological order, according to the date of their completion, and the page
number of the file will be kept up to date and in letters, being able to form
different pieces for easier handling, when necessary.

Article 26
Once the summons has been made to answer the complaint, the parties remain
legally bound, and there will be no need for a new summons for any other act of
the trial, unless the contrary results from some special provision of the law.

Article 27
Without prejudice to any annulments that may arise, the Supreme Court of
Justice and the Superior Courts will impose ex officio, as disciplinary penalties
and as demonstrated in the process, warnings and even fines that do not exceed
five thousand bolivars on the officials. who have intervened in it, due to material
errors that appear, such as omission of signatures, notes, safeguards and others
of the same kind. They may also, based on what results from the process, but
only at the request of the injured party, impose disciplinary fines on said officials
of up to eight thousand bolivars for those offenses that have resulted in
increasing the party's expenses or causing delays in the matter and They will
also impose them in cases where the law so orders.

In any other case of misconduct that entails civil liability, or in which the law
reserves the recourse of complaint to the party, they will refrain from any
condemnation of the offender, leaving the action of the interested parties safe.

The provisions of this article do not prevent the Judge who hears the case from
having the material faults he notices corrected and from using the legal power to
impose fines on witnesses, experts or other people.

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 Book first. General disposition

Title I. Of the judicial bodies

Chapter I. Judge

Section I. Of the jurisdiction of the judge for the matter and for the value of
the
demand

Article 28
Competence for the matter is determined by the nature of the issue being
discussed, and by the legal provisions that regulate it.

Article 29
The competition for the value of the claim is governed by the provisions of this
Code, and by the Organic Law of the Judiciary.

Article 30°
The value of the case, for the purposes of the competition, is determined based
on the demand, according to the following rules.

Article 31
To determine the value of the claim, the interest due, the expenses incurred in
collection and the estimate of damages prior to the presentation of the claim will
be added to the capital.

Article 32
If a claim is made for an amount that is part, but not the balance, of a larger
obligation, the value of the claim will be determined by the value of said
obligation, if it is disputed.

Article 33°
When a claim contains several points, the value of all of them will be added to
determine the value of the case, if they depend on the same title.

Article 34
When several people demand from one or more, in the same lawsuit, the
payment of the share that the plaintiffs have in the same credit, the value of the
case will be determined by the total sum of the parts claimed.

Article 35°
If periodic maintenance benefits are demanded, the value of the claim will be
determined by the amount of benefits claimed; but if the obligation is disputed,
its determination will be made by the sum of two annual payments.

When the payment of an income of any denomination is demanded, the value

will be determined by accumulating the annuities claimed, but if the title is
disputed, the value will be determined by accumulating ten annuities. This rule is
also applied to determine the value of causes relating to emphyteutic benefits.

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Article 36
In claims regarding the validity or continuation of a lease, the value will be
determined by accumulating the pensions over which the dispute is being
litigated and their accessories. If the contract is for an indefinite period, the value
will be determined by accumulating one year's pensions or royalties.

Article 37
In the cases of the two previous articles or in other similar ones, if the provision
must be made in kind, its value will be estimated by current market prices.

Article 38
When the value of the thing sued does not appear, but is appreciable in money,
the plaintiff will estimate it.

The defendant may reject said estimate when he considers it insufficient or

exaggerated, formulating his contradiction when answering the claim. The Judge
will decide on the estimate in the previous chapter in the final sentence.

When, by virtue of the determination made by the Judge in the sentence, the
case results in the amount of jurisdiction of a different Court, it will be the one
who will decide on the merits of the claim and the supervening incompetence of
the Judge before whom will not be a reason for reconsideration. the lawsuit was
originally proposed.

Article 39
For the purposes of the previous article, all demands are considered to be
appreciable in money, except those that have as their object the status and
capacity of the people.

Section II. Of competition for territory

Article 40
Claims relating to personal rights and those relating to real rights over movable
property will be proposed before the judicial authority of the place where the
defendant has his domicile, or in the absence of this, his residence. If the
defendant has no known domicile or residence, the lawsuit will be filed wherever
he is located.

Article 41
The lawsuits referred to in the previous article may also be proposed before the
judicial authority of the place where the obligation has been contracted or must
be executed, or where the movable object of the lawsuit is located, provided that
in the first and in the In the latter case, the defendant is in the same place.

However, for a movable thing that you have with you outside your home, you
may provide security to respond to it before the competent Court of your own
home, if it is the latter of said cases.

The titles of jurisdiction referred to in this article are concurrent with those of the
previous article, at the choice of the plaintiff.

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Article 42
Claims relating to real rights over real estate will be proposed before the judicial
authority of the place where the property is located, that of the defendant's
domicile, or that of the place where the contract was concluded, if the defendant
is located there, all at the discretion of the defendant. of the plaintiff.

When the property is located in the territory corresponding to two or more

jurisdictions, the claim may be filed before the judicial authority of any of them, at
the plaintiff's choice.

Article 43
The Courts of the place where the succession was opened are competent to
hear:

1º Of the demands regarding partition and division of the inheritance and any
other between co-heirs, until the division.

2º Of the demands for rescission of the partition already made, and for the
adjustment of the assigned quotas, as long as they are proposed within a two-
year period, counting from the partition.

3º Of the lawsuits against the executors, as long as they are attempted before
the division, and if this is not necessary, within a two-year period, starting from
the opening of the succession.

4º Of the demands of the legatees and creditors of the inheritance, if they are
proposed in the terms indicated in the preceding numbers.

When the succession has been opened outside the Republic, all these claims
may be proposed in the place where the majority of the existing assets are
located within the national territory, except for special provisions.

The jurisdiction established by this article does not exclude that of domicile, but if
there is more than one defendant, they must all have the same domicile so that
the claim can be proposed before the Court to which that domicile corresponds.

Article 44
The lawsuit between partners will be proposed before the judicial authority of the
place where the domicile of the company is located. Lawsuits between partners
will be proposed before the same judicial authority, even after the company has
been dissolved and liquidated, for the division and for the obligations arising
from it, as long as they are proposed within a two-year period, starting from the
division. This is without prejudice to the fact that the claim may be filed before
the Court of domicile in the terms expressed in the last section of article 43.

Article 45°
The demand for accountability of a guardianship or an administration will be
proposed before the judicial authority of the place where the guardianship or
administration has been conferred or exercised or before the Court of the
domicile of the plaintiff's choice. This without prejudice to what is established in
the last section of article 43.

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Article 46
When the obligor has renounced his domicile, he may be sued in the place
where he is found.

Article 47
The jurisdiction over the territory can be repealed by agreement of the parties, in
which case the claim may be proposed before the judicial authority of the place
that has been chosen as domicile. The repeal cannot be carried out in the case
of causes in which the Public Ministry must intervene, nor in any other case in
which the law expressly determines it.

Section III. Of the modifications of the competition due to

connection and continence

Article 48
In matters of guarantors or guarantee and in any accessory claim, the Court
where the main case is pending will hear.

Article 49
The lawsuit against several people who by domicile or residence should be sued
before different judicial authorities, may be proposed before the domicile or
residence of any of them, if there is a connection due to the object of the lawsuit
or the title or fact on which it depends, except special provisions.

Article 50°
When by virtue of the sole claims of the defendant, as in cases of opposing
compensation or attempting a counterclaim, the Court must decide on something
that, due to its value, corresponds to the knowledge of a Superior Court, the
latter will be competent to hear everything. the matter, even if the Court before
which it was proposed was to hear the claim alone.

Article 51
When a controversy has a connection with a case already pending before
another judicial authority, the decision will be the responsibility of the one that
has prevented it.

Citation determine prevention.

In the case of continence of causes, both controversies will be heard by the

Judge before whom the continent case is pending, to which the contained case
will be accumulated.

Article 52°
It will also be understood that there is a connection between several causes for
the purposes of the first part of the preceding article:

1º When there is identity of people and object, even if the title is different.

2º When there is identity of persons and title, even if the object is different.

3º When there is identity of title and object, even if the people are different.

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4º When the demands come from the same title, even if the people and the
object are different.

Section IV. Of international procedural jurisdiction

Article 53°
In addition to the general jurisdiction assigned by the previous Sections to the
Venezuelan Courts in lawsuits brought against people domiciled in the national
territory, the Courts of the Republic will have jurisdiction to hear lawsuits brought
against people not domiciled in the Republic, even if they are located. in its
territory:

1º If these are claims regarding assets located in the territory of the Republic.

2º If these are obligations arising from contracts or events verified in the territory
of the Republic or that must be executed therein.

3º When the parties expressly or tacitly submit to the jurisdiction of the Courts of
the Republic.

Article 54
If someone who does not have a domicile in the Republic is temporarily in its
territory, he or she may be sued before the respective Courts, not only in the
cases expressed in the preceding article, but also when the defendant has been
summoned personally in the territory of the Republic and in any case of claims
relating to personal rights in which execution may be required anywhere.

Article 55°
In the cases of the two preceding articles, the jurisdiction rules established in the
previous Sections will govern, as far as they are applicable, with the place where
the defendant is located as domicile or residence.

Article 56
When the contract has not been concluded in Venezuela, and the person does
not have a room, residence or chosen domicile in the Republic, nor is there an
established place for the execution of the contract, the claim relating to real or
personal rights over movable property will be proposed before the judicial
authority of the place where the actor has his domicile, residence or room and if
it concerns specific properties, before the Court of the place where these are
located.

Article 57°
The Venezuelan Courts will have jurisdiction to hear claims relating to the status
of persons or family relationships:

1º When Venezuelan Law is competent to govern the substance of the dispute.

2º When the parties expressly or tacitly submit to its jurisdiction, provided that
the case has an effective connection with the territory of the Republic.

Article 58
The Venezuelan Courts are competent to issue provisional measures of

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protection for people who are in the territory of the Republic, although they lack
jurisdiction to hear the merits of the dispute.

Section V. Of the lack of jurisdiction, of the incompetence and of the

lis pendens

Article 59
The lack of jurisdiction of the Judge with respect to the public administration will
be declared even ex officio, in any state and instance of the process.

The lack of jurisdiction of the Venezuelan Judge with respect to the foreign
Judge will be declared ex officio, in any state and instance of the process when it
comes to cases that involve real estate located abroad.

In any other case, as long as a ruling has not been issued on the merits of the
case in the first instance, lack of jurisdiction may only be declared at the request
of the party.

In any case, the Judge's ruling on jurisdiction will be consulted in the Supreme
Court of Justice, in the Political-Administrative Chamber in accordance with the
provisions of article 62.

Article 60°
Incompetence for the matter and for the territory in the cases provided for in the
last part of article 47, will still be declared ex officio, in any state and instance of
the process.

Incompetence for value can still be declared ex officio, at any time during the
trial in the first instance.

Incompetence over the territory, with the exception of the cases provided for in
the last part of article 47, can be opposed only as a preliminary matter, as
indicated in article 346.

Territorial incompetence will be considered not opposed if the Judge that the
party considers competent is not indicated. If the opposing party adheres to this
indication, the jurisdiction of the indicated Judge remains firm, and the files will
be passed to the competent Judge, before whom the procedure will continue on
the fifth day after receiving the files.

Article 61°
When the same case has been brought before two equally competent judicial
authorities, the Court that has subsequently summoned, at the request of the
party and even ex officio, at any stage and level of the case, will declare lis
pendens and order the filing of the file, remaining the cause is extinguished.

If identical cases have been filed before the same Court, the declaration of lis
pendens pronounced by it will produce the extinction of the case in which the
defendant has not been summoned or has been summoned later.

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 Section VI. Of the regulation of jurisdiction and competition

Article 62°
For the purposes of the consultation ordered in article 59, the Court will
immediately send the files to the Supreme Court of Justice, in the Political-
Administrative Chamber, suspending the process from the date of the decision.
The Court will proceed after receiving the proceedings, to decide the issue,
which it will do within ten days, with preference to any other matter.

Article 63°
The determination on jurisdiction will be issued without prior summons or
arguments, with the Court taking into account only what results from the
proceedings submitted.

Article 64°
The decision will be communicated ex officio to the Court where the case will be
heard.

Article 65°
The public administration that is not a party to the case, may request before the
Judge hearing it, as long as jurisdiction has not been affirmed by a judgment
passed in res judicata authority, to declare the lack of jurisdiction of the Judge,
based on the powers conferred by law to said administration, and will proceed in
accordance with the previous articles.

Article 66
The request for regulation of jurisdiction suspends the procedure until the
question of jurisdiction is decided.

Article 67
The interlocutory ruling in which the Judge declares his own jurisdiction, even in
the cases of articles 51 and 61, will only be challengeable through the request
for regulation of jurisdiction, in accordance with the provisions of this Section.

Article 68
The final ruling in which the Judge declares his own jurisdiction and also
resolves on the merits of the case, may be challenged by the parties regarding
jurisdiction, through a request for its regulation or with an ordinary appeal. In the
latter case, the appellant must express whether his appeal includes both
pronouncements or only the substantive one.

The request for regulation of competition suspends the appeal period until the
receipt of the Official Letter provided for in article 75.

If the regulation of the competition is requested by the other party after the
appeal, the process is suspended until the regulation of the competition is
resolved, without prejudice to the measures that the Judge can take in
accordance with the last part of article 71. .

Article 69
The ruling in which the Judge declares himself incompetent, even in the cases of
articles 51 and 61, will remain final if the parties do not request the regulation of

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jurisdiction within a period of five days after the ruling, except as indicated. in the
following article for cases of incompetence due to the subject matter or the
territorial jurisdiction provided for in article 47. Once the sentence has become
final, the case will continue its course before the Judge declared competent,
within the period indicated in article 75.

Article 70°
When the ruling declares the incompetence of the Judge who issued the
judgment, due to the subject matter or the territory in the cases indicated in
article 47, if the Judge or Court that is to replace him is considered incompetent,
he will request ex officio regulation. of the competition.

Article 71°
The request for regulation of competition will be proposed before the Judge who
has ruled on competition, even in the cases of articles 51 and 61, expressing the
reasons or foundations that are alleged. The Judge will immediately send a copy
of the request to the Superior Court of the District to decide the regulation. In the
cases of article 70, said copy will be sent to the Supreme Court of Justice if there
is no Superior Court common to both judges in the District. The same will apply
when incompetence is declared by a Superior Court.

Except as provided in the last part of article 68, or if it is requested as a means

of challenging the decision referred to in article 349, the request for competition
regulation will not suspend the course of the process and the Judge may order
the execution of any substantiation acts and preventive measures, but will refrain
from deciding the merits of the case until the ruling regulating jurisdiction is
issued.

Article 72°
The parties may present to the Court that must decide on the regulation of
competition, the measures that they deem relevant on the point of jurisdiction,
but in no case will the failure to present said measures paralyze the course of
the competition regulation procedure. nor the decision thereof.

Article 73°
The Court to whom it corresponds will proceed after receiving the Judge's
actions, to decide on jurisdiction, which it will do within ten days, with preference
to any other matter.

Article 74
The decision will be pronounced without prior summons or arguments, adhering
only to what results from the actions sent by the Court and those presented by
the parties, unless some essential data is missing to decide, in which case the
Court that must decide may require them. , suspending the decision in the
meantime.

Article 75°
The decision will be communicated by official letter to the Court where the
competition regulation has arisen. If the decision declares the incompetence of
the Judge who had been hearing the case, he or she will immediately pass the
files to the Judge or Court declared competent, in which the course of the trial

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will continue on the third day following receipt of the file.

Article 76°
The party that has promoted the regulation of jurisdiction or competition that is
manifestly unfounded will be sentenced, by the Court that decides, to pay a fine
that will not be less than one thousand bolivars nor more than five thousand. The
same penalty will be incurred by the Judge who has failed to timely send the
pertinent actions to the Court that must decide, without prejudice to being urged
to comply with such duty by the Court called to regulate jurisdiction.

Section VII. From the accumulation

Article 77
The plaintiff may accumulate in the libel any claims he has against the
defendant, even if they arise from different titles.

Article 78
Claims that are mutually exclusive or contrary to each other cannot be
accumulated in the same libel; nor those that due to the matter do not
correspond to the knowledge of the same Court; nor those whose procedures
are incompatible with each other.

However, two or more incompatible claims may be accumulated in the same

libel so that one may be resolved as a subsidiary of the other as long as their
respective procedures are not incompatible with each other.

Article 79
In the cases of articles 48 and 51, the declaration of accessory, connection, or
continence having become final, the cases will be accumulated and followed in a
single process before the Judge declared competent, and the course of the case
will be suspended. that is more advanced until the other is in the same state,
ending them with the same sentence.

Article 80°
If the same court hears both cases, the consolidation may be agreed upon at the
request of the party, with examination of both files, within a period of five days
from the request. The decision issued will be challengeable through a request for
competition regulation.

Article 81
The accumulation of cars or processes is not applicable:

1º When the processes are not in the same instance.

2º In the case of processes that take place in ordinary civil or commercial courts
to other processes that take place in special courts.

3º When dealing with matters that have incompatible procedures.

4º When in one of the processes that must be accumulated the period for
promoting evidence has expired.

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5º When the parties were not summoned to answer the claim in both processes.

Section VIII. Of the recusal and inhibition of judicial officials

Article 82°
Judicial officials, whether ordinary, accidental or special, even in matters of
voluntary jurisdiction, may be challenged for any of the following reasons:

1º By blood relationship with any of the parties, in any degree in the straight line,
and in the collateral up to the fourth degree inclusive; or affinity up to the second,
also inclusive. The challenge is also appropriate because the spouse of the
challenged person is the attorney-in-fact or assistant of one of the parties.

2º By affinity relationship of the spouse of the challenged person with any of the
parties, within the second degree, if the spouse lives and is not divorced or
separated, or if, having died or the divorce or separation of bodies has been
declared, there are children of him with the accused.

3º By affinity relationship of the challenged person with the spouse of any of the
parties, up to the second degree inclusive, in case the spouse who causes the
affinity is living without being divorced or separated, or in case there are children
of the same with the part even if the spouse has died or is divorced or
separated.

4º Because the challenged person, his spouse or any of his blood relatives or
relatives, within the indicated degrees, have a direct interest in the lawsuit.

5º Because there is an identical issue that must be decided in another lawsuit in

which the same people indicated in the previous number have an interest.

6º If the challenged person or his or her spouse are overdue debtors of any of
the litigants or their spouse.

7º If the challenged person or his or her spouse and children have a lawsuit
pending before the Court in which the litigant is the Judge.

8º If in the preceding five years a criminal trial has taken place between one of
the same people and one of the litigants, their spouse or children.

9º Because the challenged person has given a recommendation, or lent his

sponsorship in favor of one of the litigants, regarding the lawsuit in which he is
challenged.

10. Due to the existence of a civil suit between the challenged person or one of
his relatives within the indicated degrees, and the recusant, if it has been started
before the instance in which the challenge occurs, and if twelve months have not
elapsed from the end of the suit between the same.

11. For being the challenged dependent, commensal, guardian or curator,

presumed heir or donee, of any of the litigants.

12. Because the challenged person has a partnership of interests, or intimate

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friendship, with one of the litigants.

13. Because the recused person has received, from any of them, important
services that demonstrate his gratitude.

14. For being the challenged administrator of any public or private

establishment directly related to the lawsuit.

15. Because the challenged has expressed his opinion on the main content of
the lawsuit or on the pending incident, before the corresponding sentence,
provided that the challenged is the Judge of the case.

16. For having been the challenged witness or expert in the lawsuit, provided
that he is a Judge in it.

17. For having attempted a complaint against the Judge that has been
admitted, even if he has been acquitted, as long as twelve months have not
passed since the final determination was issued.

18. Due to enmity between the challenged person and any of the litigants,
demonstrated by facts that, when properly assessed, make the impartiality of the
challenged party suspect.

19. For aggression, insult or threats between the accused and any of the
litigants, occurring within the twelve months preceding the lawsuit.

20. For insults or threats made by the accused or any of the litigants, even after
the lawsuit has begun.

21. Because the challenged person received a gift from one of the litigants,
after the lawsuit began.

22. Because an ascendant, descendant or brother of the challenged person has

failed in the case.

Article 83°
There is no room for recusal because one of the expressed causes exists,
between the judicial official on the one hand, and on the other the guardian,
curator, attorney or assistant of any of the litigants, or the members, heads or
administrators of establishments, companies. or corporations that are parties to
the trial, unless it concerns causes 1, 2, 3, 4, 12 and 18.

Those who are included with the Judge in any of the causes expressed in article
82, which have been previously declared to exist in another trial, which will be
indicated by the Judge in its pronouncement, ex officio or at the request of a
party.

When in the place where the trial takes place there is only one Court competent
to hear the matter, the representation or assistance of the party by the lawyer
included with the Judge in any of the causes provided for in Article 82, already
declared existing previously in another trial before the same Court, it will only be
admitted if the attorney or assistant appears to represent or assist the party

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before the response to the complaint.

Article 84
The judicial official who knows that there is some cause for challenge in his
person is obliged to declare it, without waiting for him to be challenged, so that
the parties, within the following two days, express their agreement or
contradiction to what follows. the disabled person acting.

If it appears from the file that the official was aware of said cause, and that,
however, he or she has delayed the respective declaration, giving rise to acts
that burden the party, the latter will have the right to ask the Superior to impose
a fine, which may reach up to a thousand bolivars.

The declaration referred to in this article will be made in a record in which the
circumstances of time, place and others of the fact or facts that are the reason
for the impediment are expressed; In addition, the party against whom the
impediment is acting must express.

Article 85°
The judge or other impeded official may continue in his or her duties, if the
parties or the person against whom the impediment works agree, except if the
impediment is the spouse, ascendant, descendant or brother of one of the
parties, or the have a direct interest in the lawsuit, the challenged being a Judge
or Deputy Judge.

Attorneys will not need special authorization to give their consent in this case.

Article 86°
The party or his representative must express his consent, signing it before the
Secretary of the Court, within two days following the day on which the
impediment is manifested. After this period they will not be able to search the
disabled person.

Article 87°
If the raided official does not state on the same day, or on the following day, that
he is not willing to continue knowing, he will be obliged to continue performing
his duties, unless it is the impediment of those that according to article 85 do not
allow the disabled person the power to continue knowing by virtue of the search.

Article 88
The Judge who is responsible for hearing the inhibition will declare it valid if it is
made in the legal manner and based on any of the causes established by law.

Otherwise, it will be declared void and the inhibited Judge will continue hearing.

The provisions of this article safeguard the right of recusal that the parties can
use.

Article 89
In cases of inhibition, the decision of the incident will be made by the officials
indicated in the Organic Law of the Judiciary, who will issue the resolution within
three days following receipt of the proceedings.

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Article 90°
The recusal of the Judges and Secretaries may only be attempted, under
penalty of expiration, before the response to the claim, but if the reason for the
recusal arises after this, or if it concerns the impediments provided for in article
85, the recusal may be proposed until the day on which the evidentiary period
ends.

If once the evidentiary period has expired, another Judge or Secretary

intervenes in the case, the parties may challenge them for any legal reason,
within three days following their acceptance.

When there is no evidentiary period in accordance with article 389 of this Code,
the challenge of Judges and Secretaries may be proposed within the first five
days of the period provided for the reporting act in article 391.

Associates, bailiffs, commissioned judges, advisors, experts, pilots, interpreters

and other occasional officials may be challenged within three days following their
appointment, in the case of commissioned judges, or acceptance, in the case of
others. indicated officials, unless special provision is made.

Once the challenge of secretaries, bailiffs, associates, commissioned judges,

experts, pilots, interpreters and other occasional or auxiliary officials is proposed,
the official who must decide the incident will hear, within a period of three days
following the challenge, the observations they wish to make. the parties and if
any of them request it, he will open an evidentiary articulation for eight days and
will decide within the following three days, if he tries to challenge associates,
practical experts, interpreters or other occasional or auxiliary officials declared
admissible, the Judge will set new day and time for the election of the substitute.

Article 91°
None of the parties may attempt more than two challenges in the same instance,
whether they concern the main issue or some incident; nor challenge officials
who are not currently involved in the case or the incident; but in any case the
party will have the power to accuse whoever intervened with knowledge of the
legitimate impediment. For the purposes of this article, a challenge will be
understood as one that does not require more than a single period of evidence,
even if it involves several officials.

Article 92°
The challenge will be proposed by diligence before the Judge, stating the
reasons for it.

If the challenge is based on a reason that makes it admissible, the challenged

person, on the following day, will report to the Secretary of the Court, indicating
what is convenient to ascertain the truth.

If the challenged person is the same Judge, he will issue his report following the
challenge proceedings, immediately or on the following day.

Article 93°
Neither the challenge nor the inhibition will stop the course of the case, whose
knowledge will immediately pass while the incident is decided, to another Court

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of the same category, if there is one in the locality, and in the absence of this, to
whoever must replace it in accordance with the law. If the challenge or inhibition
is declared valid, the substitute will continue to hear about the process, and if
not, the proceedings will be passed on to the person who is inhibited or
challenged.

Article 94°
When the person who has expressed the impediment is cleared, the incidence
will cease as soon as he expresses his will to continue knowing, or as long as,
according to the law, that will is presumed.

Article 95°
The official indicated in the Organic Law of the Judiciary will be aware of the
incidence of recusal, to whom a copy of the relevant minutes indicated by the
recusant and the challenged or inhibited official will be sent.

Article 96 °
The official whose responsibility it is to hear about the incident will admit the
evidence that the challenger, the challenged party or the opposing party wants to
present within the following eight days, which will run from the date he receives
the proceedings and will sentence the ninth, without admitting a limit of distance;
But if they waive that term, and the Judge does not deem it appropriate to order
any evidence to be evacuated ex officio within said term, a ruling will be issued
within twenty-four hours after receiving the proceedings. The same will be done
if the point is purely legal. The challenged Judge cannot be forced to answer
positions; but reports may be required; which will be extended in writing, without
the need to appear before the person who knows about the challenge.

Article 97°
The day following the day on which the records are received by the Court that is
to continue hearing, the case will continue its course in the state in which it is
located, without the need for a ruling.

Article 98°
Once the recusal is declared invalid or inadmissible or the recusant has
withdrawn from it, he or she will pay a fine of two thousand bolivars if the cause
of the recusal is not criminal, and four thousand bolivars if it is.

The fine will be paid within three days to the Court where the challenge was
attempted, which will act as agent of the National Treasury for its entry into the
National Treasury. If the recusant does not pay the fine within three days, he will
suffer an arrest of fifteen days in the first case and thirty days in the second.

If the cause of the challenge is criminal, the challenged person will have the
corresponding criminal action against the person who proposed it, who may also
incur the costs incurred by the other party.

Article 99
The challenged official who wants to use said action against the recusant must
refrain, in any case, from continuing to intervene in the matter.

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Article 100°
If the party suffers the arrest referred to in article 98 due to the fault or
negligence of his attorney in not promptly communicating the fine imposed by
the Court, he may claim compensation for damages.

Article 101
No appeal will be heard against the orders or sentences issued in the incidence
of recusal and inhibition.

Article 102
The following are inadmissible: the challenge that is attempted without
expressing legal reasons for it; the one attempted outside the legal term, and the
one attempted after having proposed two in the same instance, or without paying
the fine, or without suffering arrest incurred for a previous challenge, according
to article 98.

Article 103°
Neither recusal nor inhibition has any effect on previous acts.

Chapter [Link] the secretary and the bailiff

Article 104°
The Secretary will act with the Judge and will sign all acts, resolutions and
sentences with him.

The Secretary will also sign with the Judge the acts of response, recusal,
declarations, acceptances, expert opinions and others that the parties or third
parties called by law must attend.

Article 105°
The Secretary will write the acts of the Court in the file, under the dictate or
instructions of the Judge. However, the carrying out of these proceedings may
be entrusted to the clerks who depend on the Court.

Article 106°
The Secretary will sign with the parties the procedures that they formulate in the
case file and will immediately report them to the Judge.

Article 107°
The Secretary will receive the writings and documents presented by the parties,
add them to the file of the respective case, affixing his signature, the date of
presentation and the time, and will immediately report to the Judge.

Article 108°
The Secretary will have under his immediate custody the Seal of the Court, the
Archive and the files of the cases and will ensure that they preserve the
chronological order of the proceedings and keep the pages in letters and up to
date, refraining from signing the proceedings or writings that Do not keep the
chronological order mentioned.

Article 109
Any amendment, even if it is of foliature, test words and any interlineation, must

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be made by the Secretary, under the fine of two hundred bolivars for each
infraction of this nature. Defects of this kind that are noted in the writings
presented by the parties will prevent their admission, if they are not corrected by
the party itself, which the Secretary will record in the presentation note. Those
observed in private writings or instruments, recognized or not, and in public
instruments, will also be recorded by the Secretary upon receiving them. These
defects in private instruments that have not been signed by the party presenting
them do not prevent the party concerned from requesting their recognition by the
person whom they are harmed.

Article 110°
The Secretary must provide the parties, when they request it, with the file of the
case to prevail on any request made or order issued, and must reserve only the
writings of promotion of evidence, but only until the day following the day on
which the period expires. promotional. The Secretary has the same obligation
with respect to third parties or strangers to the case, unless it has been ordered
to be reserved for reasons of public decency. If those interested in a process
request at the same time that they be allowed to examine the file or take notes,
the Secretary will distribute the time allocated for this purpose in proportion.

Article 111°
The certified copies issued by the Secretary in accordance with the provisions of
the following article are authentic, except that the interested party has the right to
demand that they be compared with the original.

Article 112°
After a case has concluded, the Secretary will issue certifications or copies of
any actions that exist in it, to whoever requests it, at his or her expense, except
for those that are reserved for public decency, of which testimony may not be
given except to the parties. . In any case, a certified copy of any document or
record that exists in the case is requested, it will be given to whoever requests it,
provided that he or she is or has been a party to the trial. If the return of original
documents is requested by the same party that produced them, they will be
delivered, if the opportunity for their blemish or ignorance has passed, leaving
the respective copy certified by the Secretary on record, and the document will
record. of the return.

The copies and returns referred to in this article cannot be given without a prior
decree of the Judge, which will be inserted at the bottom of the copy or returned
document.

Article 113°
The Secretary will keep the Court Diary book, in which he will record, without
leaving blank spaces, in clear, priced and laconic terms the actions carried out
each day in the matters in progress. The entries in the Journal will be signed by
the Judge and the Secretary at the end of each day, and attest to the mentions
they contain, unless proven otherwise.

Article 114°
The Secretary will have the other powers and duties imposed by this Code and
the laws.

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Article 115°
Without prejudice to the provisions of article 345, the Sheriff will issue
summonses and notifications in the terms and forms established in this Code,
except those that are expressly attributed to the Judge or the Secretary.

Article 116°
The Sheriff is the guardian of order within the premises of the Court, and
executes the orders that the Judge or the Secretary communicates to him in the
use of his powers.

Article 117°
The Sheriff will have the other powers and duties imposed by this Code and the
laws.

Chapter III. Of the associates and rapporteurs

Article 118°
Every party has the right to have the Court of the case constituted with
associates, in all instances of the trials whose jurisdiction corresponds to the
Courts of First Instance, to issue the final sentence. To this end, any of the
parties may request, within five days following the conclusion of the evidentiary
period in the Court of the case, or the arrival of the file in the Superior Court, that
two associates be chosen so that, together with the Judge or the the Court form
the Tribunal.

Article 119
Once the election of associates is requested, the Judge or the Court will set a
time on the third following day to proceed with the election.

Article 120°
At the set time, the parties will attend, and each of them will enter in the file a list
of three people who meet the conditions established by law to be Judge of the
Court that is going to sentence, and each of those presented must be presented,
at the bottom. from the list, your willingness to accept.

From each list one will choose the opposite party.

If any of the parties does not attend the event, the Tribunal or the Court will take
their place in the formation of the shortlist and election of the associate.

If both parties do not attend the event, the Court will declare it void and the case
will continue its legal course without associates.

Article 121°
If there are several plaintiffs or defendants, the list provided by the respective
group will state that the shortlist was chosen by common agreement, by the
majority, or by chance in the absence of the latter. In the act, the person chosen
by one of these three means will express himself, so that he can make the
election of the opposite list.

In any case of failure to comply with the provisions of this article, the Tribunal or
the Court will form the list and make the election of the other party.

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Article 122°
If there are more than two parties, those who have similar rights will form the
group that must do what is stated in the previous article.

If there are contrary or dissimilar rights, each of the different groups will form
their shortlist in the manner established, and the Judge will select ballots with the
names of all of those shortlists, and by lot will draw three that will make up the
list from which You have to choose the opposite party; and by chance the
designation of the opposite list will also be made.

Also in these cases, the Tribunal or the Court will compensate, in the
aforementioned manner, for the faults of any group.

Article 123°
.- The party that has requested the constitution of the Court with associates, will
submit the fees of the associates, within five days following the election, and if it
does not do so, the case will continue its legal course without associates.

Article 124°
If the named associates or any of them die or are absent for any other reason,
their absence will be filled in the same way as they were named.

Article 125°
In single-person Courts, the Judge may request from the competent authority the
temporary or permanent appointment of one or more Rapporteurs, who will
provide the Judge with the collaboration that he determines in the substantiation
and study of the causes and incidents that said official entrusts to them.

Article 126°
The Rapporteurs may be challenged by the parties for the reasons indicated in
article 82 and within the deadlines established in article 90.

Article 127°
The Judge of the case is aware of the Rapporteur's challenge. The recusal of
the Rapporteur does not paralyze the course of the case, but the challenged
person will not be able to intervene in it once the recusal is proposed.

Article 128°
Once the Rapporteur's challenge is declared valid, the Natural Judge will carry
out the functions that were entrusted to the challenged person in the case.

Title II. From the Public Ministry

Article 129°
In the civil process, the Public Ministry intervenes as a party in good faith in the
cases permitted by this Code, by the Civil Code, by the Organic Law of the
Public Ministry and by other special laws, in protection of the provisions of public
order or of good manners.

Article 130°
The Public Ministry may propose the lawsuit in cases related to the opposition
and annulment of marriage, interdiction and disqualification in the same cases

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and terms established in the Civil Code for the Municipal Attorney General and
in any other causes authorized by law.

Article 131°
The Public Ministry must intervene:

1º In the causes that he himself could have promoted.

2º In divorce cases and in contentious separation of bodies.

3º In cases related to the rectification of acts of civil status and filiation.

4º In the instrument check.

5º In other cases provided for by law.

Article 132°
The Judge before whom one of the trials indicated in the previous article is
initiated, upon admitting the claim, will immediately notify the Public Prosecutor's
Office by means of a ticket, under penalty of nullity of the action without having
complied with said notification. The notification from the Public Ministry will be
prior to any other action, and a certified copy of the demand will be attached to
the ballot.

Article 133°
The Public Ministry that intervenes in the cases that it itself could have
promoted, has the same powers and faculties as the interested parties and
exercises them in the forms and terms that the law establishes for the latter.

In the cases of the 3rd, 4th, and 5th ordinals of article 131, the Public
Prosecutor's Office can only promote documentary evidence. In the cases
indicated in Ordinal 2 of the same article, no evidence may be promoted.
However, both in this case, as in the others of article 131, the Public
Prosecutor's Office may intervene in the evacuation of the evidence presented
by the parties within the limits of what is alleged and proven in the record, but it
cannot file an appeal or any another appeal against the decisions issued.

Article 134°
The provisions relating to the inhibition of Judges apply to Public Ministry
officials who intervene in civil proceedings, but not those relating to recusal.

Article 135°
The provisions on the responsibility of the Judge are applicable with respect to
officials of the Public Ministry who intervene in the civil process, when in the
performance of their functions they have incurred fraud, fraud or concussion.

Title III. Of the parties and the representatives

Chapter I. Of the parts

Article 136°
Persons who have the free exercise of their rights, which they can manage by

Bolivarian Republic of Venezuela

themselves or through representatives, are capable of acting in court, except for
the limitations established by law.

Article 137°
People who do not have the free exercise of their rights must be represented or
assisted in court, according to the laws that regulate their status or capacity.

Article 138°
Legal entities will be sued through their representatives according to the law,
their statutes or their contracts. If there are several people vested with
representation in court, the summons may be made to the person of any of
them.

Article 139
Irregular societies, associations and committees that do not have legal
personality will be sued by the people who act for them or to whom the
associates or components have conferred representation or direction. In any
case, those who have acted in the name and on behalf of the company,
association or committee are personally and jointly responsible for the acts
carried out.

Article 140°
Outside of the cases provided for by law, a third party's right cannot be asserted
in court, in one's own name.

Article 141°
If the party becomes incapacitated during the course of the trial, the case will be
suspended while the person to whom representation has fallen is summoned.

Procedural acts subsequent to the declaration of incapacity will be void. The

previous acts will be voidable if it is evident that the cause of incapacity existed
at the time of carrying out said acts, or whenever the nature of the act, the
damage that results or may result from it, to the incapacitated person, or any
other circumstance, demonstrates the bad faith of the party favored by the act.

Article 142°
If during the course of the trial a party who was not competent becomes
competent, the procedure will be followed with itself, but the acts carried out
before the appearance of the party will be valid, without prejudice to the claims
that the party may have against its representative. former.

Article 143°
In the absence of the person to whom the representation corresponds, or if he or
she has an interest contrary to that which must be asserted in the process, and
there are urgent reasons, the incapacitated person may be appointed a special
guardian to represent him or her.

Article 144°
The death of the party as soon as it is recorded in the file will suspend the
course of the case while the heirs are summoned.

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Article 145°
The transfer made by any of the litigants, by inter vivos act, of the rights that are
granted to someone who is not a party to the case, after the act of answering the
claim and until a definitively final judgment is issued, has no effect except
between the assignor and the assignee, except with the consent of the other
litigant.

If the private transfer of the rights being aired occurs due to death, the case will
be suspended from the moment it is recorded in the file, until the successor is
summoned in a private capacity, who will become a party to the case. .

Article 146°
Several people may sue or be sued jointly as joint litigation:

a) Provided that they are in a state of legal community with respect to the object
of the case;

b) When they have a right or are subject to an obligation that derives from the
same title;

c) In cases 1, 2 and 3 of article 52.

Article 147°
The litigants will be considered in their relations with the opposing party, and as
long as nothing else results from the provisions of the law, as different litigants,
so that the acts of each litigant do not benefit or harm the others.

Article 148°
When the disputed legal relationship must be resolved in a uniform manner for
all the joint litigation partners, or when the joint litigation is necessary for any
other reason, the effects of the acts carried out by the appearing parties will be
extended to the consummated litigation partners in some term or who have left
some period passes.

Article 149°
The right to initiate the procedure corresponds to all the consorting parties;
When one of them summons the opposing party for any action, he must also
summon his co-litigants.

Chapter II. Of the representatives

Article 150°
When the parties manage the civil process through representatives, they must
be empowered with a mandate or power.

Article 151°
The power for judicial acts must be granted publicly or authentically. If the
grantor does not know how or cannot sign, a third party will do so for him, this
circumstance being expressed in the power of attorney. A simply recognized
power of attorney will not be valid, even if it is registered later.

Bolivarian Republic of Venezuela

Article 152°
The power may also be granted in the minutes, for the trial contained in the
corresponding file, before the Secretary of the Court, who will sign the minutes
together with the grantor and certify their identity.

Article 153°
The power is presumed granted for all ordinary or extraordinary instances and
resources.

Article 154°
The power of attorney empowers the agent to carry out all acts of the process
that are not expressly reserved by law to the party itself; But to agree to the
demand, desist, compromise, compromise with arbitrators, request a decision
according to equity, make bids in auctions, receive amounts of money and
dispose of the right in dispute, express authority is required.

Article 155°
If the power is granted in the name of another natural or legal person, or is
substituted by the agent, the grantor must state in the power of attorney and
show the official the authentic documents, gazettes, books or records that prove
the representation exercised. The official who authorizes the act will record in
the respective note, the documents, gazettes, books or records that have been
shown to him, with an expression of their dates, origin or provenance and other
data that helps to identify them, without advancing any assessment or
questioning. legal of the same.

Article 156°
If the party requests the exhibition of the documents, gazettes, books or records
mentioned in the power of attorney, the agent must exhibit them for examination
by the interested party and the Court, at the time established for this purpose. In
said act, the interested party will make the observations that it deems pertinent
to the Court and the Court will decide within three days on the effectiveness of
the power. The applicant's failure to attend the examination of the excluded
documents will render the power of attorney valid and effective, and the failure to
produce the required documents will be rejected, and the Judge will record it in
the respective minutes.

Article 157°
If the power of attorney has been granted in a foreign country that has signed
the Protocol on uniformity of the Legal Regime of Powers and the Inter-American
Convention on the Legal Regime of Powers to be used abroad, you must
complete the formalities established in said instruments, otherwise, It must have
the formalities established in the laws of the country of its granting. In both
cases, the power must be legalized by a local magistrate or by another
competent public official, and by the consular official of Venezuela, or in his
absence, by that of a friendly nation. If it has been granted in a foreign language,
it will be translated into Spanish by a Public Interpreter in Venezuela.

The power of attorney may also be granted before an agent of the foreign
service of the Republic in the country of granting, subject to the formalities
established in this Code.

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Article 158°
The lawyer to whom a judicial power is conferred will not be obliged to accept it;
But if you do not accept it, you must immediately notify the principal by the
fastest means.

Even if the agent does not express acceptance of the power, it will be presumed
by law that he accepts it from the moment he appears with it in court.

Article 159°
The agent who has accepted the mandate may substitute it with the person
designated by the principal or designated, and in the absence of designation,
with a capable and solvent attorney, if the power of attorney has authorized him
to substitute. If nothing has been said about substitution in the power of attorney,
the attorney may also substitute a lawyer of recognized aptitude and solvency,
when for any reason he does not want to or cannot continue exercising it.

If the power of attorney has prohibited substituting, you will not be able to do so;
But in the event of illness, forced removal, sending the case to a court in another
location, or for any other serious reason that prevents you from continuing to
exercise it, you must notify the principal immediately, by the fastest means, so
that he or she can provide what is appropriate.

If the prohibition has been made by private instruction or instrument, the

substituent will be responsible for the damage that the substitution causes to his
client.

Article 160°
The substitute may substitute, following what the power and rules established in
the preceding article determine in this regard.

Article 161°
Substitutions can be special, even when the power is general.

Article 162°
Substitutions of powers and substitutions of substitutions must be carried out
with the same formalities as the granting of powers.

Article 163°
Regarding the substitution, the representatives and substitutes will be subject to
the responsibilities established by the Civil Code for agents.

Article 164°
Both the agent and the substitute are subject, in terms of their powers, to the
provisions of the Civil Code on mandate.

Article 165°
The representation of the representatives and substitutes ceases:

1st. For the revocation of the power, as long as it is introduced at any stage of
the trial, even when the party or another attorney for the party does not appear.
The substitute will not be deemed revoked if this is not expressed in the
revocation.

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2nd. Due to the resignation of the attorney-in-fact or that of the substitute; but
the waiver will not take effect with respect to the other parties, unless the
notification of it to the principal is recorded in the file.

3rd. Due to the death, interdiction, bankruptcy or transfer of assets of the

principal or the agent or substitute.

4th. Due to the assignment or transmission to another person of the rights

deduced by the litigant, or due to the expiration of the personality with which he
or she acted.

5th. By the presentation of another attorney for the same trial, unless otherwise
stated.

The mere personal appearance of the party at the trial will not cause the
revocation of the power of attorney or the substitution, unless otherwise stated.

Article 166°
Only those who are practicing lawyers may exercise powers in court, in
accordance with the provisions of the Lawyers Law.

Article 167°
At any stage of the trial, the attorney or assistant attorney may estimate their
fees and demand payment in accordance with the provisions of the Lawyers
Law.

Article 168°
The following may appear in court as actors without power: The heir for his co-
heir, in cases arising from the inheritance, and the commoner for his co-owner,
in relation to the community.

For the defendant party, anyone who meets the necessary qualities to be a
judicial representative may also appear without power of attorney; but will be
subject to observing the pertinent provisions established in the Lawyers Law.

Article 169°
The representatives who are representatives by virtue of the law, and their
attorneys, are subject in their efforts in the process to the provisions of the Civil
Code and the Commercial Code regarding powers, duties and formalities.

Chapter III. Of the duties of the parties and of the representatives

Article 170°
The parties, their attorneys and assistant attorneys must act in the process with
loyalty and priority. As such, they must:

1º State the facts according to the truth;

2º Not to file claims or allege defenses, or promote incidents, when they are
aware of their manifest lack of foundations;

3º Not promote evidence, nor carry out, or cause to be carried out, useless or

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unnecessary acts in the defense of the right they maintain.

Sole Paragraph.- The parties and third parties who act in the process with
recklessness or bad faith are responsible for the damages they cause.

It is presumed, unless proven otherwise, that the party or third party has acted
recklessly or in bad faith in the process when:

1º They deduce in the process claims or defenses, main or incidental, that are
manifestly unfounded;

2º Maliciously alter or omit facts essential to the case;

3º They obviously and repeatedly obstruct the normal development of the

process.

Article 171°
The parties and their representatives must refrain from using insulting or
indecent expressions or concepts in their proceedings and writings. The Judge
will order such concepts to be tested if they have not been noticed before,
warning the offending party or agent to refrain from repeating the offense in the
future, with a fine of two thousand bolivars for each case of recidivism.

Article 172°
The parties must provide their representatives with sufficient expenses. If they
do not do so, they will not be able to demand liability from the agent who has
failed to do something that causes expenses.

Article 173°
The attorney or substitute will be obliged to follow the trial in all instances,
provided that the Courts that must hear the matter exist in the same place;
Otherwise, they must make the appropriate substitutions, in accordance with the
provisions of this Code or notify the principal by the fastest means.

Article 174°
The parties and their attorneys must indicate a headquarters or address at their
domicile or at the seat of the Court, formally declaring the exact address in the
defendant's libel and in the written or response document. Said domicile will
subsist for all subsequent legal purposes as long as another address is not
established in the trial, and all notifications, summonses or summonses that may
arise will be carried out there. In the absence of indication of the headquarters or
address required in the first part of this article, the headquarters of the Court will
be taken as such.

Chapter IV. Of free justice

Article 175°
For the purposes of this chapter, justice will be administered free of charge to
the people to whom the Court or the Law grants this benefit.

Article 176°
The benefit of legal aid may be requested by any of the parties at any stage and

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level of the case, and the respective incident will be substantiated and decided in
a separate notebook.

If the benefit is requested to act in court, it must be requested in writing that will
be attached to the complaint, of which a certified copy will be sent to the
defendant. In this case, the defendant may contradict the request within the
period of the summons, or on the same day that he presents his response. In
other cases, the request must be contradicted within five days following its
presentation, without the need for a summons.

Article 177
Whether the request for legal aid is contradicted or not, an evidentiary hearing
will be opened for eight days, with no time limit, so that the parties can present
the pertinent evidence.

Once the articulation expires, the Court will decide the matter within the following
three days, and no appeal will be heard from the decision.

Article 178°
The Courts will grant the benefit of free justice, for the purposes of this Chapter,
to those who do not have sufficient means, either to litigate or to assert any right
in a non-contentious manner.

This benefit is personal, it will only be granted to manage own rights, and it will
be enjoyed, without the need for prior declaration, by people who receive an
income that does not exceed three times the mandatory minimum wage set by
the National Executive, public charity institutes and any others to whom the law
grants it in matters that concern them.

The fact that the applicant is the owner of the home in which he resides will not
in itself constitute an impediment to the granting of the benefit.

Article 179
If at any stage and level of the case it is demonstrated that the beneficiary of
legal aid has sufficient financial means, the Court, judging summarily, will order
the effects of the benefit to cease. No appeal will be heard from this decision.

Article 180°
Those who by legal provision or by judicial declaration have the right to free
justice will enjoy the following benefits:

1º Use plain paper and not be obliged to disable tax stamps or pay tariffs, rates,
contributions or other types of rights to judicial officials.

2º That they be appointed by the Court to defend their rights free of charge.

3º Exemption from the payment of fees or fees to auxiliaries of justice, such as

interpreters, experts, depositaries, associates, pilots and others, who will be
obliged to provide their services free of charge in the matter when they act at the
request of the beneficiary of justice free.

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Article 181°
Whoever has litigated free of charge will be obliged to pay the sealed paper, the
stamps, the fees of his defender and the other costs that he has caused or for
which he has been convicted, if within three years following the completion of the
process he reaches better fortune.

Those who have litigated free of charge for granting them this benefit under the
Law will be exempt from this obligation.

Article 182°
It is competent to grant the benefit of free justice of the Court that is competent
to hear the business to which its declaration refers.

Title IV. Of the procedural acts

Chapter I. From the form of the acts

Article 183°
In carrying out procedural acts, only the legal language, which is Spanish, may
be used.

Article 184°
When in any act of the process a person who does not know the Spanish
language must be questioned, the Judge will appoint an interpreter who will
previously swear to faithfully translate the questions and answers.

Article 185°
When documents that are not in the Spanish language must be examined, the
Judge will order their translation by a public interpreter and, failing this, will
appoint a translator, who will take an oath to faithfully translate their content.

Article 186°
When a deaf person, a mute person or a deaf person must be questioned, the
deaf person will be presented with the written questions, as well as any
observations of the Judge so that he or she can answer verbally; The mute will
be asked the question verbally so that he can answer it in writing; and the deaf
will be asked questions and observations in writing, so that he can also respond
in writing. The writing will be added to the original, in addition to being copied
into the minutes.

If the deaf, the mute or the deaf do not know how to read or write, they cannot
be questioned in the civil trial.

Article 187°
The parties will make their requests through written diligence that they will
extend in the file of the case at any time established in the tablet or Poster
referred to in article 192, and will sign before the Secretary; or in writing that they
will present at the same time to the Secretary, signed by the party or their
representatives.

Article 188°
The acts of the Court will also be carried out in writing, under the dictation or

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instructions of the Judge, in clear, precise and laconic terms. The observations,
claims, reservations or appeals of those who intervene in the act will be
expressed to the Judge, who will substantially write the minutes, without altering
the truth of what has happened, or omitting anything stated. If, when read, the
interested party observes something more or less than what they wish to record,
what was observed will be written in precise and brief terms.

The executions and rogatory that are addressed to foreign courts or officials and
the supplications, exhortations or dispatches that are sent to other Venezuelan
authorities, will be headed "In the name of the Republic of Venezuela." Rogatory
requests for foreigners will be directed through diplomatic or consular channels,
and the rest, through ordinary channels, without the need for legalization. These
documents must bear the seal of the Court, without which they will not have
authenticity.

Article 189°
The record must contain an indication of the people who have intervened and
the circumstances of place and time in which the procedures of which it attests
have been carried out; It must also contain a description of the activities carried
out and the recognitions carried out. The act must be signed by the Judge and
the Secretary.

If other people have participated, the Secretary, after reading the minutes, will
require them to sign. If any of them cannot or does not want to sign, this fact will
be recorded.

The statements of the parties, the sworn positions, the statements of witnesses
and any other proceedings of the Court that must be recorded in the minutes,
may be taken through the use of some technical means of reproduction or
recording of the act, by order of the Court or by request of any of the parties. In
these cases, the recording will be kept in the custody of the Judge, who will
order the written version of its content to be made by the Secretary or some
amanuensis under the direction of the latter, or by some other natural or legal
person, under oath to faithfully comply. his task. In every case, the Secretary,
within a period of five days, will add to the file the written version of the content
of the recording, signed by the Judge and the Secretary. If none of the parties
object to the record, expressly pointing out any inaccuracy, it will be considered
admitted, four days after it has been recorded in the records. In case of
objections, the Judge will set a day and time to review the minutes with the
interested parties, listening to the recording again. There will be no appeal from
what was decided by the Judge in that act.

The cost of the recording will be borne by the applicant, and if the Court orders it
ex officio, it will be borne by both parties.

Article 190°
Any person can control the acts carried out in the Courts and take any simple
copies of them that they want, without the need for authorization from the Judge,
unless they have been reserved for some legal reason.

Bolivarian Republic of Venezuela

 Chapter II. Of the place and time of the procedural acts

Article 191°
The judges may not deal with the matters within their jurisdiction, except in the
place designated for the headquarters of the Court, except for acts with respect
to which they previously agree otherwise in accordance with the law, ex officio or
at the request of a party.

Article 192°
Nor will judges be able to dispatch except during the hours of the day designated
for this purpose, which they will indicate on a board that will be posted in the
Court, for public knowledge. To act outside these hours, when necessary, they
will authorize one day in advance or by letting the parties know the essential
hours that they will determine.

Article 193°
No procedural act can be carried out on a holiday, neither before six in the
morning nor after six in the afternoon, unless the holiday or night is enabled for
urgent reasons.

An urgent cause for the purposes of this article will be the manifest risk that an
order or measure remains illusory, or that any important procedure to prove a
right for the prosecution of the trial is frustrated.

Article 194°
The proceedings, requests, writings and documents referred to in articles 106
and 107 of this Code must be presented by the parties within the hours of the
day set by the Court for dispatch.

On days on which the Court decides not to dispatch, the Secretary will not be
able to sign or receive proceedings, requests, writings and documents from the
parties.

Article 195°
The Courts will inform the public, first thing in the morning, by means of a notice
or notice, of the day on which they decide for justified reasons not to dispatch,
and the Secretary will record this in the Daily Book, as provided in article 113.

Article 196°
The terms or periods for compliance with procedural acts are those expressly
established by law; The Judge may only set them when the law authorizes it to
do so.

Article 197°
The terms or procedural periods will be computed by consecutive calendar days,
except the periods of evidence, in which Saturdays, Sundays, Thursday and
Good Friday will not be computed, the days declared by the National Holidays
Law, those declared not workable by other laws, nor those in which the Court
orders not to dispatch.

Article 198°
In the procedural terms or periods indicated by days, the time in which the order

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is issued or the act that gives rise to the opening of the period is verified will not
be counted.

Article 199°
The terms or periods of years or months will be computed from the day following
the date of the act that gives rise to the period, and will end on the day of the
date equal to that of the act, of the year or month that corresponds to complete
the number of the period.

The period that, according to the previous rule, should be completed on a day in
which the month ends, will be deemed to have expired on the last day of that
month.

Article 200°
In the cases of the two previous articles, when the expiration of the period
occurs on one of the days excepted from the calculation by article 197, the
corresponding act will be carried out on the following business day.

Article 201°
The Courts will be vacant from August 15 to September 15 and from December
24 to January 6, all inclusive. During the holidays, the cases will remain
suspended and procedural lapses will not run.

This does not prevent the taking of the actions that are necessary to ensure the
rights of any party, which must justify the urgency and provide sufficient security
or guarantee, when the nature of the act requires it to cover the damages that
may be caused. In this regard, authorization will be granted to proceed with the
dispatch of the matter; but if this is contentious, the prior summons of the other
party will be required for its validity.

The Courts may not carry out any other proceedings during the holidays except
those concerning the act declared urgent. Substitute judges and co-judges who
replace them during judicial vacation periods may not issue a final or
interlocutory ruling, unless the parties expressly request it by mutual agreement.

Sole Paragraph.- In matters of constitutional protection, all vacation days will be

considered enabled. The judges, even if they are temporary, are obliged to
process and sentence it.

Article 202°
The terms or procedural lapses may not be extended or opened again after they
have been completed, except in cases expressly determined by the Law, or
when a cause not attributable to the party requesting it makes it necessary.

First Paragraph.- In any case in which the course of the case is suspended for
any reason, the case will resume its course in the same state in which it was at
the time of suspension.

Second Paragraph.- The parties may, by mutual agreement, suspend the

course of the case for a period of time that they will determine in the minutes
before the Judge.

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Article 203°
The procedural terms or periods may not be shortened except in cases
permitted by law, or by the will of both parties or of the party favored by the
period, expressed before the Judge, and always giving knowledge to the other
party.

Article 204°
The terms and resources granted to one party will be understood as granted to
the other, provided that the provision of the law or the nature of the act does not
result otherwise.

Article 205°
The distance term must be set in each case by the Judge, taking into account
the distance from town to town and the communications facilities offered by the
existing roads. However, the fixation may not exceed one day for every two
hundred kilometers, nor may it be less than one day for every hundred.

In any case in which the distance is less than the minimum limit established in
this article, one day of distance completion will always be granted.

Chapter III. On the nullity of procedural acts

Article 206°
The Judges will ensure the stability of the trials, avoiding or correcting errors that
could annul any procedural act. This nullity will not be declared except in cases
determined by law or when some formality essential to its validity has ceased to
be complied with in the act.

In no case will nullity be declared if the act has achieved the purpose for which it
was intended.

Article 207°
The nullity of isolated acts of the procedure will not entail the nullity of other
previous or consecutive acts, independent of the same, but will give rise to the
renewal of the act within a term that will be established by the Court, provided
that the case is in the same instance in the wrongful act has occurred.

Article 208°
If the nullity of the act is observed and declared by a Superior Court that has
jurisdiction over the case, it will restore it to the state where a new sentence is
issued by the Court of the instance in which the null act occurred, providing that
this Court before fail, have said act renewed in accordance with the provisions of
the previous article.

Article 209°
The annulment of the final sentence issued by the Court of the lower instance,
which is found to be vitiated by the defects indicated in article 244, can only be
asserted through appeal, in accordance with the rules of this means of
challenge. The declaration of the vice of the sentence by the Court that hears
the case first will not be a reason for its reinstatement, and the Court must also
rule on the merits of the litigation. This provision does not apply in the cases
referred to in the last part of article 246.

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Sole Paragraph.- The Superior Courts that declare the sentence of the inferior
ones to be defective, will warn them of the offense committed and in cases of
recidivism, will impose a fine that is not less than two thousand bolivars nor
exceeds five thousand.

Article 210°
.- When the defects referred to in article 244 occur in the judgment of the last
instance of a trial in which it is admissible and the appeal for cassation is
announced and formalized, it will be up to the state to issue a new one to
reinstate the case. sentence, to the Supreme Court of Justice when deciding the
appeal and the procedure indicated in article 322 will be followed.

Article 211°
The total nullity of acts consecutive to an invalid act will not be declared, except
when this is essential to the validity of subsequent acts or when the law
expressly prescribes such nullity. In these cases, the case will be returned to the
state corresponding to the starting point of the nullity and the renewal of the
invalid act.

Article 212°
Neither the nullity of an isolated act of the procedure, nor that of the acts
consecutive to an invalid act, may be decreed, except at the request of a party,
except in the case of violation of public order laws, which cannot be corrected
even with the express consent of the parties; or when the party against whom
the fault is committed has not been validly summoned for the trial or for its
continuation, or has not attended the process, after having been summoned, so
that he could request an annulment.

Article 213°
Nullities that can only be declared at the request of a party will be corrected if the
party against whom the fault is committed does not request the annulment at the
first opportunity in which it is present in the proceedings.

Article 214°
The party that has caused the nullity that can only be declared at the request of
a party, or that has expressly or tacitly consented to it, may not challenge the
validity of the procedure.

Chapter IV. Of summonses and notifications

Article 215°
The summons of the defendant to answer the complaint is a necessary formality
for the validity of the trial, a summons that will be verified in accordance with the
provisions of this Chapter.

Article 216°
The defendant may be summoned personally for the response, by means of a
document signed before the Secretary.

However, whenever it appears from the record that the party or his attorney,
before the summons, has carried out some diligence in the process, or has been
present at an act thereof, the party will be deemed to have been summoned

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from then on to answer the complaint. , without further formality.

Article 217°
Outside the case provided for in the previous article, when someone appears for
the defendant to be summoned, it will only be admitted in the case of exhibiting
power with express authority to do so. If the power of attorney does not meet this
requirement, the summons will be made in the manner provided in this Chapter,
without prejudice to the fact that, once all the formalities established therein have
been completed, depending on the case, the same that has not been admitted to
be cited, if he has sufficient power to intervene in it.

Article 218°
The personal summons will be made by means of certification with the summons
issued by the Court, delivered by the Sheriff to the person or persons sued in
their home or room, or in their office, or in the place where they carry out
industry or commerce, or in the place where it is found, within the territorial limits
of the jurisdiction of the Court, unless it is in the exercise of some public act or in
the temple, and a receipt will be required, signed by the aforementioned, which
will be will be added to the case file. The receipt must state the place, date and
time of the summons. If the summoned party cannot or does not want to sign the
receipt, the Sheriff will notify the Judge and the latter will order that the Clerk of
the Court issue a notification slip in which he communicates to the summoned
party the Sheriff's statement regarding his summons. The Secretary will deliver
the ballot to the domicile or residence of the person mentioned, or to his or her
office, industry or commerce, and will record in the record that this formality has
been completed, stating the name and surname of the person to whom it was
delivered. The day following the confirmation that the Secretary places in the
record of having completed said action, the period of appearance of the
aforementioned will begin to count.

Sole Paragraph. - The personal summons may be managed by the actor

himself or by his attorney through any other Sheriff or Notary within the
jurisdiction of the Court, as indicated in article 345.

Article 219
If the personal summons is not possible and it is a summons from a legal entity,
the plaintiff may request the summons by certified mail with notice of receipt,
before the summons by posters provided for in article 223.

The summons by mail of a legal entity will be carried out in its office or in the
place where it carries out its trade or industry, at the address previously
indicated in the file by the applicant. The Sheriff of the Court will deposit the
open envelope, containing the certification of the claim with the summons, in the
respective post office.

The postal officer will give a receipt stating the documents included in the
envelope, the sender, the recipient, his address and the date of receipt of the
envelope and will close it in the presence of the Sheriff. By return mail, the
Administrator or Director will send to the sending Court the notice of receipt
signed by the recipient of the envelope, indicating in all cases the name,
surname and identity card of the person who signs it.

Bolivarian Republic of Venezuela

The aforementioned notice of receipt will be added to the file by the Secretary of
the Court, recording the date of this procedure, and the following day the period
of appearance of the defendant legal entity will begin to be computed.

Article 220°
In cases of summons by certified mail with notice of receipt, from legal entities,
the notice of receipt must be signed by the legal or judicial representative of the
legal entity, or by any of its directors or managers, or by the recipient of
company correspondence.

Article 221°
In cases of summons by mail from a legal entity, the summons will be declared
null and void:

1º If the notice of receipt is not signed by any of the officials or persons indicated
in article 220.

2º If the receipt notice does not include the name, surname and identity card of
the person who received the envelope and signed the receipt.

Article 222°
Judicial officials, officials of the Postal Administration, officials and employees of
public or private legal entities, and any person who has forged or contributed to
forging a false judicial summons will be punished with imprisonment of one to
five years.

The persons indicated in article 221 who refuse to sign the notice of receipt in
cases of summons by mail, or deliver the envelope with the summons to its
recipient, will be punished with arrest from three to twelve months.

Article 223°
If the Sheriff does not find the person summoned to carry out the personal
summons, and the party has not requested his summons by mail with notice of
receipt, or when requested, the summons of the defendant is not possible either,
this will be carried out by Posters, at the request of the interested party. In this
case, the Judge will order that the Secretary post a Poster in the residence,
office or business of the defendant summoning him to be summoned within a
period of fifteen days, and another similar Poster will be published in the press,
at the expense of the interested party. , in two newspapers that the Court
indicates are among those with the greatest circulation in the town, with an
interval of three days between them. These Posters will contain: the name and
surname of the parties, the object of the claim, the term of the appearance and
the warning that if the defendant does not appear within the established period,
a defender will be appointed, with whom the summons will be understood. The
Secretary will record in the records that these formalities have been completed
and a copy of the newspapers in which the Posters have been published will be
added to the file by the interested party. The period of appearance will begin to
be counted the day after the record of the last formality completed is recorded in
the records.

Bolivarian Republic of Venezuela

Article 224°
When it is proven that the defendant is not in the Republic, he will be summoned
in the person of his attorney, if he has one. If he does not have one, or if the one
who has refuses to represent him, the defendant by Carteles will be summoned,
so that within a period to be set by the Judge, which may not be less than thirty
days nor more than forty-five, according to circumstances, appear personally or
through a representative. These posters must contain the mentions indicated in
the previous article and will be published in two of the newspapers with the
greatest circulation in the town, which the Judge will expressly indicate for thirty
continuous days, once a week. If after this period the person not present does
not appear, nor does any of his or her representatives appear, the Court will
appoint a defender, with whom the summons will be heard.

Article 225°
When appointing the defender, the Court will give preference, under equal
circumstances, to the relatives and friends of the defendant or his attorney, if he
has one, hearing any indication from the spouse present, if there is one and he
wishes to do so.

Article 226°
The defender's fees and other litigation expenses will be paid from the assets of
the defendant, as determined by the Court, consulting the opinion of two lawyers
on the amount.

Article 227°
When the summons must be issued outside the residence of the Court, the
summons will be sent ex officio, in the manner already established, to any
judicial authority in the place where the defendant resides so that the summons
may be issued in the manner indicated in the article. 218, without prejudice to
the power conferred on the actor by the Sole Paragraph of said provision.

If the defendant searched is not found, the Sheriff will report to the Judge, and
the Judge will order ex officio, that the summons be issued in the manner
provided for in Article 223 without waiting for any other instructions from the
principal, informing the latter of the result.

In the cases of this article, the term of the appearance will begin to be counted
from the day following receipt of the commission in the Court of the case, without
prejudice to the term of the distance.

Article 228°
When there are several people who must be summoned and the result of all the
summons is not recorded in the file at least two days before the expiration of the
appearance period, the act of answering the complaint will be deferred and the
Court will set the period within of which the answer must be given. This fixation
may not exceed the ordinary period referred to in article 359 nor will it be less
than ten (10) days. In any case, if more than sixty days elapse between the first
and last summons, the summons made will be without effect and the procedure
will be suspended until the plaintiff again requests the summons of all the
defendants. If there is a citation for posters, it will be sufficient that the first
publication has been made within the indicated period.

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When the defendant has chosen a domicile for the purposes of the obligation
demanded, with an indication of the person, the summons will be understood
with this person, observing, for the rest, the provisions of articles 218 and 219.

If the person designated in the election of domicile is the same person at whose
request the summons is made, or has died or disappeared, or become
incapacitated, the summons will be verified as if no person had been designated
in the election.

Article 230°
In any case in which the summons of a party is necessary, even if it is not for the
answer to the claim, the procedure will be followed in accordance with the
provisions of this Chapter, except for any special provision.

Article 231°
When it is proven that the successors of a specific person who has died are
unknown, and a right of the latter regarding an inheritance or other common
thing is proven or recognized, the summons that must be made to such unknown
successors, in relation to the actions that affect said right, it will be verified by an
edict in which those who believe they are assisted by that right are called to
appear to be summoned in a term of no less than sixty continuous days, nor
more than one hundred and twenty, in the opinion of the Court, according to the
circumstances.

The edict must contain the name and surname of the plaintiff and those of the
deceased of the unknown successors, the last address of the deceased, the
subject of the lawsuit and the day and time of the appearance.

The edict will be posted on the door of the Court and will be published in two
newspapers with the greatest circulation in the locality or in the most immediate
one, as indicated by the Judge, for at least sixty days, twice a week.

Article 232°
If the period established in the edict for the appearance elapses, without this
being verified, the Court will appoint a defender of the unknown persons, with
whom the summons will be understood, until according to the law his/her
assignment ceases.

Article 233°
When by law the notification of the parties is necessary for the continuation of
the trial, or for the performance of any act of the process, the notification can be
verified by means of the printing press, with the publication of a Poster in a
newspaper of the of greatest circulation in the locality, which the Judge will
expressly indicate, giving a term that will not be less than ten days.

It may also be verified by means of a ticket sent by certified mail with notice of
receipt, to the address established by the party to be notified, in accordance with
article 174 of this Code, or by means of a ticket issued by the Judge and left by
the Sheriff. at the aforementioned address. The Secretary of the Court will
expressly record the actions carried out in accordance with the provisions of this
article in the file.

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 Chapter V. From the commission

Article 234°
Any Judge may give commission to carry out any substantiation or execution
proceedings to those who are inferior to him, even if they reside in the same
place.

This power may not be exercised in the case of judicial inspections, sworn
positions, interrogations of minors and cases of interdiction and disqualification.

Article 235°
Every Judge may give the same commission to those who are of the same
category as his, provided that the proceedings must be carried out in a place to
which the jurisdiction of the commissioner extends, and that this place is
different from the residence of the principal.

Article 236°
In the case of the previous article, the commissioned Judge may pass the
commission to an inferior Judge.

Article 237°
No commissioned Judge may stop fulfilling his commission except by new
decree of the principal, outside of cases expressly excepted by law.

When the parties have to appoint experts or carry out other similar acts, and
they do not appear in a timely manner, the Commissioned Judge will act as the
principal.

Article 238°
The commissioned judge must limit himself to strictly fulfilling his commission,
without deferring it under the pretext of consulting the client about the
intelligence of said commission.

Article 239°
A claim may be made against the decisions of the commissioned judge
exclusively before the principal.

Article 240°
The Military Courts, Commercial Courts, and any other courts of special
jurisdiction may not be commissioned except in matters that fall within their
jurisdiction.

Article 241°
|If the commissioned Judge is involved in any legal cause of recusal, the party
who is interested may propose it or encourage the client to use the power to
revoke the commission.

Title V. From the Termination of the Process

Chapter I. Of the sentence

Article 242°

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The sentence is pronounced in the name of the Republic of Venezuela, and by
authority of the law.

Article 243°
Every sentence must contain:

1º The indication of the Court that pronounces it.

2º The indication of the parties and their representatives.

3º A clear, precise and laconic synthesis of the terms in which the controversy
has been raised, without transcribing in it the acts of the process that appear in
the records.

4º The factual and legal reasons for the decision.

5th Express, positive and precise decision in accordance with the claim deduced
and the opposing exceptions or defenses, without in any case being able to
acquit himself of the instance.

6º The determination of the thing or object on which the decision falls.

Article 244°
The sentence will be void: due to lack of the determinations indicated in the
previous article; for having acquitted the case; because the sentence is so
contradictory that it cannot be executed or does not appear to be what was
decided; and when it is conditional, or contains ultrapetite.

Article 245°
Except as provided in Article 209, the sentence may be limited to ordering the
reinstatement of the case, for some legal reason, to the state determined in the
sentence itself.

Article 246°
The sentence will express the date on which it was pronounced and will be
signed by the members of the Court, but those who have dissented regarding
the provisions may save their vote, which will be extended after the sentence,
signed by all.

The decision whose pronouncement appears not to have been attended by all
the judges called by law, nor the one that is not signed by all of them, will not be
considered as a sentence nor will it be executed.

Article 247°
The final rulings will be published and added to the file, which will record the day
and time the publication was made.

Article 248°
A certified copy of every sentence will be left in the Court that pronounced it.

Article 249°
In the sentence in which the payment of fruits, interest or damages is ordered,

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the amount thereof will be determined, and if the Judge cannot estimate it
according to the evidence, he will order that this estimate be made by experts, in
accordance with what is established for the justification of goods in the Title on
executions of this Code. The same will be done when the sentence orders
restitution of fruits or compensation of any kind, if the Judge cannot make the
estimate or settlement, in accordance with what the parties in the lawsuit have
justified.

In any case of conviction, according to this article, the sentence will precisely
determine what the proven damages that must be estimated consist of and the
various points that must serve as a basis for the experts.

In these cases, the expertise will be taken as a complement to the final ruling;
But if any of the parties complain against the experts' decision, alleging that it is
outside the limits of the ruling, or that the estimate is unacceptable because it is
excessive or minimal, the Court will hear the associates who attended to dictate
the ruling in first instance, if such had been the case, and failing that, to two
other experts of his choice, to decide on the claim, with the power to definitively
set the estimate; and from what was determined an appeal will be freely
admitted.

Article 250°
The provisions of the previous article are not applicable to the repair of moral
damage, whose compensation may be agreed upon by the Judge in accordance
with article 1,196 of the Civil Code.

Article 251°
The pronouncement of the sentence may not be deferred except once, for
serious reasons about which the Judge will make an express declaration in the
deferral order, and for a period that will not exceed thirty days. The sentence
handed down outside the deferral period must be notified to the parties, without
which the period for filing appeals will not run.

Article 252°
After the final sentence or the interlocutory sentence subject to appeal has been
pronounced, it cannot be revoked or amended by the Court that pronounced it.

However, the Court may, at the request of a party, clarify doubtful points, correct
omissions and rectify errors in copying, references or numerical calculations that
appear evident in the same sentence, or issue extensions, within three days,
after the ruling is issued, provided that such clarifications and extensions are
requested by one of the parties on the day of publication or the following day.

Article 253°
The Courts, in the fines they have imposed or in the warnings they have given,
for what appears from the process, without hearing those who are convicted, will
hear their claims, formulated in writing, and will decide in the same act or on the
day following. The claimant may produce with his request the evidence that
favors him.

These claims may not be attempted more than sixty days after the claimant has

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been instructed regarding the condemnation.

Article 254°
The Judges may not declare the claim admissible unless, in their opinion, there
is full proof of the facts alleged in it. In case of doubt, they will rule in favor of the
defendant, and, other things being equal, they will favor the condition of the
possessor, disregarding subtleties and points of mere form in their decisions.

In no case will the Courts use vague or obscure rulings, such as those of
whatever form, whatever happens to whom it may concern, or other similar
ones, since the law applicable to the case, the formality that has been missed, or
the Judge must always indicate. who should occur.

Chapter II. Of the transaction and conciliation

Article 255°
The transaction has the same force between the parties as res judicata.

Article 256°
The parties may terminate the pending process, through the transaction
concluded in accordance with the provisions of the Civil Code. Once the
transaction is concluded in the trial, the Judge will approve it if it concerns
matters in which transactions are not prohibited, without which its execution
cannot proceed.

Article 257°
In any state and degree of the case, before the sentence, the Judge may
encourage the parties to conciliate, both on the main matter and on some
incident, even if it is procedural, explaining to them the reasons for convenience.

Article 258°
The Judge may not encourage the parties to conciliate when dealing with
matters in which transactions are prohibited.

Article 259°
The conciliation made by a guardian or other administrator, or by someone who
cannot freely dispose of the object on which the controversy is based, will have
effect only when it is approved in the manner established for transactions in the
Civil Code.

Article 260°
The conciliation proposal will not suspend the course of the case in any case.

Article 261°
When the parties have conciliated, a record containing the agreement will be
drawn up, a record that will be signed by the Judge, the Secretary and the
parties.

Article 262°
The conciliation puts an end to the process and has the same effects between
the parties as the definitive judgment.

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 Chapter III. Of withdrawal and agreement

Article 263°
In any state and degree of the case, the plaintiff can withdraw the lawsuit and
the defendant agree to it. The Judge will consider the act consummated, and the
procedure will be carried out as in a judgment passed under the authority of res
judicata, without the need for the consent of the opposing party.

The act by which the plaintiff withdraws or the defendant agrees to the lawsuit is
irrevocable, even before approval by the Court.

Article 264°
To withdraw from the claim and agree to it, it is necessary to have the capacity
to dispose of the object on which the dispute is based and that it involves
matters in which transactions are not prohibited.

Article 265°
The plaintiff may simply withdraw from the procedure; But if the withdrawal is
made after the response to the claim, it will not be valid without the consent of
the opposing party.

Article 266°
The withdrawal of the procedure only extinguishes the instance, but the plaintiff
will not be able to propose the claim again before ninety days have passed.

Chapter IV. Of the peremption of the instance

Article 267°
Any instance is extinguished after the passage of one year without any
procedural act having been executed by the parties. The inactivity of the Judge
after hearing the case will not produce peremption.

The instance is also extinguished:

1º When thirty days have elapsed from the date of admission of the claim, the
plaintiff has not complied with the obligations imposed by law for the defendant
to be summoned.

2º When thirty days have elapsed from the date of the reform of the complaint,
made before the summons, the plaintiff has not complied with the obligations
imposed by law for the defendant to be summoned.

3º When within a period of six months counted from the suspension of the
process due to the death of one of the litigants or for having lost the character
with which they acted, the interested parties have not managed the continuation
of the case, nor complied with the obligations that the law imposes on them to
continue it.

Article 268°
Peremption applies against the Nation, States and Municipalities, public
establishments, minors and any other person who does not have the free
administration of their property, except for recourse against their representatives.

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Article 269°
Peremption is verified by law and cannot be waived by the parties. It can be
declared ex officio by the Court and the sentence that declares it, in any of the
cases of article 267, can be freely appealed.

Article 270°
Peremption does not prevent the claim from being resubmitted, nor does it
extinguish the effects of the decisions issued, nor the evidence resulting from the
records; it only extinguishes the process.

When the trial in which the peremption is verified is under appeal, the appealed
sentence will have the force of res judicata, except in the case of sentences
subject to legal consultation, in which there will be no place for peremption.

Article 271°
In no case may the plaintiff resubmit the claim before ninety continuous days
have elapsed after the peremption has been verified.

Title VI. Of the effects of the process

Article 272°
No Judge may decide again the controversy already decided by a sentence,
unless there is an appeal against it or the law expressly allows it.

Article 273°
The definitively final ruling is the law of the parties within the limits of the decided
controversy and is binding in all future proceedings.

Article 274°
The party that is completely defeated in a process or in an incident will be
ordered to pay the costs.

Article 275°
When there is a reciprocal due date, each party will be ordered to pay the costs
of the other party. Until the costs of both parties are settled, its execution cannot
proceed. In any case, once the costs have been settled, they will be
compensated until the lowest amount is met.

Article 276°
The costs incurred by the use of a means of attack or defense that has not been
successful will be imposed on the party that has exercised it, even if it is the
winner in the case.

Article 277°
There are no costs in the transaction, unless otherwise agreed.

Article 278°
When the party is made up of several people, all of them will be responsible for
the costs per person, but when each of these people has a different participation
in the case, the Court will divide the costs between them according to this
participation.

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Article 279°
When several defendants are convicted in their capacity as joint and several
debtors, they will be jointly and severally liable for the costs.

Article 280°
In cases of plurality of parties, if any of the consorts use a special means of
attack or defense, the others are not responsible for the costs caused by it.

Article 281°
Anyone who has appealed from a sentence that is confirmed in all its parts will
be ordered to pay the costs of the appeal.

Article 282°
Whoever withdraws from the lawsuit, or from any appeal that has been filed, will
pay the costs if there is no agreement to the contrary.

When he agrees to the claim in the act of answering, he will pay the costs if he
has given rise to the procedure, and if it happens on another occasion, he will
also pay them, if there is no agreement to the contrary. If the parties disagree
regarding the first part of the previous paragraph, the Judge will open a meeting
for eight days to decide on the costs.

Article 283°
The dismissal of the instance will not cause costs in any case.

Article 284°
The costs incurred in the incidents may only be demanded from the losing party
once the final judgment becomes final. In any case, the parties may request
compensation for these costs with those imposed in the final decision.

Article 285°
The costs of executing the sentence will be borne by the executed person. The
procedure for the execution of these costs will not cause new costs.

The costs incurred by the executioner will also be borne by the executed person
by any means of defense promoted by him in the execution and that are rejected
by the Court.

Article 286°
The costs that the losing party must pay for the fees of the opposing party's
attorney will be subject to a deduction. In no case will these fees exceed thirty
percent (30%) of the value of what is litigated.

When several lawyers are involved, the losing party will only be obliged to pay
the fees for the amount of what a single lawyer would receive, without prejudice
to the right of repayment.

Article 287°
The costs proceed against the Municipalities, against the Autonomous Institutes,
State companies and other public establishments, but they do not proceed
against the Nation.

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 Title VII. Of the resources

Chapter I. From the appeal

Article 288°
An appeal is made from any final ruling issued in the first instance, unless
otherwise specifically provided.

Article 289°
An appeal will be admitted from interlocutory sentences only when they produce
an irreparable burden.

Article 290°
The appeal of the final sentence will be heard for both purposes, unless
otherwise specifically provided.

Article 291°
The appeal of the interlocutory sentence will be heard only in return effect,
unless otherwise specifically provided.

When the appeal is heard and is not decided before the final sentence, it may be
asserted again together with the appeal of the final sentence, to which it will be
added.

In any case, the lack of appeal of the final sentence will produce the extinction of
the appeals of the undecided interlocutory ones.

Article 292°
The appeal will be filed before the Court that pronounced the sentence, in the
manner provided for in article 187 of this Code.

Article 293°
If the appeal is filed within the legal term, the Court will admit or deny it on the
day following the expiration of that term.

Article 294°
Once the appeal is admitted for both purposes, the records will be sent within
the third day to the Court of Appeal, if it is located in the same place, or by mail,
if it resides in another place. The appellant must provide the postage for mail,
but the other party may do so, if interested, and subject to reimbursement of said
postage.

Article 295°
Once the appeal is admitted with the sole effect of devolution, a copy of the
relevant minutes indicated by the parties, and of those indicated by the Court,
will be sent to the Court of Appeal, unless the appealed issue is being processed
in a separate notebook, in which cases the original notebook will be sent.

Article 296°
Once the appeal is admitted for both purposes, no ruling will be issued that may
directly or indirectly produce innovation in the matter of the litigation, while the
appeal is pending, except for special provisions.

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Article 297°
The party to whom everything that he or she requested has been granted may
not appeal from any order or sentence; but, outside of this case, not only the
parties, but also anyone who, due to having an immediate interest in what is the
object or matter of the trial, is harmed by the decision, either because it could be
execution against himself negates his right, impairs or impairs it.

Article 298°
The term to attempt the appeal is five days, unless otherwise provided.

Chapter II. From accession to appeal

Article 299°
Each party may join the appeal filed by the opposing party.

Article 300°
The accession may have as its subject the same issue that is the subject of the
appeal, or one different or even opposite to it.

Article 301°
Adherence to the appeal must be formulated before the Court of Appeal, from
the day it receives the file, until the reporting act.

Article 302°
The accession will be proposed in the manner provided for in article 187 of this
Code, and the issues that the accession has as its object must be expressed,
without which it will be considered not filed.

Article 303°
By virtue of the adhesion, the Court of Appeal will hear all the issues that are the
subject of the appeal and the adhesion.

Article 304°
The party that joins the opposing party's appeal may not continue the appeal if
the party that appealed withdraws from it, even if the purpose of the adhesion
was different from that of the appeal or even opposed to it.

Chapter III. Of the factual appeal and revocation

Article 305°
Once the appeal is denied, or admitted for only one purpose, the party may
appeal, within five days, plus the term of the distance, to the Court of Appeal,
requesting that the appeal be ordered to be heard or that it be admitted for both
purposes. and will accompany a copy of the minutes of the file that it believes
are relevant and those indicated by the Judge if he so orders. A copy of the
documents or minutes indicated by the opposing party will also be attached,
paying for them themselves. The order that denies the appeal or admits it for a
single purpose, will set the term of the distance, if appropriate, for the purposes
of the de facto appeal.

Article 306°
Even if the de facto appeal has been introduced without accompanying a copy of

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the supporting minutes, the Court of Appeal will consider it introduced.

Article 307°
This appeal will be decided within five days from the date on which it was
introduced, or from the date on which copies of the relevant minutes are
attached if the appeal had been introduced without these copies.

Article 308°
The Court of Appeal will impose a fine that will not be less than five hundred
bolivars nor more than two thousand, to the Judge who has denied the copies
referred to in the previous articles, or who has unjustly delayed their issuance,
without prejudice to the right of complaint of the party harmed by the refusal or
delay.

Article 309°
If, because the appeal has not been admitted or because it has been admitted
for a single purpose, the Judge of the case has issued orders, these will be
without effect if the Judge of appeal orders that the appeal be heard freely.

Article 310°
Acts and orders of mere substantiation or mere processing may be revoked or
amended ex officio at the request of the party, by the Court that issued them, as
long as the final sentence has not been pronounced, except for special
provisions. There will be no appeal against the refusal of revocation or reform,
but otherwise an appeal will be heard with sole return effect.

Article 311°
The revocation or reform must be requested within five days following the mere
formality act or order and will be provided within three days following the
request.

Title VIII. From the appeal

Article 312°
The appeal may be proposed:

1º Against last resort sentences that put an end to civil or commercial trials,
whose main interest exceeds Two Hundred and Fifty Thousand Bolívars, except
as provided in special laws regarding the amount.

2º Against the last instance sentences that put an end to the special contentious
trials whose main interest exceeds Two Hundred and Fifty Thousand Bolívars,
and against the last resort sentences that are issued in the special contentious
procedures, on the status and capacity of the people.

3º Against the orders issued in execution of a sentence that resolve essential

points not disputed in the trial, nor decided in it; or those who provide against the
enforceable or substantially modify it, after all ordinary remedies against them
have been exhausted.

4º Against the rulings of the Superior Courts that hear appeals of arbitration
awards, when the main interest of the controversy exceeds Two Hundred and

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Fifty Thousand Bolívars.

When the appeal is proposed against the sentence that ended the trial, it
includes interlocutory actions that have produced a lien not repaired therein,
provided that all ordinary remedies have been timely exhausted against said
decisions.

Trials sentenced in accordance with article 13 of this Code do not have an

appeal.

Article 313°
The appeal will be declared admissible:

1º When in the process substantial forms of acts that undermine the right of
defense have been broken or omitted; or when the requirements of article 243
have not been met in the sentence, or when it suffers from the defects listed in
article 244; provided that all remedies have been exhausted against said
violations or omissions, or that the omission or violation harms public order.

2º When an error of interpretation has been made regarding the content and
scope of an express provision of the law, or a legal norm has been falsely
applied; when a rule is applied that is not in force, or one that is in force is
denied application and validity; or when a maxim of experience has been
violated.

In cases of this ordinal, the infraction must have been determining factor in the
sentence.

Article 314°
The appeal will be announced before the Court that issued the sentence against
which it is appealed, within ten (10) days following the expiration of the periods
indicated in article 521, depending on the case.

Only in the event of a material impossibility of doing so before that court, it may
be announced before another Court or before a Registrar or Notary of the
District, so that the latter immediately passes it on to the Court that must admit
or deny it, for the purposes of pronouncing the law.

Any intervention by the Court that issued the sentence against which the appeal
is being appealed to frustrate or hinder the announcement of the appeal will be
sanctioned by the Supreme Court of Justice with a fine of up to Twenty
Thousand Bolívares, without prejudice to the fact that the appeal is later
declared admitted and proceeded. to its processing.

The Supreme Court of Justice may hear, substantiate and rule on any claim from
an interested party related to the processing of the announcement and
admission of the appeal, imposing a fine of up to Twenty Thousand Bolivars on
those responsible, without prejudice to any personal liability that may arise. .

Article 315°
The Court competent to hear the announcement of the appeal will admit or deny
it on the first day immediately following the expiration of the 10 days given for the

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announcement. In case of refusal, the reasons for rejection will be stated in said
order, and in case of admission, the calendar day that corresponded to the last
of the ten (10) days given for the announcement will be stated in the order. If
there has been no timely ruling on the admission or denial of the appeal, the
advertiser will file its formalization document with the Supreme Court of Justice
within forty (40) continuous days, plus the term of the distance if such is the
case, following ten (10) days of the announcement, so that the latter can request
the file and impose a fine between Ten Thousand and Twenty Thousand
Bolívars on the Judge, and rule on the admission or denial of the appeal.

Article 316°
After the ten (10) days given to announce the appeal without it having been
proposed, the file will be sent to the Court to whom execution corresponds.

In the event of refusal to admit the appeal, the Court that denied it will keep the
file for five (5) days so that the interested party can actually appear before the
Supreme Court of Justice. This appeal will be proposed before the Court that
denied the admission of the appeal, in the same file of the matter, who will send
it at the first opportunity to the Supreme Court of Justice for it to decide within
five (5) days following receipt. of the proceedings, in preference to any other
matter.

If the appeal is in fact declared admissible, the term of the distance that the
Court will set, and the period of formalization, will begin to run from the day
following that declaration, and otherwise, the file will be sent directly to the Judge
who must hear the execution, involving said referral to the Court that sent the
file.

The Supreme Court of Justice, when ruling on the appeal, may impose, in the
event of malicious interposition by the proponent, a fine of up to Twenty
Thousand Bolívares.

Article 317°
Once the appeal is admitted, or the factual appeal is declared admissible, they
will begin to run from the day following the expiration of the ten (10) days that
are given to make the announcement in the first case, and from the day following
that of the declaration with place of the factual appeal in the second case, a
period of forty (40) days, plus the term of the distance that has been established
between the headquarters of the Court that issued the appealed sentence and
the capital of the Republic, computed in the same form, within which the
appellant party or parties must submit a reasoned writing, either in the Court that
admitted the appeal, if the submission is made before the file is sent, or directly
in the Supreme Court of Justice, or by body of any Judge who authenticates it,
which contains, in the same order as expressed, the following requirements:

1º The decision or decisions against which the appeal is made.

2º The violations or omissions referred to in ordinal 1 of article 313.

3º The complaint of having incurred in one or some of the cases contemplated in

ordinal 2 of article 313, with expression of the reasons that demonstrate the

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existence of the infringement, false application or erroneous application.

4º The specification of the legal norms that the Court of last instance should
have applied and did not apply, to resolve the controversy, with expression of
the reasons that demonstrate the applicability of said norms.

The challenge or inhibition proposed against the judges of the Supreme Court of
Justice will not suspend the formalization period.

Article 318°
After the forty days established in the previous article, and the end of the
distance, if such were the case, if the formalization document established in the
previous article has been consigned, the counterparty may, within the following
twenty days, consign by written the arguments that in his opinion contradict the
allegations of the formalizing party, citing in his writing the rules that in his
opinion should be applied to resolve the controversy, with expression of the
reasons that demonstrate said application.

If there has been a response to the formalization, the appellant may reply within
ten days following the expiration of the twenty days given for the response, and if
the appellant makes use of said right, the challenger will have one last
opportunity, in the following ten days, to formulate his counter-reply.

Article 319°
Once the appeal has been substantiated in the manner indicated in the previous
article, the Supreme Court of Justice will have a period of sixty days to issue its
ruling on the proposed appeal.

Article 320°
In its ruling on the appeal of cassation, the Supreme Court of Justice will rule on
the reported infractions, without going into the substance of the controversy, or
the establishment or appreciation of the facts carried out by the lower courts,
unless in the writing formalization, the violation of an express legal norm that
regulates the establishment or evaluation of the facts, or evidence, has been
reported, or that the operative part of the ruling is a consequence of a false
assumption on the part of the Judge, which he attributed to instruments or
records of the file mentions that it does not contain, or considered a fact proven
with evidence that does not appear in the records or whose inaccuracy results
from minutes and instruments of the file itself.

The Supreme Court of Justice may also extend its examination to the
establishment or assessment of the facts, when in the case of evidence not
expressly contemplated in the law, the Judge has admitted or evacuated it
without adhering to the analogy referred to in article 395 of this Code, or has not
appreciated them according to the rules of sound criticism referred to in article
507 ejusdem.

If, when deciding the appeal, the Supreme Court of Justice finds an infraction of
those described in ordinal 1 of article 313, it will refrain from hearing the other
complaints of infraction made, and will decree the nullity and reinstatement of
the case to the state that it considers necessary to restore the infringed legal

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order. The same abstention will be made when an infraction that affects an
interlocutory that has produced a lien not repaired in the definitive one is
declared valid.

If there have not been the infractions referred to in the previous paragraph, the
Supreme Court of Justice will hear the complaints made in accordance with
ordinal 2 of article 313, ruling on them affirmatively or negatively through
reasoned analysis and also establishing what the applicable legal norms are. to
resolve the controversy, whether these are those indicated by the parties in the
formalization or response briefs, or those that the Supreme Court of Justice itself
considers to be applicable to the case.

The Supreme Court of Justice may also make an express ruling in its ruling to
reverse the appealed ruling based on the public order and constitutional
infractions that it finds, even if they have not been reported.

In the judgment of the appeal, an express ruling will be made on costs in

accordance with the provisions of Title VI of this book. The order to pay the costs
of the appeal will be mandatory in the event of withdrawal or when it is allowed
to perish.
If in the same trial several appeals are announced and admitted at the same
time, their decision will be embraced in a single sentence containing as many
chapters as appeals, but the substantiation will be done in separate notebooks.

Article 321°
The trial judges will seek to adopt the doctrine of cassation established in similar
cases, to defend the integrity of the legislation and the uniformity of
jurisprudence.

Article 322°
Once the appeal for Cassation for the infractions described in the first paragraph
of article 313 has been declared admissible, the Supreme Court of Justice will
send the file directly to the Court that must conduct the trial again and if it cannot
continue hearing for reasons of inhibition, what It will immediately pass to the
person who must continue to know it in accordance with the provisions of this
Code, including said referral to the Court that sent the file to the Court.

If the appeal is declared admissible for the infractions described in the 2nd
ordinal of article 313, the referring Judge will limit himself to issuing a new
sentence, completely submitting to what was decided by the Supreme Court of
Justice. The doctrine of the cassation ruling, both upholding and rejecting, is
binding on the referring Judge, who will issue a new ruling based on the
provisions of the law that the Supreme Court of Justice has declared applicable
to the resolved case.

The Supreme Court of Justice may reverse a ruling without remand, when its
decision on the appeal makes a new ruling on the merits unnecessary. The
Supreme Court of Justice may also dispense with the remand, and put an end to
the litigation, whenever the facts that have been sovereignly established and
appreciated by the judges on the merits allow it to apply the appropriate rule of
law. In these cases, the Supreme Court of Justice will make an express ruling on

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the costs of the trial, in accordance with the provisions of Title VI, Book One of
this Code. The ruling issued by the Supreme Court of Justice that did not require
a remand decision will be sent directly to the Court to which the execution
corresponds, along with the respective file.

Article 323°
If the referring Judge rules against what was decided by the Supreme Court of
Justice, the interested parties may propose an appeal for annulment against the
new ruling within ten days following its publication.

Once this appeal is proposed, the Returning Court will at the first opportunity
forward the file to the Supreme Court of Justice, certifying it ex officio, which, as
soon as it receives it, will read the sentence it issued and that of the referring
Judge, and the other minutes of the file that is necessary to form an opinion on
the matter. The parties may present, within five days following receipt of the file
by the Supreme Court of Justice, a writing, which will not exceed three pages,
stating their points of view on the matter. After said five days, the Supreme Court
of Justice will decide the appeal, and if it finds that the referring court is contrary
to its decision, it will order it to issue a new sentence in accordance with its
decision. The Supreme Court of Justice may impose a fine of up to ten thousand
bolivars on the referring Judges who deviate from what it decided, without
prejudice to the responsibility that the parties may demand from the Judge.

Article 324°
To formalize and answer the appeal, as well as to intervene in the acts of reply
and counter-reply before the Supreme Court of Justice, the lawyer must be
Venezuelan, over thirty (30) years old and have a doctorate in some field. of
Law, or a professional practice of law, or of the judiciary, or of university teaching
in Venezuela, not less than 5 continuous years. For the purposes of this article,
the lawyer will certify before the respective Bar Association that he/she meets
the stated conditions, and the Bar Association will issue the corresponding
certificate and communicate it to the Supreme Court of Justice, which will form a
list of lawyers authorized to act. in it, which will be kept up to date and published
periodically. The representative constituted in the instance that meets the
requirements demanded in this article will not require special power to process
the appeal. The document of formalization or the challenge will be considered
not presented, or the act of reply or counter-reply has not been carried out, when
the lawyer does not meet the requirements demanded in this article, and in the
first case the Court will declare the appeal lost immediately. .

Article 325°
The appeal will be declared lost, without deciding it, when the formalization is not
presented within the period indicated in article 317, or does not meet the
requirements demanded in the same article.

Article 326°
After the cassation appeal has been ruled, the file will be sent to the Court of
referral by the first mail if the appeal is declared admissible, or to the execution
court if not, said referral to the Court that sent the file to the Court.

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 Title IX. Of the Invalidation Appeal

Article 327°
Whenever any of the causes listed in the following article occur, the
extraordinary appeal for invalidation proceeds against executory sentences, or
any other act that has the force of such.

Article 328°
The following are causes of invalidation:

1) The lack of summons, or the error, or fraud committed in the summons for
the answer.

2) The summons to answer the complaint of a minor, interdicted or disqualified.

3) The falsity of the instrument by virtue of which the sentence was

pronounced, said falsity being declared in a criminal trial.

4) The retention in the possession of the opposing party of a decisive

instrument in favor of the appellant's action or defense; or act of the opposing
party that has prevented the timely presentation of such decisive instrument.

5) The collision of the sentence with another passed on the authority of res
judicata, provided that because the first was not known, res judicata has not
been alleged in the trial.

6) The final decision of the case by a Judge who has not had such
appointment, or by a Judge who has known to be deposed or suspended by
legal decree.

Article 329°
This appeal will be filed before the Court that issued the final judgment whose
invalidation is requested, or before the Court that approved the act that has the
force of such.

Article 330°
The appeal will be filed through a document that contains the requirements
indicated in article 340, and will be accompanied by the fundamental public or
private instruments of the appeal.

The appeal will be substantiated and decided in a notebook separate from the
main file, through the procedures of the ordinary procedure.

Article 331°
Upon admitting the appeal, the Court will order the summons of the other party
in the manner provided for in Chapter IV, Title III, of the First Book of this Code,
and from now on the appeal will be substantiated and sentenced through the
ordinary procedure. but it will have but one instance. The sentence will be
communicated for compliance to the Judge who heard the first instance of the
trial, if the invalidation is successful.

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Article 332°
The invalidation of a chapter or part of the sentence does not remove its force
with respect to other chapters or parts that correspond to it. Whenever the
sentence contains several parts or chapters, the Judge will expressly declare
what will be included in the invalidation, not only with respect to the main part,
but also with respect to all its accessories.

Article 333°
The appeal for invalidation does not prevent the execution of the sentence,
unless the appellant gives security as provided in article 590 of this Code, to
respond for the amount of the execution and the damage due to the delay if the
judgment is not invalidated.

Article 334°
The appeal may not be attempted after three months have elapsed after the
instrument has been declared false or there has been proof of the withholding or
the judgment causing res judicata.

Article 335°
In the cases of numbers 1, 2 and 6 of article 328, the term to attempt invalidation
will be one month from when the facts are known; or since any act of execution
of the sentence handed down in the trial whose sentence is sought to be
invalidated has been verified in the appellant's assets.

Article 336°
Once the invalidation is declared, the trial will be restored to the state of filing the
lawsuit again, in the cases of numbers 1 and 2 of article 328; and to the state of
sentence, in other cases.

Article 337°
The ruling on invalidation can be appealed in Cassation, if applicable.

Second Book. From the ordinary procedure

Title I. From the introduction of the case

Chapter I. Of demand

Article 338°
Disputes that arise between parties claiming any right will be heard through the
ordinary procedure, if they do not have a special procedure scheduled.

Article 339°
The ordinary procedure will begin by request, which will be proposed in writing at
any day and time before the Secretary of the Court or before the Judge.

Article 340°
The libel of the lawsuit must express:

1º The indication of the Court before which the claim is proposed.

2º The name, surname and address of the plaintiff and the defendant and their

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character.

3º If the plaintiff or defendant is a legal entity, the claim must contain the name
or company name and the data relating to its creation or registration.

4º The object of the claim, which must be determined precisely, indicating its
location and boundaries, if it is real estate; the brands, colors or distinctives, if
applicable; the signs, signals and particularities that may determine its identity, if
it is movable; and the necessary data, titles and explanations if they are
intangible rights or objects.

5º The relationship of the facts and legal foundations on which the claim is
based, with the pertinent conclusions.

6º The instruments on which the claim is based, that is, those from which the
deduced right is immediately derived, which must be produced with the libel.

7º If compensation for damages is requested, the specification of these and their

causes.

8º The name and surname of the representative and the consignment of the
power.

9º The headquarters or address of the plaintiff referred to in article 174.

Article 341°
Once the claim is filed, the Court will admit it if it is not contrary to public order,
good customs or any express provision of the Law. Otherwise, admission will be
denied, stating the reasons for the refusal. From the Court's order denying the
admission of the claim, an appeal will be heard immediately, for both purposes.

Article 342°
Once the claim is admitted, the Court will order the Secretariat to certify as many
copies as the defendants appear in it, with certification of their accuracy; and
immediately an appearance order will be issued to answer the complaint, an
order that will be authorized by the Judge, stating in it the day set for the answer.

If for any other purpose established in the Civil Code, the plaintiff needs another
copy of the complaint with the summons, it will be issued in the same form.

Article 343°
The plaintiff may amend the complaint, only once, before the defendant has
given the answer to the complaint, but in this case the defendant will be granted
another twenty days for the answer, without the need for a new summons.

Chapter II. From the location

Article 344°
The summons will be made to appear within twenty days following the summons
of the defendant or the last of them if there are several.

If a distance limit must be established for several of the defendants, the Court

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will establish a common distance limit for all, taking into account the longest
distance. In any case the distance term will be computed first.

The period of the summons will be allowed to run in full when the defendant or
one of them, if there are several, gives their answer before the last day of the
period.

Article 345°
The copy or copies of the libel of the complaint with the comparison order will be
delivered to the Sheriff of the Court in order to issue the summons. However, at
the request of the plaintiff, said copies will be delivered to the plaintiff himself, or
to his attorney to process the summons through any other Sheriff or Notary of
the Judicial District of the Court of the case, or of the place where the plaintiff
resides. defendant, in the manner provided for in article 218.

Once the summons has been processed, the plaintiff or his representative will
deliver the result of the proceedings, duly documented, to the Secretary of the
Court.

Chapter III. From the previous questions

Article 346°
Within the period set for answering the claim, the defendant may, instead of
answering it, take the following prior steps:

1º The lack of jurisdiction of the Judge, or his incompetence, or lis pendens, or

that the matter must be joined to another process for reasons of accessory,
connection or continence.

2º The legitimacy of the person of the actor because he lacks the necessary
capacity to appear in court.

3º The illegitimacy of the person who presents himself as the attorney-in-fact or

representative of the actor, due to not having the necessary capacity to exercise
powers in court, due to not having the representation attributed, or because the
power is not granted legally or is insufficient.

4º The illegitimacy of the person cited as representative of the defendant, for not
having the character attributed to him. Illegitimacy may be proposed by both the
person cited and the defendant himself, or his attorney-in-fact.

5º The lack of surety or bail to proceed to the trial.

6º The defect in the form of the claim, because the requirements indicated in
article 340 have not been met in libel, or because the accumulation prohibited in
article 78 has been carried out.

7º The existence of a pending condition or deadline.

8º The existence of a preliminary ruling that must be resolved in a different

process.

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9º Res judicata.

10. The expiration of the action established in the Law.

11. The prohibition of the law to admit the proposed action, or when it only
allows it to be admitted for certain reasons other than those alleged in the
complaint.

If there are several defendants and any one of them alleges previous issues, the
response of the others cannot be admitted and the proceeding will be as
indicated in the following articles.

Article 347°
If the defendant fails to appear at the summons, he will be considered to have
confessed as indicated in Article 362, and the promotion of the preliminary
issues or the answer to the complaint will not be admitted afterwards, with the
exception of lack of jurisdiction, incompetence and lis pendens, which can be
promoted as indicated in articles 59, 60 and 61 of this Code.

Article 348°
The previous issues indicated in Article 346, if applicable, will be promoted
cumulatively in the same act, without any other being admitted later.

Article 349°
Once the preliminary questions referred to in ordinal 1 of article 346 have been
submitted, the Judge will decide on them on the fifth day following the expiration
of the summons period, based only on what results from the records and
documents presented by the parties. . The decision will only be contestable by
requesting regulation of jurisdiction or competition, in accordance with the
provisions of Section Six of Title I of the First Book.

Article 350°
Once the preliminary issues referred to in paragraphs 2, 3, 4, 5 and 6 of Article
346 have been submitted, the party may remedy the defect or omission invoked
within a period of five days following the expiration of the period of the location,
in the following way:

That of the 2nd ordinal, through the appearance of the incapacitated plaintiff,
legally assisted or represented.

That of the 3rd ordinal, through the appearance of the legitimate representative
of the actor or the duly constituted agent, or through the ratification in records of
the power and the acts carried out with the defective power.

That of the 4th ordinal, through the appearance of the defendant himself or his
true representative.

That of the 5th ordinal, through the presentation of the required bond or surety.

That of the 6th ordinal, by correcting the defects indicated in the libel, by
diligence or writing before the Court.

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In these cases, no costs will be incurred for the party that corrects the defect or
omission.

Article 351°
Once the preliminary issues referred to in paragraphs 7, 8, 9, 10 and 11 of
Article 346 are referred to, the plaintiff will state within five days following the
expiration of the period of the summons, whether it agrees with them or if it
contradicts them. . The silence of the party will be understood as admission of
the issues not expressly contradicted.

Article 352°
If the plaintiff does not correct the defect or omission within the period indicated
in article 350, or if it contradicts the issues referred to in article 351, an
evidentiary articulation of eight days will be deemed open to promote and
evacuate evidence, without the need for decree or order of the Judge, and the
Court will decide on the tenth day following the last day of that articulation, in
view of the written conclusions that the parties may present.

When the previous issues referred to in this article have been promoted together
with the lack of jurisdiction referred to in ordinal 1 of Article 346, the
aforementioned articulation will begin to run on the third day following receipt of
the official letter indicated in the article. 64, provided that the resolution is
affirmative of jurisdiction.

Article 353°
Once the lack of jurisdiction, or the lis pendens referred to in paragraph 1 of
article 346, is declared valid, the process is extinguished. In the other cases of
the same ordinal, the declaration with place of the issues raised will produce the
effect of passing the files to the competent Judge so that he can continue
hearing, in accordance with the procedure that must be followed.

Article 354°
Once the preliminary questions referred to in paragraphs 2, 3, 4, 5, and 6 of
article 346 have been declared valid, the process is suspended until the plaintiff
corrects said defects or omissions as indicated in article 350, within the term of
five days, counting from the Judge's pronouncement. If the plaintiff does not
properly correct the defects or omissions within the indicated period, the process
is extinguished, producing the effect indicated in article 271 of this Code.

Article 355°
Once the preliminary issues referred to in paragraphs 7 and 8 of article 346 have
been declared admissible, the process will continue its course until reaching the
state of sentencing, in which state it will be suspended until the pending term or
condition is met or the issue is resolved. preliminary question that should
influence his decision.

Article 356°
Once the preliminary questions referred to in paragraphs 9, 10 and 11 of article
346 have been declared valid, the claim that will be rejected and the process
extinguished.

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Article 357°
The Judge's decision on the prior defenses referred to in paragraphs 2, 3, 4, 5,
6, 7 and 8 of article 346 will not have an appeal. The decision on the issues
referred to in ordinals 9, 10 and 11 of the same article will be freely appealed
when they are declared valid and in a single effect when they are declared void.
In both cases, the costs will be regulated as indicated in Title VI of the First Book
of this Code.

Chapter IV. From the response to the complaint

Article 358°
If the prior issues referred to in article 346 have not been alleged, the defendant
will proceed to answer the claim. Otherwise, when, having been alleged, they
have been rejected, the response will take place:

1° In the case of lack of jurisdiction referred to in ordinal 1° of article 346, within

five days following the Court's resolution, if the regulation of jurisdiction is not
requested, or within five days following the receipt of the official letter referred to
in article 64, when it is requested. In the other cases of the same ordinal 1 of
article 346, the response will take place within five days following the Court's
resolution, if the regulation of jurisdiction is not requested, or within five days
following receipt of the official letter. referred to in article 75, if it is requested; but
if the question is declared admissible, the answer will be made before the Court
declared competent, within the period indicated in article 75.

2º In the cases of the 2nd, 3rd, 4th, 5th and 6th ordinals of article 346, within five
days following the day in which the party voluntarily corrects the defect or
omission in accordance with article 350; and otherwise, within five days following
the Court's resolution, except in the case of termination of the process referred
to in article 354.

3° In the cases of the 7th and 8th ordinals of article 346, within five days
following the Court's resolution.

4° In the cases of ordinals 9, 10 and 11 of article 346, within five days following
the expiration of the appeal period, if it is not filed. If there is an appeal, the
response will be verified within five days following the day in which the appeal
was heard in a single effect in accordance with article 357, or within five days
following receipt of the file in the Court of origin, without need of the Judge's
ruling, when the appeal has been heard for both purposes, in accordance with
the same article. In any case, the period for the response will be allowed to run
in full when the defendant or one of them, if there are several, gives their
response before the last day of the period.

Article 359°
The answer to the claim may be presented within twenty days following the
summons of the defendant or the last of them if there are several, at any time
indicated on the tablet referred to in article 192, without the need for the
presence of the demanding. In any case, for subsequent actions the period of
the placement will be allowed to elapse in its entirety.

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Article 360°
The response to the claim must be submitted in writing. The written response will
be added to the file, with a note signed by the Secretary, stating that this is the
response presented and the date and time of its presentation. If there are
several defendants, they may proceed to respond together or separately on the
day and time they choose in accordance with the previous article.

Article 361°
In the answer to the claim, the defendant must clearly express whether he
contradicts it in whole or in part, or whether he agrees with it absolutely or with
some limitation, and the reasons, defenses or peremptory exceptions that he
deems appropriate to allege.

Together with the defenses invoked by the defendant in the answer, he may
assert the lack of quality or the lack of interest in the plaintiff or the defendant to
try or sustain the trial, and the issues referred to in paragraphs 9, 10 and 11 of
article 346, when the latter had not been proposed as preliminary questions.

If the defendant wants to propose a counterclaim or mutual request or call a third

party to the case, he must do so in the same response.

Article 362°
If the defendant does not respond to the claim within the deadlines indicated in
this Code, it will be considered confessed as long as the plaintiff's request is not
contrary to law, if nothing is proven to favor him. In this case, once the period for
promoting evidence has expired without the defendant having presented any,
the Court will proceed to rule on the case, without further delay, within eight days
following the expiration of that period, adhering to the defendant's confession. In
any case, for the purposes of the appeal, the aforementioned period of eight
days will be allowed to fully elapse if the sentence is pronounced before its
expiration.

Article 363°
If the defendant agrees to everything required of him in the lawsuit, it will be
terminated and the proceeding will proceed as res judicata, prior to the approval
of the agreement by the Court.

Article 364°
Once the response is completed or the deadline for making it has expired, the
allegation of new facts, nor the response to the claim, nor the counterclaim, nor
the citations of third parties to the case may no longer be admitted.

Chapter V. Of the counterclaim

Article 365°
The defendant may attempt a counterclaim or mutual request, expressing with
complete clarity and precision the object and its foundations. If it concerns an
object other than that of the main trial, it will be determined as indicated in article
340.

Article 366°
The Judge, at the request of the party and even ex officio, will declare the

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counterclaim inadmissible if it concerns issues for which he or she lacks
jurisdiction for the matter, or that must be resolved through a procedure
incompatible with the ordinary one.

Article 367°
Once the counterclaim is admitted, the plaintiff will answer it on the fifth following
day, at any time set on the tablets referred to in article 192, without the need for
the presence of the counterclaimant, suspending in the meantime the procedure
regarding the claim.

If the plaintiff does not respond to the counterclaim within the indicated period,
he will be considered confessed as long as the counterclaimant's request is not
contrary to law, if nothing is proven to favor him.

Article 368°
Except for the causes of inadmissibility of the counterclaim indicated in article
366, the promotion of the preliminary issues referred to in article 346 will not be
admitted against it.

Article 369°
Once the counterclaim has been answered, or if the counterclaimant has failed
to do so, the claim and the counterclaim will continue in a single procedure until
the final ruling, which must include both issues.

Chapter VI. From the intervention of third parties

Article 370°
Third parties may intervene, or be called to the pending case among other
people, in the following cases:

1° When the third party claims to have a preferential right to that of the plaintiff,
or to compete with the plaintiff in the alleged right, based on the same title; or
that the property claimed or seized, or subject to seizure or a prohibition on
alienating and encumbering, is his, or that he has a right to them.

2° When the embargo is carried out on assets that are the property of a third
party, the third party opposes it in accordance with the provisions of article 546.

If the third party is only a precarious possessor, in the name of the executed
person, or if he only has a enforceable right over the seized thing, he may also
make the opposition, for the purposes provided for in the sole section of article
546.

3º When the third party has a current legal interest in supporting the reasons of
one of the parties and intends to help them win the process.

4º When one of the parties requests the intervention of the third party because
the pending case is common to the third party.

5º When any of the parties claims a right of recovery or guarantee with respect
to the third party and requests their intervention in the case.

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6º To appeal a final sentence, in the cases permitted in article 297.

Section 1. Of voluntary intervention

Article 371°
The voluntary intervention of third parties referred to in paragraph 1 of article 370
will be carried out through a third party lawsuit directed against the disputing
parties, which will be proposed before the Judge of the case in the first instance.
A copy of the demand will be sent to the parties and the controversy will be
substantiated and sentenced according to its nature and amount.

Article 372°
The third part will be instructed and substantiated in a separate notebook.

Article 373°
If the third party intervenes during the first instance of the main trial and before
being in a state of sentencing, the trial will continue its course until reaching said
state, and then it will wait for the third party's evidence period to conclude, at
which time the Both files will be accumulated so that the same ruling embraces
both processes, remaining united for subsequent instances.

Article 374°
The suspension of the course of the main cause, in the case of the previous
article, will not exceed ninety continuous days, regardless of the number of third
parties proposed. After that term, the main trial will continue.

Without prejudice to the provisions of Article 274, if the third party does not
proceed with its third party, the Court may, at the request of a party, even before
the expiration of the suspension period, order the continuation of the main trial
and impose on the third party a fine that does not exceed three thousand
bolivars nor less than two thousand.

Article 375°
If the third party intervenes after the first instance ruling, the main lawsuit will
continue its course, and the third party will continue its course separately.

If the two files are found in the second instance for sentencing, they will be
accumulated so that a single decision includes both.

Article 376°
If the third party is proposed before the sentence has been executed, the third
party may oppose the execution of the sentence when the third party appears to
be based on a reliable public instrument. Otherwise, the third party must provide
sufficient security, in the opinion of the Court, to suspend the execution of the
final judgment.

In any case of suspension of execution, the third party will be responsible for the
damage caused by the delay, if the third party is rejected.

Article 377°
The intervention of third parties referred to in ordinal 2 of article 370 will be
carried out by way of opposition to the embargo, by means of diligence or writing

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before the Court that has decreed the seizure, even before it has been carried
out, or after it has been executed.

Article 378°
Once the opposition is formulated, the Court will proceed as indicated in article
546 of this Code.

Article 379°
The intervention of the third party referred to in paragraph 3 of article 370 will be
carried out by means of diligence or writing, at any stage and level of the
process, even on the occasion of the filing of an appeal. Along with the diligence
or writing, the third party must submit reliable evidence that demonstrates the
interest they have in the matter, without which their intervention will not be
admitted.

Article 380°
The adhesive intervener must accept the case in the state in which it is found
when intervening in it, and is authorized to assert all the means of attack or
defense admissible in such state of the case, provided that his acts and
statements are not in opposition to those of the main part.

Article 381°
When, according to the provisions of the Civil Code, the final judgment of the
main process must produce effects on the legal relationship of the adhesive
intervener with the opposing party, the adhesive intervener will be considered a
joint litigator of the main party, in accordance with the provisions of article 147. .

Section 2. Of forced intervention

Article 382°
The call to the cause of the third parties referred to in paragraphs 4 and 5 of
article 370 will be made in the answer to the complaint and their summons will
be ordered in the ordinary forms, so that they appear within the distance and
three more days.

The call of third parties to the case will not be admitted by the Court if
documentary evidence is not accompanied as a basis for it.

Article 383°
The third party who appears must present his or her response to the summons
in writing and propose in it the defenses that favor him, both with respect to the
main claim and with respect to the summons, but in no case will he be allowed to
promote previous issues.

Failure to appear by the third party called to the case will produce the effect
indicated in article 362.

Article 384°
All issues related to the intervention will be resolved by the Judge of the case in
the final sentence.

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Article 385°
In cases of recovery, the party may request, at its option, the intervention of its
immediate deceased, or that of the remote deceased, or that of any of them
simultaneously.

Article 386°
If the summoned person who appears requests that another person be
summoned, the summons will be issued under the same terms, and as many as
may occur.

When the first appointment is proposed, the course of the main case will be
suspended for a period of ninety days, within which all appointments and their
responses must be made. But if no new appointments are proposed, the case
will continue its course the day following the last response, even if said term has
not expired, leaving the main trial and the appointments open to evidence.

Article 387°
The provisions of the previous articles will not prevent the interested party from
proposing, if he or she prefers, his or her main claim for recovery or guarantee
against the person who must clean up or guarantee; but in this case, the
decision on this claim will correspond to the Court where the main case is
pending, to which it will be accumulated so that a single sentence includes all
the interested parties.

The accumulation referred to in this article may only be carried out in the first
instance, provided that both the recovery or guarantee claim, as well as the main
claim, are in the state of judgment.

Title II. From the instruction of the case

Chapter I. Of the evidentiary period

Article 388°
The day after the expiration of the period of summons to answer the claim,
without conciliation or the agreement of the defendant having been achieved, the
trial will be open to evidence, without the need for a decree or order from the
Judge, unless, as it must be decided the matter without evidence, the Judge
declares it so on the day following said period.

Article 389°
There will be no place for the evidentiary period:

1°. When the point on which the claim relates appears, both from the claim and
from the answer, to be of mere law.

2º When the defendant has expressly accepted the facts narrated in the libel and
has only contradicted the law.

3º When the parties, by common agreement, agree on this, either each one
separately requests that the matter be decided as a matter of mere law, or only
with the elements of evidence that are already in the record, or with the
instruments that they present until reports.

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4º When the law establishes that only instrumental evidence is admissible,
which, in such case, must be presented until the reporting ceremony.

Article 390°
The order of the Judge declaring that the case will not be opened to evidence,
based on cases 1, 2 and 4 of the previous article, will be appealable, and the
appeal will be heard freely.

Article 391°
Once said order is executed, the report will be carried out on the fifteenth day
following the execution, at the time set by the Court.

Article 392°
If the matter should not be decided without evidence, the term for them will be
fifteen days to promote them and thirty to evacuate them, computed, as
indicated in article 197, but the term of the round trip distance will be granted for
those who have to evacuate away from the trial site.

Article 393°
An extraordinary period of up to six months will be granted for tests that must be
evacuated abroad, provided that any of the following circumstances occur:

1° That what is being tried to be proven has occurred in the place where the test
is to be done.

2º That there is evidence that the witnesses who must testify reside in the place
where the evidence is to be collected.

3º That in the case of the evidence being instrumental, the office where the
instruments are located or the person in whose possession they exist is
expressed.

Article 394°
If the party that has obtained the extraordinary term of evidence referred to in the
preceding article does not carry out the consequent procedures, or from what
has been done it appears that the request was malicious, in order to delay the
trial, a fine of no less than of two thousand bolivars nor more than five thousand,
for the benefit of the opposing party as compensation for the damages suffered
by the delay.

Chapter II. Of the means of proof, its promotion and evacuation

Article 395°
The means of evidence admissible in court are those determined by the Civil
Code, this Code and other laws of the Republic.

The parties may also use any other means of proof not expressly prohibited by
law, and which they consider conducive to demonstrating their claims. These
means will be promoted and evacuated by applying by analogy the provisions
relating to similar means of evidence contemplated in the Civil Code, and failing
that, in the manner indicated by the Judge.

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Article 396°
Within the first fifteen days of the evidentiary period, the parties must present all
the evidence they wish to use, except as provided by the Law. However, the
parties may, by mutual agreement, at any stage and level of the case, have any
type of evidence in which they have an interest.

Article 397°
Within three days following the end of the promotion, each party must express
whether it agrees with one or some of the facts that the counterparty is trying to
prove, determining them clearly, so that the Judge can precisely establish the
facts in which agree, which will not be tested. If any of the parties does not
complete said formality within the established period, the facts will be considered
contradicted.

The parties may also, within the aforementioned period, oppose the admission of
the counterparty's evidence that appears manifestly illegal or impertinent.

Article 398°
Within three days following the expiration of the term established in the previous
article, the Judge will provide the written evidence, admitting those that are legal
and appropriate and discarding those that appear manifestly illegal or
impertinent. In the same order, the Judge will order that any statement or
evidence regarding those facts on which the parties appear to be clearly agreed
be omitted.

Article 399°
If the Judge does not provide the written evidence within the period indicated in
the previous article, he will incur a disciplinary fine of five hundred to one
thousand five hundred bolivars, which will be imposed by the Superior in
accordance with article 27; and if there is no opposition from the parties to the
admission, they will have the right to proceed with the evacuation of the
evidence, even without an admission order.

If there is opposition regarding the admission of any evidence, it will not be

evacuated without the corresponding ruling.

Article 400°
Once the evidence is admitted, or considered admitted in accordance with the
preceding articles, the thirty days allocated to the evacuation will begin to be
counted; But if some have to be carried out by commission given to another
Court, the evacuation period will be calculated as follows:

1° If the evidence has to be taken at the place of the trial, the days elapsed in
the Court after the order of admission until the departure of the office for the
commissioned Judge, exclusive, will be counted first, and the remainder of the
period, by the days that take place in the commissioned Court, starting from the
day following receipt of the commission.

2° If the evidence has to be evacuated outside the place of the trial, it will be
counted from the order of admission: first the term of the distance granted for the
departure; then, the days of the evacuation period that pass in the

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Commissioner Court, starting from the day following the expiration of the
distance term, of which the Commissioner will record; and finally, the return
distance term. In no case will the dispatches of evidence for the commissioned
judges be delivered to the interested parties. If the commissions are not issued
due to lack of management by the interested party, the evacuation period will be
computed by the days that pass in the Court of the case.

Article 401°
Once the evidentiary period has concluded, the Judge may ex officio order the
following proceedings:

1° Have any of the litigants appear to question them freely, without oath, about
any fact that appears doubtful or obscure.

2º Require the presentation of any instrument of the existence of which there is

some data in the process that is judged necessary.

3º The appearance of any witness who, having been promoted by one of the
parties, however, did not timely render his statement, or that of any other who,
without having been promoted by the parties, appears mentioned in any
evidence or in any procedural act of the parts.

4º That a judicial inspection be carried out somewhere, and a sketch be formed

on the points that are determined; or a process that exists in a public archive is
in view and certification of some minutes is made, provided that in the lawsuit in
question there is some mention of such process and they are related to each
other.

5º That some expertise be carried out on the points determined by the Court, or
that which exists in the records be expanded or clarified.

The order in which these proceedings are ordered will set the term to comply
with them and no appeal will be heard against it. Once the procedures have
been completed, the parties' observations will be heard in the Reports act.

Article 402°
The refusal and the admission of any evidence will give rise to an appeal and
this will be heard in both cases with the sole effect of devolution.

If the denied evidence is admitted by the Superior, the Court of the case will set
a deadline for its evacuation and once this has concluded, the proceeding will be
as indicated in article 511. If the evidence is denied by the Superior, the
evidence will not be considered in the sentence if it has been evacuated.

Chapter III. Of the confession

Article 403°
Whoever is a party to the trial will be obliged to respond under oath to the
positions made by the opposing party regarding pertinent facts of which he or
she has personal knowledge.

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Article 404°
If the party is a legal entity, its representative will absolve the positions according
to the law or the Social Statute. However, the representative of the legal entity or
its attorney, by means of diligence or writing, may designate another person to
absolve the positions in its place, as this person has direct and personal
knowledge of the facts of the case, who is will be deemed summoned for the test
and will be obliged to answer the positions.

Article 405°
The positions may only be made on the facts pertinent to the merit of the case,
from the day of the answer to the claim, after this, until the moment of beginning
the reports of the parties for sentencing.

Article 406°
The party requesting the positions must state that they are willing to appear at
the Court to acquit the opposing party reciprocally, without which they will not be
admitted.

Once the positions requested by one of the parties have been agreed upon, the
Court will establish in the same order the opportunity in which the applicant must
absolve them to the other, considering it to be entitled to the act for the request
for evidence.

Article 407°
In addition to the parties, the following may be called upon to acquit positions in
court: the attorney for the acts carried out on behalf of his principal, provided that
the mandate subsists at the time of the promotion of the positions, and the
representatives of the incapable persons over the acts in question. who have
personally intervened in that capacity.

Article 408°
Persons exempt by law from appearing to testify as witnesses are not required
to appear in court to absolve positions. In these cases, the test will be carried out
following the provisions of the witness test, as soon as they are applicable.

Article 409°
The facts about which confession is required must be expressed assertively,
always in clear and precise terms, and without new positions being able to be
formulated on facts that have already been the subject of them.

Article 410°
The positions must be concerning the controversial facts. In the event of a claim
for impertinence of a question, the Judge may exempt the absolver from
answering it. In any case, the Judge will not take into account in the final
sentence those answers that deal with irrelevant facts.

Article 411°
No more than twenty positions may be presented to the absolvent; But if, due to
the complexity of the matter, the Judge considers it appropriate, he may, at the
request of the party, grant the latter, before the conclusion of the act, the
formulation of an additional number that does not exceed ten positions.

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Article 412°
It will be considered confessed in the positions that the opposing party legally
makes in the presence of the Court: those who refuse or answer them, unless
the absolver, by his own determination, refuses to answer the position because
he considers it impertinent, and so it turns out. declared by the Court in the final
ruling; to the one summoned to absolve them does not appear without legitimate
reason, or to the one who perjures themselves when answering them, with
respect to the facts to which the perjury refers. If the party called to absolve the
positions does not attend the event, sixty minutes will be allowed to elapse from
the time set for the appearance, whether this refers to the first act of positions or
to the continuation of the same after any suspension of that or of having agreed
to continue it before a Judge commissioned for this purpose. After this time has
passed without the absolver having appeared, he will be considered confessed
in all the positions that the counterparty establishes, without exceeding the
twenty indicated in article 411.

Article 413°
The positions will be recorded in a minute that will be signed by the Judge, the
Secretary and the parties. At the event, the applicant will ask the questions
verbally and the answer will also be verbal, but the Secretary will faithfully
transcribe them in the minutes.

Article 414°
The response to the positions must be direct and categorical, confessing or
denying each position. Those who do not respond definitively will be considered
confessed; but when the position concerns the content of instruments that exist
in the case, the response may refer to them.

If these are events that have occurred a long time before or that by their nature
are such that oblivion is probable, the Judge will consider the circumstances if
the party does not give a categorical answer.

Article 415°
The absolvent will not be able to read any paper to give his answer, unless it
involves amounts or other complicated matters, in the opinion of the Court, in
which case he will be allowed to consult his notes and papers, giving him time to
do so, if necessary. necessary.

Article 416°
Without prejudice to the provisions of article 404, the summons to absolve
positions must be made personally for the designated day and time, and in no
case will they suspend the course of the case.

Article 417°
If the acquitter is not found at the place of the trial, the Court will commission
another Judge or Court of the jurisdiction in which he is located, so that the
positions can be verified before him, unless the acquitter prefers to appear to
answer before the court. Judge of the case, previously announcing it to the
Court.

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Article 418°
If the absolvent is found abroad, a rogatory will be issued to the respective
Judge. The absolution of positions of a person who is abroad can only be
requested within the period of promotion of evidence indicated in article 396.

Article 419°
Proof of positions will not be allowed to be promoted more than once in the first
instance and once in the second, unless, after the first positions have been
acquitted, new facts or instruments are alleged against, in which case they may
be promoted. again with reference to the newly adduced facts or instruments.

Chapter IV. Of the decisive oath

Article 420°
The oath can be taken at any stage or level of the case, in any type of civil trial,
except for special provisions.

Whoever defends the oath must propose its formula.

This must be a brief, clear, precise and comprehensive statement of the fact or
facts, or knowledge of them, on which the parties make the decision of the
matter depend.

Article 421°
If the party to whom the oath is sworn objects to the formula, the Judge may
modify it so that it conforms to the provisions of the previous article, in the same
decree on the admission of the oath.

This decree can be appealed for both purposes, as well as regarding admission
or not, as well as regarding the modification of the formula, so that it is
definitively established by the decision.

Article 422°
The sworn oath may be referred to, in accordance with the provisions of the Civil
Code.

Article 423°
Once the taking of the deferred or referred oath has been definitively decided,
the Judge will set the day and time for the act, and will order the personal
summons of the person who must take it, which will be done by the means
prescribed in this Code.

Article 424°
If the named party does not appear on the set day and time, it will be understood
that he or she refuses to take the oath, unless a legitimate impediment is
justified, in which case the act will be postponed until the impediment has
ceased, the Judge always setting another day and hour, without the need for a
new summons.

Article 425°
In the act of taking the oath, the person who must take it must do so in a public
act, observing the rites of the religion he professes, and limiting his answer to

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the strict terms of the established formula, without reasoning, objections, or
digressions.

If required by the Judge to adhere to the formula in his performance, he does not
do so, he will be considered to have refused the oath, for all purposes of law.

If the person who must take the oath does not do so because he claims that he
does not profess any religion, the oath will be accepted for his honor and
conscience and if he still does not take it, it will be considered as if he had
refused it, for all purposes of the law. .

Article 426°
The oath may not be taken except within the period established in article 405 for
sworn positions.

Article 427°
Once the oath has been taken, or refused by the person who must take it
according to the law, the Judge will proceed to sentence the case.

Article 428°
The provisions of the articles of this Section will be observed, insofar as they are
applicable to the oath taken ex officio, in cases where it is permitted by the Civil
Code.

Chapter V. From written evidence

Section 1. Of the instruments

Article 429°
Public and private instruments recognized or legally considered recognized may
be produced in an original judgment or in a certified copy issued by competent
officials in accordance with the laws.

Photographic, photostatic or any other clearly intelligible mechanical copies or

reproductions of these instruments will be considered reliable if they are not
challenged by the adversary, already in the answer to the claim, if they have
been produced with the libel, already within of the following five days, if they
have been produced with the response or during the period of promotion of
evidence. Copies of this type produced on any other occasion will have no
probative value if they are not expressly accepted by the other party.

The party that wants to use the contested copy may request its comparison with
the original, or the lack of it with a certified copy issued prior to that. The
comparison will be carried out by means of visual inspection or by means of one
or more experts designated by the judge, at the expense of the requesting party.
None of this will prevent the party from producing and enforcing the original of
the instrument or a certified copy thereof if preferred.

Article 430°
Regarding private instruments, letters or telegrams coming from the opposing
party, the provisions on deletion and recognition of private instruments will be
observed.

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Article 431°
Private documents issued by third parties who are not parties to the trial or the
cause thereof, must be ratified by the third party through testimonial evidence.

Article 432°
Publications in newspapers or gazettes, of acts that the law orders published in
said bodies, will be considered reliable, unless proven otherwise.

Article 433°
In the case of facts that appear in documents, books, files or other papers found
in public offices, banks, trade associations, civil or commercial companies and
similar institutions, even if they are not part of the trial, the Court, upon request
party, will not require from them reports on the contentious facts that appear in
said instruments, or a copy thereof.

The aforementioned entities may not refuse the required reports or copies
invoking grounds for confidentiality, but may demand compensation, the amount
of which will be determined by the Judge in the event of disagreement on the
part of the party, taking into account the work performed, which will be borne by
the requesting party.

Article 434°
If the plaintiff has not accompanied his claim with the instruments on which he
bases it, he will not be admitted unless he has indicated in the libel or the place
where they are located, or they are of a later date, or if it appears, if they are
earlier, that they do not had knowledge of them.

In all these exceptional cases, if the instruments are private, and in any other,
being of this type, they must be produced within fifteen days of the period for
promoting evidence, or announced in it from where they must be certified; after
that no others will be admitted.

Article 435°
Public instruments that are not mandatory to present with the claim, either
because the claim is not based on them, or because of the exception made in
article 434, may be produced at any time, until the latest reports.

Section 2. From the exhibition of documents

Article 436°
The party that must use a document that, according to its manifestation, is in the
possession of its adversary may request its production.

The request for exhibition must be accompanied by a copy of the document, or

failing that, the statement of the data known to the applicant about its content
and a means of proof that constitutes at least a serious presumption that the
instrument is found or He has found himself in the power of his adversary.

The Court will notify the adversary to show or deliver the document within a
period that will be indicated under warning.

If the instrument is not exhibited within the indicated period, and no evidence

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appears in the record that it is not in the possession of the adversary, the text of
the document will be considered exact, as it appears from the copy presented by
the applicant and in the absence of this , the data stated by the applicant
regarding the content of the document will be considered true.

If the evidence regarding the existence of the document in the possession of the
adversary is contradictory, the Judge will rule in the final ruling, being able to
draw from the statements of the parties and the evidence provided the
presumptions that his prudent arbitrator advises.

Article 437°
The third party in whose possession documents related to the trial are found is
also obliged to exhibit them, unless they invoke just cause in the opinion of the
Judge.

Section 3. From the fault of the instruments

Article 438°
The accusation of falsehood can be proposed in civil proceedings. either as the
main object of the case, or incidentally in the course of it, for the reasons
expressed in the Civil Code.

Article 439°
The incidental strike can be proposed at any stage or degree of the case.

Article 440°
When a public instrument, or one that is sought to be asserted as such, is
deleted by main means, the plaintiff will explain in his libel the reasons on which
he bases the deletion, expressing in detail the facts that serve as support and
that he intends to prove; and the defendant, in his answer to the complaint, will
declare whether or not he wants to enforce the instrument; If so, it will present
the grounds and circumstances with which it intends to combat the challenge.

If the instrument presented in any state and degree of the case, is incidentally
crossed out, the striker, on the fifth following day, will present a writing
formalizing the cancellation with an explanation of the reasons and presentation
of the circumstantial facts that are expressed; and the presenter of the
instrument will appear on the fifth following day, also expressly declaring
whether or not he insists on enforcing the instrument and the reasons and
circumstantiated facts with which he intends to combat the blemish.

Article 441°
If in the second case of the preceding article, whoever presents the instrument
states that he insists on enforcing it, the incident of deletion will continue, which
will be substantiated in a separate notebook. If you do not insist, the incident will
be declared over and the instrument will be discarded from the process, which
will continue its legal course.

Article 442°
If, due to the declaration that the instrument is insisted upon, the challenge trial
or the incidence of deletion must continue, the following rules will be observed in
the substantiation:

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1º Both the lack of an answer to the challenge claim and the lack of an answer to
the objection letter will produce the effect that this Code gives to the defendant's
failure to attend the act of answer.

2º On the second day after the response, or the act in which it must be verified,
the Court may reject outright, by reasoned order, the evidence of the alleged
facts, if even proven, it is not sufficient to invalidate the instrument. There will be
room for an appeal from this order for both purposes, if it is filed within the third
day.

3º If the Court finds relevant the evidence of one or some of the alleged facts, it
will determine with complete precision which are the ones on which the evidence
of one party or the other must fall.

4º When evidence of witnesses is promoted, the list of witnesses will be

presented with an indication of their domicile or residence, on the second day
after the determination referred to in the previous number.

5º If the original instrument has not been presented, but has been transferred,
the Judge will order that the presenter state the reason for not producing the
original and the person in whose possession it is, and the latter will be asked to
exhibit it.

6º It is prohibited to make the official and the witnesses who participated in the
granting act give advance statements, and, if done, they will not be admitted in
court.

7º Before proceeding to the evacuation of the evidence promoted by the parties,

and without loss of time, the Court will go to the office where the instrument
appears to have been granted, carry out a thorough inspection of the protocols
or records, compare them with the instrument produced and will provide detailed
evidence of the results of both operations.

If the official and the instrumental witnesses, or any of them, reside in the same
locality, the Judge will also have them appear before said office so that, having
in view the protocols or records and the instrument produced, they can declare
with precision and clarity about all facts and circumstances relating to the
granting.

If the office is outside the place of the trial, and the official and the witnesses or
any of them reside in that place, the highest-ranking Judge in the first instance of
said locality will be commissioned for the operations and statements expressed.
If the place of office and residence of the official and the witnesses, or any of
them, are different, the respective commissions will be given to the judges.

In any case, both the official and the witnesses will also be read the written
objections or strikes and their answers, so that they can testify about the facts
alleged in them, making the corresponding insertions in the offices that are
released.

8º The parties may not question the official or the witnesses but they may
indicate to the Judge the questions they want to be asked, and the Judge will

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ask them if they are pertinent in clear and simple terms.

9. If any of the parties promote evidence of witnesses to prove an alibi, it will not
be effective if at least five witnesses who know how to read and write, who are
older than all exceptions, and who are old enough to know the verified facts do
not testify in absolute agreement. at the time of granting the instrument.

The parties, and even the witnesses, may produce instruments that confirm or
contradict the alibi and that may act in the minds of the judges, who, in any case,
may consider it unproven, even when the number of witnesses affirms it. leaves
indicated, if due to the circumstances of the case the Courts do not consider it
sufficiently demonstrated.

10. If any of the parties promote expertise for the comparison of signatures or
letters, the instruments with which the comparison is made must be those
indicated in article 448.

11. When, due to the facts on which the accusation relates, a criminal trial of
falsification is carried out before the Judges competent in criminal matters, the
civil procedure of the accusation will be suspended until the criminal trial has
ended, respecting what is decided therein on the facts; but the civil judge will
retain full power to assess them when the criminal process concludes due to the
death of the prisoner, due to prescription of the public action, or for any other
legal reason that prevents criminal examination of the merits of the matter.

However, the suspension will not be ordered when the Court finds that the case
or some of its chapters can be decided independently of the contested or
crossed out instrument, in which case the civil case will continue.

12. If the official and the instrumental witnesses substantially maintain the
authenticity of the instrument, and of the facts of the granting, any divergences in
details, or lack of memory, will not be sufficient to discard their statements, if a
few years have passed, or if age has weaken the memory of the declarants.

If all, or most of the instrumental witnesses and the official, substantially maintain
the authenticity of the instrument, it may only be discarded when conclusive
proof of the falsehood is undoubtedly possible.

In case of doubt, the instrument will be upheld, without the lack of knowledge of
its signature by the official who authorized it, if it is proven that it is authentic.

13. In the ruling, the Court may, depending on the case and its circumstances,
order the cancellation in whole or in part, or the reform or renewal of the
instrument that it declares false in whole or in part; and, in addition to the costs,
will impose compensation for damages to anyone who has recklessly challenged
or crossed out the instrument.

14. The Court will notify the Public Ministry for the purposes of the articulation
and reports for sentence or transaction, as part of good faith, in accordance with
the provisions of article 132 of this Code.

15. For its validity, any transaction between the parties will require, in addition

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to the report of the Public Ministry, the approval of the Court, if the Court does
not find it contrary to morality or public order.

16. If a final civil or criminal judgment has been issued that recognizes the
authenticity of a public instrument, no new debate may be opened on it,
respecting the enforceability.

Article 443°
Private instruments may be crossed out for the reasons specified in the Civil
Code, the striking out must be made in the act of recognition or in the response
to the claim, or with the support of the claim, unless the striking out concerns the
recognition itself.

Once these opportunities have passed without crossing them out, they will be
considered recognized; but the party, without expressly promoting the date, may
simply ignore them at the time and subject to the rules established in the
following Section.

In the case of challenge or deletion of private instruments, the rules of the

preceding articles will be observed, as far as they are applicable.

Section 4. From the recognition of private instruments

Article 444°
The party against whom a private instrument is produced in court as emanating
from him or her or someone who caused him, must formally state whether he
recognizes or denies it, already in the act of answering the claim, if the
instrument has been produced with the libel, within five days following the day in
which it was produced, when it occurs after said act. The silence of the party in
this regard will consider the instrument recognized.

Article 445°
If the signature is denied or the heirs or assigns declare that they do not know it,
it is up to the party that produced the instrument to prove its authenticity. To this
end, it may promote comparison evidence, and that of witnesses, when it is not
possible to make a comparison.

If the authenticity of the instrument is found, it will be considered recognized, and

the costs will be imposed on the party that denied it, in accordance with the
provisions of article 276.

Article 446°
The comparison will be carried out by experts subject to what is provided in
Chapter VI of this Title.

Article 447°
The person who requests the comparison will designate the unquestionable
instrument or instruments with which it must be done.

Article 448°
The following will be considered undoubted for the comparison:

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1º The instruments that the parties recognize as such, by common agreement.

2º The instruments signed before a Registrar or other public official.

3º The private instruments recognized by the person to whom the one to be

verified is attributed; but not those that she herself has denied or not recognized,
even if they had previously been declared as hers.

4º The part recognized or not denied of the same instrument that is being
verified.

In the absence of these means, the presenter of the instrument whose signature
has been unknown or if it has been declared by the heirs or assigns not to know
it, may request, and the Court will agree, that the opposing party write and sign
in the presence of the Judge what this one dictates. If the party refuses to do so,
the instrument will be considered recognized, unless the party is physically
unable to write.

Article 449°
The evidentiary term in this incident will be eight days, which can be extended
up to fifteen, but the issue will not be resolved except in the ruling of the main
trial.

Article 450°
Recognition of a private instrument can be requested by main claim. In this case,
the procedures of the ordinary procedure and the rules of articles 444 to 448 will
be observed.

Chapter VI. Of the expertise

Article 451°
The expert opinion will only be carried out on points of fact, when determined by
the Court ex officio, in cases permitted by law, or at the request of a party. In the
latter case, it will be promoted in writing, or by diligence, indicating clearly and
precisely the points on which it must be carried out.

Article 452°
Once the evidence is admitted, the Judge will set a time on the second following
day to proceed with the appointment of the experts.

Article 453°
The appointment of experts, whether made by the parties or by the Judge, may
not fall except on people who, due to their profession, industry or art, have
practical knowledge of the subject matter to which the expertise refers.

If it is alleged that the person named does not have such conditions, the
interested party may request that he be replaced with another who has them and
the Judge will agree so, if the request is found to be justified by the information
provided, the party must proceed within the following twenty-four hours to
appoint another expert in place of the previous one, and if he does not do so, the
Judge will appoint him in his place.

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The expert appointed by the Judge may be substituted when both parties so
request.

Article 454°
When the expertise has been agreed upon at the request of a party, the parties
will attend at the appointed time to make the appointment, and in this case must
present proof that the expert designated by them will accept the position. In said
act, the parties will state whether they agree that it be carried out by a single
expert and will try to agree on their appointment. In the event that the parties
have agreed on a single expert but do not agree on his appointment, the expert
will be appointed by the Judge.

If they do not agree that it be carried out by a single expert, each of the parties
will appoint an expert and the Judge will appoint a third, provided that with
respect to the latter they do not agree on his appointment.

Article 455°
When the expert opinion has been agreed upon ex officio, the Judge will appoint
one or three experts, taking into account the importance of the case and the
complexity of the points on which the experts must rule.

Article 456°
In the case of consortium litigation, if the interested parties do not agree on the
appointment of the expert that corresponds to them, the Judge will proceed to
identify the names of the people they propose and the one chosen by lot will be
appointed. If only one of the co-litigators attends the event, he or she will appoint
the expert.

Article 457°
When one of the parties fails to attend the act of appointing the experts, the
Judge will make the appointment of the missing party and the third expert and if
none of the parties attends the act, it will be considered void.

Article 458°
On the third day following the day on which the appointment of the experts was
made by the parties, at the time set by the Judge, those appointed must attend
the Court without the need for notification to take the oath to faithfully perform
their duties. To this end, each party, by the mere fact of appointing its expert,
has the burden of presenting it to the Court at the opportunity indicated here.

If the appointed expert does not appear in a timely manner, the Judge will
immediately proceed to appoint another in his or her place.

Article 459°
In the expert opinion agreed ex officio or at the request of a party, the expert or
experts appointed by the judge will give their acceptance and oath within three
days following their notification.

Article 460°
In the same act of swearing in the experts, the Judge will consult each one of
them about the time they need to perform the position and then will set it without
exceeding thirty days and will also set the term of the round-trip distance from

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the place. where the diligence is to be carried out, if applicable.

Article 461°
In any case, the Judge may extend the time set for the experts, when they
request it before its expiration and deems it appropriate based on the reasons
given.

Article 462°
When the object of the expertise is of such a nature that in the opinion of the
experts the proceedings can be carried out immediately after the oath, they may
do so, rendering the opinion in a continuous act, with prior authorization from the
Judge.

Article 463°
The experts will jointly carry out the proceedings. The parties may attend the
event personally or by delegates that they will designate in writing addressed to
the experts and make the observations they deem appropriate, but they must
leave so that the experts deliberate alone.

Article 464°
The experts are obliged to consider in the opinion the written observations that
the parties or their delegates make to them, which will accompany the original
opinion.

Article 465°
The experts will proceed freely in the performance of their duties, but they may
not destroy or render useless the things submitted to their examination without
authorization from the Judge.

Article 466°
The experts together or through any of them must record in the records at least
twenty-four hours in advance, the day, time and place in which the proceedings
will begin, without prejudice to the attendance of the parties to them validate
what was done without such proof.

Article 467°
The experts' opinion must be submitted in writing to the Judge of the case or his
commissioner, in the manner indicated by the Civil Code. It will be immediately
added to the records and must contain at least: detailed description of what was
the subject of the expertise, methods or systems used in the examination and
the conclusions reached by the experts.

Article 468°
On the same day of its presentation or within the following three days, any of the
parties may request the Judge to order the experts to clarify or expand the
opinion, on the points that will be indicated with brevity and precision. The
Judge, if he considers the request to be founded, will agree to it without any
appeal and will establish a reasonable period for this purpose that will not
exceed five days.

Article 469°
The expert who fails to fulfill his assignment without legitimate cause will incur a

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fine of five hundred to two thousand bolivars, which the Judge will impose
according to the seriousness of the failure, without prejudice to the liability that
may be incurred.

Article 470°
In cases of absolute lack of any of the experts, another will be appointed in
accordance with the previous provisions; and in other cases of lack, only a new
deadline will be set to carry out the expert opinion. In any case, if the expert's
impediment lasts more than fifteen days, a new expert will be appointed in
accordance with the previous provisions.

Article 471°
A party may not challenge the expert it has appointed, or the one the Judge
appoints in its place, except for a supervening cause.

Chapter VII. From the judicial inspection

Article 472°
The Judge, at the request of any of the parties or when he deems it appropriate,
will agree to the judicial inspection of people, things, places or documents, in
order to verify or clarify those facts that are of interest for the intention of the
case or the content of documents.

The ocular inspection provided for in the Civil Code will be promoted and carried
out in accordance with the provisions of this Chapter.

Article 473°
To carry out the judicial inspection, the Judge will attend with the Secretary or
whoever acts in his place and one or more pilots of his choice when necessary.
The parties, their representatives or attorneys may attend the event.

Article 474°
The parties, their representatives and attorneys may make verbally to the Judge
any observations they deem appropriate, which will be inserted in the minutes, if
they so request.

Article 475°
The Judge will have the report of what was carried out in the minutes, without
advancing an opinion or formulating assessments, and its preparation will
proceed in accordance with the provisions of Article 189. The Judge may also
order the reproduction of the act by any of the means, instruments or procedures
contemplated in Article 502, if possible.

Article 476°
The functions of the pilots will be reduced to giving the Judge the reports that he
deems necessary to better carry out the diligence, reports that he may also
request from another person, swearing him in.

The fees of the pilots will be set by the Judge, in charge of the party presenting
the evidence, or of both parties, in half, if it has been ordered ex officio.

Chapter VIII. From the evidence of witnesses

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 Section 1. Of the witnesses and their statements

Article 477°
The following may not be witnesses in court: children under twelve years of age,
those who are interdicted due to insanity, and those who profess to testify in
court.

Article 478°
Nor can the magistrate testify in the case in which he is hearing; the lawyer or
representative of the party he represents; the seller, due to eviction on the thing
sold; partners in matters that pertain to the company. The presumed heir, the
donee, anyone who has an interest, even if indirect, in the results of a lawsuit,
and the close friend, cannot testify in favor of those with whom they understand
these relationships. The enemy cannot testify against his enemy.

Article 479°
No one can be a witness against or in favor of their ascendants or descendants
or their spouse. The domestic servant may not be a witness either for or against
the person in his service.

Article 480°
Nor can blood or related relatives be witnesses on behalf of the parties who
present them: the first up to the fourth degree, and the others up to the second
degree, both inclusive. Exceptions are those cases in which it is necessary to
prove kinship or age, in which relatives can be witnesses, even if they are
ascendants or descendants.

Article 481°
Any person qualified to be a witness must give a statement. They may, however,
excuse themselves:

1º Blood relatives up to the fourth degree and affinities up to the second.

2º Those who, due to their status or profession, must keep secret regarding the
fact in question.

Article 482°
When promoting the evidence of witnesses, the party will present to the Court
the list of those who must testify, stating the address of each one.

Article 483°
Once the evidence is admitted, the Judge will set a time on the third following
day for the examination of the witnesses, without the need for a summons
unless the party expressly requests it.

Each party will have the burden of presenting to the Court the witnesses who do
not need a subpoena at the indicated opportunity. The Court may, however,
establish different opportunities for the examination of witnesses from both
parties.

In cases of commission given to another Judge in the same locality to receive

the witness's statement, the determination will be made by the commissioned

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Judge.

If a witness does not appear at the indicated opportunity, the party may request
that a new date and time be set for their statement as long as the period has not
expired.

Witnesses domiciled outside the place of the trial may be presented by the party
for examination before the Judge of the case or another commissioner of the
same place, for which purpose the party will make the corresponding
announcement at the promotion event. Otherwise, the witness will give his
statement before the Judge of his domicile or residence, commissioned for this
purpose.

Article 484°
When several witnesses are called by the same party to testify outside the place
of trial and at different addresses, if the promoting party does not make use of
the power conferred by the last part of Article 483, separate evidence dispatches
will be issued to the different witnesses. commissioned judges, taking into
account the calculation rule referred to in Article 400, paragraph 2 of this Code.
The same procedure will be followed when dealing with various means of
evidence to be stored in different places, outside the headquarters of the Court
of the case.

Article 485°
The witnesses will be examined in public, confidentially and separately from
each other. The interrogation will be formulated out loud by the party promoting
the witness or by his or her attorney. Once the interrogation has concluded, the
opposing party or his representative may verbally question the witness about the
facts to which the interrogation has referred or others that tend to clarify, rectify
or invalidate the witness' statement. Each question and cross-question will deal
with a single fact.

In any case, the Judge may consider the witness sufficiently examined and
declare the interrogation over. The statement of the witness will be recorded in a
record that will be signed by the Judge, the Secretary, the witness and the
parties or their representatives present, unless some technical means of
reproduction or recording of the act is used, in which case it will proceed. as
indicated in article 189 of this Code.

Article 486°
Before answering, the witness will take an oath to tell the truth and will declare
his or her name and surname, age, status, profession and address and if he or
she is unable to testify, for which purpose the corresponding articles of this
section will be read to him or her.

Article 487°
The Judge may ask the witness any questions he deems appropriate to illustrate
his own judgment.

Article 488°
Only the Judge may interrupt the witnesses in the act of testifying, to correct any

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excess. It must protect them against all insults and make effective all the
freedom they should have to tell the truth.

Article 489°
The Judge, if he deems it appropriate, may order that the examination of the
witness be carried out in the place to which his depositions are to refer.

Article 490°
The Judge may also go to the witness' home, if he or she has a justified
impediment to appear, so that he or she may be examined there, thus providing
by order of the Court, issued at least the day prior to that on which the witness is
to be verified. exam.

Article 491°
Once the statement is finished and the minutes are drawn up, it will be read to
the witness so that they can express their agreement or make any observations
that occur to them; and then he will sign it with the Court and the parties that
have attended, if the witness and the parties know and are able to do so.

Article 492°
The record of examination of a witness will contain:

1º The indication of the day, hour, month and year in which the examination of
the witness was verified and the deferral that was made to another day if the
statement had not been concluded on that day.

2º The mention of having fulfilled the requirements of article 486.

3º The answers you have given to the interrogation, and the reasons on which
you have based your statement.

4º The questions asked by the opposing party, their representative, or the

Judge, and the respective answers.

5º If the witness has requested compensation, and what was the agreed
amount.

6º The proof of having read the deposition, the agreement that the witness has
given or the observations that have been made.

7º The signatures of the Judge and his Secretary.

8º The signature of the witness, if he knows how and can sign, or the proof that
he does not know or cannot do so.

9º The signatures of the interpreters, if any, and those of the parties and
representatives who attended the event.

Article 493°
If it is not possible to examine all the witnesses on the same day, the Judge will
immediately appoint another day and time to continue the examination.

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Article 494°
The persons whose testimony is needed at trial must appear precisely without
prior permission from their respective superiors, but giving advance notice to
them, to give a statement before the Court and may not be excused for reasons
of privilege or for any other reason. Contumacious persons will pay a fine not
exceeding one thousand bolivars or proportional arrest.

Article 495°
The following are excepted from the provisions of the first part of the previous
article: The President of the Republic or whoever acts in his place; the Ministers,
Senators and Deputies to the Congress of the Republic during the period of
immunity, the Magistrates of the Supreme Court of Justice, the Governors of
States, Federal Territories and the Federal District, the Archbishops and Bishops
of Archdioceses and Dioceses, and the members of the Military High Command.

The parties may request that the excepted persons answer, by official letter or in
writing addressed to the Court, the points of the interrogation and the written
questions presented by the moving party, or that they give their statement before
the court constituted in the residence of the witness, who must then respond. to
verbal questions asked by the other party.

The Heads of Diplomatic Missions and those of their employees who enjoy
extraterritoriality are not obliged to testify. When they spontaneously consent to
this, the Court will issue a rogatory to them for the purposes of the previous
paragraph.

Article 496°
If the witness justifies that he could not appear on the appointed day, the Court
will exempt him from the penalty, after he has given his statement in the case.

Article 497°
The witness who demands that he be compensated for the damages and
expenses that his attendance at the Court has caused him or may cause him,
and those that his return to his home will cause him, if he resides outside the
town, will request, before testifying, the amount that you consider fair. The Court
may reduce it if it finds it excessive, and the witness will, in any case, be obliged
to appear and give his or her statement.

Article 498°
The witness will not be able to read any paper or writing to answer: he will
answer verbally on his own the questions asked. However, after hearing the
parties, the Court may allow you to consult its notes when amounts are involved,
and also in difficult or complicated cases in which the Court's prudence deems it
necessary.

Section 2. From the witness label

Article 499°
The person of the witness may only be struck out within five days following the
admission of the evidence. Even if the witness is crossed out before the
statement, it will not stop being taken, if the party insists on it. The mere

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presence of the moving party at the witness's statement will be considered
insistence.

Article 500°
The party may not cross out the witness presented by herself, even if the
opposing party also uses her testimony, unless she has been bribed, in which
case her testimony will not be valid in favor of the party that bribed her.

Article 501°
Once the deletion is proposed, it must be verified in the rest of the term of
evidence, also admitting those promoted by the opposing party to contradict it.

Chapter IX. Of reproductions, copies and experiments

Article 502°
The Judge, at the request of any of the parties and even ex officio, may order
the execution of plans, tracings and copies, even photographs, of objects,
documents and places, and when deemed necessary, cinematographic or other
productions that require the use of mechanical means, instruments or
procedures.

Article 503°
To verify that an event has occurred or could have occurred in a certain way, the
reconstruction of that event may also be ordered, eventually having its
photographic or cinematographic reproduction executed. The Judge must attend
the experiment, and if he considers it necessary, he may entrust the execution to
one or more experts that he will designate for this purpose.

Article 504°
If this is appropriate for the evidence, the obtaining of x-rays, fluoroscopy,
hematological, bacteriological and any other scientific analyzes may also be
arranged by an expert of recognized aptitude, appointed by the Court.

Article 505°
If the material collaboration of one of the parties is necessary to carry out
inspections, reproductions, reconstructions and experiments, and the party
refuses to provide it, the Judge will order the party to provide it. If, despite this,
their resistance continues, the Judge will order that the procedure be annulled,
and may interpret the refusal to collaborate in the evidence as a confirmation of
the accuracy of the opposing party's statements in this regard.

If the test must be carried out on the human person, and there is an unjustified
refusal on the part of the latter to collaborate in the test, the Judge will order that
the procedure be annulled, and may draw from the refusal to collaborate in the
test the presumptions that his prudent discretion deems. advise.

Chapter X. On the burden and appreciation of proof

Article 506°
The parties have the burden of proving their respective factual assertions.
Whoever requests the execution of an obligation must prove it, and whoever
claims that he has been released from it, must for his part prove the payment or

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the extinguishing fact of the obligation.

The known facts are not subject to test.

Article 507°
Unless there is an express legal rule to evaluate the merit of the evidence, the
Judge must evaluate it according to the rules of sound criticism.

Article 508°
To evaluate the evidence of witnesses, the Judge will examine whether their
statements agree with each other and with the other evidence, and will carefully
estimate the reasons for the statements and the trust that the witnesses deserve
due to their age, life and habits, for the profession they practice and other
circumstances, rejecting in the sentence the statement of the unskilled witness,
or of one who appears not to have told the truth, either due to the contradictions
incurred, or for another reason, even if it had not been crossed out, expressing
the basis for such determination.

Article 509°
The Judges must analyze and judge all the evidence that has been produced,
even those that in their opinion are not suitable to offer any element of
conviction, always expressing whatever the Judge's criteria regarding them is.

Article 510°
The Judges will appreciate the evidence resulting from the proceedings as a
whole, taking into consideration their severity, agreement and convergence with
each other, and in relation to the other evidence in the proceedings.

Title III. Of the decision of the case

Chapter I. From the hearing and sentence in First Instance

Article 511°
If the constitution of the Tribunal with associates has not been requested within
the term indicated in article 118, the reports of the parties will be presented on
the fifteenth day following the expiration of the evidentiary period at any time of
those set on the table referred to. article 192.

Once the election of associates is requested, the reports of the parties will be
presented on the fifteenth day following the constitution of the Tribunal with
associates.

Article 512°
The parties will present their reports in writing, which will be added to the
records. However, the Judge, at the request of the party, may set one or several
days for the parties to read said reports.

Failure to submit the reports will not cause the case to be interrupted and the
Court will issue its ruling within the period indicated in article 515.

Article 513°
Once the reports have been presented, each party may present to the Court its

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written observations on the opposing party's reports, within the following eight
days, at any time established on the table referred to in article 192.

Article 514°
After the reports have been presented within the peremptory period of fifteen
days, the Court may, if it deems appropriate, issue an order to better provide, in
which it may agree:

1º Have any of the litigants appear to question them about some important fact
of the process that appears doubtful or obscure.

2º The presentation of any instrument of the existence of which there is some

information in the process, and which is judged necessary.

3º That a judicial inspection be carried out in some locality, and a sketch be

formed on the points that are determined, or that a process that exists in a public
archive be kept in view, and certification of some minutes be put, provided that
In the lawsuit in question there is some circumstance of such process and they
are related to each other.

4º That some expert opinion be carried out on the points established by the
Court, or that what exists in the record be expanded or clarified.

In the order to better provide, a sufficient term to comply with it will be indicated.
No appeal will be heard against this order; fulfilled, the parties may make to the
Court, before the ruling, the observations they deem pertinent regarding the
actions carried out.

The expenses caused by these actions will be borne by the parties in half,
without prejudice to what is resolved regarding costs.

Article 515°
Once the reports have been presented, or the order to better provide has been
fulfilled, or after the deadline established for compliance, the Court will issue its
ruling within the following sixty days. This period will be allowed to elapse in its
entirety for the purposes of the appeal.

The Judges will try to sentence the cases in the order of their seniority.

Chapter II. Of the Second Instance procedure

Article 516°
When the appeal files arrive, the Secretary of the Court will record the date of
receipt and the number of pages and pieces it contains and will inform the Judge
or President.

Article 517°
If the constitution of the Court with associates has not been requested within the
term indicated in article 118, the reports of the parties will be presented on the
twentieth day following receipt of the records if the sentence is final and on the
tenth day if it is interlocutory. .

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The parties will present their reports in writing, at any time set on the table
referred to in article 192.

Article 518°
Once the election of associates is requested, they will be chosen as indicated in
article 118 et seq., but the term referred to in the previous article for the
presentation of the reports of the parties will begin to be counted from the day
following that on which there is The Court was constituted with associates.

Article 519°
Once the reports have been presented, each party may present to the Court its
written observations on the opposing party's reports, within the following eight
days, at any time established on the table referred to in Article 192.

If one of the parties attaches a public document with its reports, the opposing
party may make the pertinent observations on it within the period indicated in
this article, without prejudice to its right to cross out the document in accordance
with article 440 of this Code.

Article 520°
In the second instance, no other evidence will be admitted except that of public
instruments, positions and the decisive oath.

The former may even produce the reports, if they are not those that must be
accompanied with the demand; the positions and the oath may be evacuated
until the reports, provided that it is requested within five days following the arrival
of the records to the Court.

The Court may issue an order to better provide, within the limits expressed in
article 514.

Article 521°
Once the reports have been presented or the order has been complied with to
better provide or after the term indicated for its compliance, the Court will issue
its ruling within the following thirty days if the sentence is interlocutory and sixty
days if it is final.

This period will be allowed to elapse in its entirety for the purposes of
announcing the appeal.

Article 522°
If the appeal is not announced in a timely manner, the Court will immediately
forward the proceedings to the person responsible for executing the sentence.

If the appeal against the final decision is announced and admitted, it will be
processed by immediately sending the file to the Supreme Court of Justice. If the
announced appeal is not admitted, the Court will return the records to the lower
court for the execution of the sentence, five days after the date of refusal to
admit the appeal.

If the factual appeal to the Supreme Court of Justice is announced in due

course, the proceeding will be in accordance with the provisions of article 316 of

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this Code.

If there has been an appeal of cassation, and it is declared admissible, the Court
to whom it corresponds will issue the new sentence within forty days following
the date of receipt of the file, sending it, after the ten days that are given for the
filing of the annulment appeal to the Court to whom execution corresponds. If an
appeal for annulment is proposed, the file will be sent again to the Supreme
Court of Justice with the greatest urgency.

In any case, the Superior Court will leave a certified copy of the sentence it has
pronounced, at the expense of the interested party.

Title IV. Of the execution of the sentence

Chapter I. General disposition

Article 523°
The execution of the sentence or any other act that has such force will
correspond to the Court that heard the case in the first instance. If it is an
arbitration court that has heard in the first instance, execution will correspond to
the natural Court that would have heard the matter if the arbitration had not been
carried out.

Article 524°
When the sentence has become definitively final, the Court, at the request of the
interested party, will issue a decree ordering its execution. In said decree, the
Court will establish a period that will not be less than three days nor more than
ten, for the debtor to carry out voluntary compliance, and forced execution may
not begin until said period has fully elapsed without the obligation having been
voluntarily complied with. judgment.

Article 525°
The parties may, by mutual agreement recorded in the record, suspend
execution for a time that they will determine exactly, as well as carry out acts of
voluntary composition with respect to compliance with the sentence.

Once the term of the suspension has expired or the agreement has not been
fulfilled, execution will continue as provided in this Title.

Article 526°
After the period established in article 524 has elapsed, without the sentence
having been voluntarily complied with, the forced execution will proceed.

Article 527°
If the sentence has been imposed on a liquid amount of money, the Judge will
order the seizure of assets owned by the debtor that do not exceed double the
amount and costs for which execution is still being carried out. Since the debt is
not liquid, the Judge will order what is convenient for the liquidation to be carried
out in accordance with the provisions of article 249. Once the liquidation is
verified, the embargo referred to in this Article will be carried out.

The court may commission the execution acts by issuing an execution order, in

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general terms, to any competent Judge of any place where the debtor's assets
are located.

The execution order will order:

1º That assets belonging to the debtor be seized in an amount that does not
exceed double the amount and costs for which the execution is continued.

2º That the seized assets be deposited following the provisions of articles 539 et
seq. of this Code.
3º That in the absence of other assets of the debtor, any salary, salary or
remuneration that he enjoys is seized, following the scale indicated in article
598.

Article 528°
If the sentence has ordered the delivery of any movable or immovable property,
the delivery will be carried out, using public force, if necessary.

If the movable item cannot be obtained, its value may be estimated at the
request of the applicant, proceeding then as if it were a payment of an amount of
money.

Article 529°
If the sentence has condemned the fulfillment of an obligation to do or not to do,
the Judge may authorize the creditor, at his request, to have the obligation
executed himself or to destroy what has been done in contravention of the
obligation not to do, at the expense of the debtor.

In the event that the creditor does not make such a request or that the nature of
the obligation does not allow execution in kind or makes it too onerous, the credit
will be determined in an amount of money and then proceed as established in
Article 527. .

Article 530°
If the sentence has alternatively ordered the delivery of one of several things and
the debtor to whom the choice corresponds does not comply with the sentence
within the period indicated in article 524, the creditor may request the delivery of
any one of them. , at your choice, and will proceed as indicated in article 528 of
this Code; all without prejudice to the provisions of the Third Section, Chapter II,
Third Title, Third Book, of the

Civil Code for cases in which one or all of the things promised alternatively have
perished.

Article 531°
If the party that is obliged according to the ruling to conclude a contract does not
fulfill its obligation, and whenever possible and not excluded by the contract, the
ruling will produce the effects of the unfulfilled contract. If these are contracts
that have as their object the transfer of ownership of a specific thing, or the
constitution or transfer of another right, the ruling will only produce these effects
if the party that has proposed the demand has fulfilled its provision, otherwise
which there must be authentic evidence in the records.

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 Chapter II. Of the continuity of the execution.

Article 532°
Except as provided in article 525, execution, once begun, will continue by law
without interruption, except in the following cases:

1º When the executed party alleges that the statute of limitations has expired
and this is evidenced by the minutes of the process. If the performer claims to
have interrupted the prescription, an evidentiary articulation of eight days will be
opened to promote and evacuate the evidence and the Judge will decide on the
ninth day. An appeal will be heard freely from this decision if the Judge orders
the suspension of execution and for the sole return effect if he orders the
continuation.

2º When the executed party claims to have fully complied with the sentence by
paying the obligation and submits an authentic document proving it in the same
act of opposition. In this case, the Judge will carefully examine the document
and if payment appears evident, he will suspend execution; Otherwise, it will
arrange for its continuation. An appeal will be freely heard from the Judge's
decision if the Judge orders the suspension of execution and for the sole return
effect if he orders its continuation.

The challenge of the document and the subsequent trial of impeachment will not
be cause for suspension of execution.

Article 533°
Any other incident that arises during execution will be processed and resolved
through the procedure established in article 607 of this Code.

Chapter III. From the seizure of assets

Article 534°
The embargo will be carried out on the assets of the executed person indicated
by the executor. At any time when the executed person places sufficient assets
at the disposal of the Court to carry out the execution, the Court will order the
lifting of the embargo that has been placed on the property that serves as his
residence.

The same asset may be subject to several seizures. The rights of those who
have had them practiced will be graduated in order of seniority. Once the
property has been auctioned, the right of the embargoes will be transferred to
the price in the same order and amount in which the embargoes have been
carried out. Legal preferences and privileges remain safe.

Article 535°
When the thing seized is a property or a right that the executed person has over
it, the Judge will ex officio participate in the seizure to the Registrar of the District
where the property is located, indicating its boundaries and other circumstances
that determine it differently, so that it can be Refrain from registering any deed
that deals with the lien or alienation of the seized property. The Registrar will be
responsible for any damages caused by failure to comply with the Judge's order.

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Article 536°
To carry out the seizure, the Judge will go to the place where the object of the
seizure is located and will proceed to notify the executed person or any other
person who is at the site of the Court's mission. He will then declare the legal
dispossession of the executed person consummated and deliver the thing by
inventory to the Depositary that he will appoint, previously, drawing up a record
containing the description of the things seized and the other circumstances of
the act.

Article 537°
If the executed person occupies the property, the Court will set the amount that
he must pay to continue occupying it until the auction, adjusting as far as
possible to the provisions on rent regulation. Payments will be made in advance
monthly installments and in case of non-compliance the Court will order the
vacancy of the property and will carry it out using public force if necessary.

Article 538°
If among the seized things there are corruptible things, the Judge may, after
hearing both parties, authorize the Custodian to carry out the sale of said things,
after estimating their value by an expert to be appointed by the Court. Said sale
will be announced through a single poster that will be published in a newspaper
that circulates in the town, and this may be dispensed with in the event that the
fear of corruption of the assets is of such a nature that makes said omission
necessary. The proceeds of the sale, which will favor whoever offers the highest
cash price above the price set by the expert, will be used for the purposes of
execution.

Chapter IV. Provisions relating to the deposit of seized property

Article 539°
All judicial deposits will be entrusted to persons legally authorized for this
purpose. If there are no legally authorized persons in the place where the assets
are located, or if due to urgency they cannot go to the site of seizure, the Court
may entrust the Deposit to a solvent and responsible person, until the Deposit is
made to a qualified person. by the law.

Article 540°
Except as provided otherwise in the Judicial Deposits Law or other special laws,
the amounts of money seized and those produced by the assets on which the
execution is carried out, will always be deposited in an account that the Court
will maintain for this purpose. a local bank. For this purpose, they will require
said amounts from whoever receives them. The Court's account will be opened
in the form of a current account, but if amounts greater than five thousand
bolivars are involved, the account will be opened in the form of a savings
account in the name of the executor, but said account cannot be mobilized
without the joint signature of the Judge and the Court Clerk. The interest that the
amounts of money deposited may produce will belong to the part that
corresponds to it by law. In the event of the death of the account holder, the
depositary bank will deliver to the Court the amount deposited with interest. The
Court's current account will be mobilized with the joint signature of the Judge
and the Principal Secretary of the Court. The Court will keep a book up to date

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that clearly shows the status of the deposits with a specification of the lawsuit
that caused them, with the name of the parties and the file number.

Article 541°
The Depositary has the following obligations:

1º Receive the good through inventory, and take care of it like a good father of a
family.

2º Have the assets at the disposal of the Court, and return them when required
to do so.

3º Make the necessary expenses for the conservation of the thing, and the
collection, benefit and realization of the fruits.

4º Not use the seized item without the express consent of the parties; neither
rent it, nor give it on loan; nor pawn it; nor pledge its fruits except with express
authorization from the Court, which will not be agreed upon without allowing
three days to pass from the date of the request, so that the parties can explain
what they deem appropriate in this regard.

5º Exercise the necessary actions to recover things when they have been
dispossessed.

6º Present the account of your management within five days following the
judicial auction, or within the period set by the Judge. If the account is not
presented within said period, the Depositary will suffer the loss of its right to
collect emoluments. You must also submit monthly account statements.

7º The others that the laws indicate.

Article 542°
The Depositary has the following rights:

1º Collect and receive rents, rentals, rental pensions, salaries and seized credits.

2º Receive and sell the fruits of the seized property, with prior authorization from
the Court.

3º Collect their emoluments in the amount and manner provided for by law.

Article 543°
If among the seized assets there are animals and objects susceptible to use, the
Custodian, with prior authorization from the Court with a hearing of the parties,
may authorize said use by offsetting the deposit expenses.

Article 544°
Once the account is presented by the Depositary, the procedure established in
the Law on Judicial Deposits will be followed for the approval and objections of
the account.

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Article 545°
In no case may the performer be named Depositary, except in the case of a
special and express provision of the law; nor to officials and employees of the
Court; nor to the relatives of the aforementioned persons included within the
fourth degree of consanguinity, their dependents or their domestic servants,
without the express consent of the executed person. Neither the executed
person nor the people who have the relationships expressed in the previous
section can be Depositaries without the consent of the executor.

Chapter V. From the opposition to the embargo and its suspension

Article 546°
If when carrying out the seizure, or after it has been carried out and until the day
following the publication of the last auction notice, a third party appears claiming
to be the legitimate holder of the thing, the Judge, even if acting by commission,
in the same act, The embargo will be suspended if it is truly in his possession
and the opponent presents reliable proof of ownership of the thing through a
valid legal act. But if the executor or the executed object in turn to the claim of
the third party, with other reliable evidence, the Judge will not suspend the
embargo, and will open an evidentiary articulation of eight days on who should
be attributed the possession, deciding on the ninth , without granting a distance
limit.

In his ruling, the Judge will revoke the seizure if the third party proves his
ownership of the thing. Otherwise, the seizure will be confirmed, but if it is
proven that the opponent is only a precarious possessor in the name of the
executed person, or that he only has an enforceable right over the seized item,
the seizure will be ratified but respecting the right of the third party. If the thing
that is the object of the seizure produces fruit, it will be declared seized and its
product will be used to satisfy the execution. In the latter case, the thing may be
subject to auction, but the person to whom it is awarded will be obliged to
respect the right of the third party, and when determining the fair price of the
seized thing, this circumstance will be taken into account. An appeal will be
heard from the decision in a single effect, and in cases in which in accordance
with article 312 of this Code it is admissible, the appeal of cassation. If all
resources are exhausted, the sentence will produce res judicata, but the losing
party, instead of appealing the first instance sentence, may propose the
corresponding third-party trial, if applicable.

Article 547°
If after the embargo is carried out, more than three months pass without the
executor promoting the execution; The seized assets will be released.

Article 548°
The executor may request that the embargo made for the purpose of execution
be transferred from some assets to others, and that new assets be seized in
addition to those already seized, and the Judge will decree so, if from the
justification that has been made, he deduces that will be necessary for the
effectiveness of the execution. In the case of a mortgage, the seizure will be
limited to the mortgaged assets and the creditor may only request the seizure of
other assets when the mortgaged assets have been auctioned and have proven

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insufficient for payment. With respect to the foreclosure of properties that are not
mortgaged, they will have the rights of an unsecured creditor.

Chapter VI. Of the effects of the embargo

Article 549°
Any legal business of administration or disposition carried out by the executed
person on the seized property after the seizure has been carried out if the thing
is movable, or received by the Registrar of the jurisdiction to which the property
corresponds the participation that the Court will make for that purpose, will be
radically null and void, even without a declaration from the Judge.

The seized item may be pursued in the hands of any person in whom it is found
and returned to the Depositary by simple order of the Judge who carried out the
seizure.

Chapter VII. From auction advertising

Article 550°
The auction of the seized assets may not proceed until the provisions of this
Chapter have been complied with, unless otherwise provided by special
provisions.

Article 551°
The auction of the movable property will be announced, on three different
occasions, every three days, by means of posters that will be published in a
newspaper in the place where the Court has its headquarters and, also, in one of
the place where the property is located. if such were the case. If there is no
newspaper in the locality, the publication will be made in a newspaper in the
capital of the State and in another in the capital of the Republic that has
circulation in the place where the auction will take place.

Article 552°
The auction of the real estate will be announced, on three different occasions,
every ten days, through posters that will be published in the same manner
indicated in the previous article.

Article 553°
The calculation of the days that must intervene between the different
publications will be done as established in Article 197.

Article 554°
The parties may, by mutual agreement concluded during execution, carry out the
auction based on the publication of a single poster, provided that there are no
interested third parties who could be harmed by the suppression. If a third party
appears challenging the agreement of the parties, and proves their interest
before the Judge, the agreement will be annulled and publications will be made
in the forms provided for in this Chapter.

Article 555°
The signs will indicate:

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1º The names and surnames of both the performer and the executed.

2º The nature of the thing, and a brief description of it, and if it is immovable, its
location and boundaries, stating whether the auction will concern the property or
any other right.

In the last sign, or in the only sign if there has been suppression by agreement of
the parties, the fair price of the soda will also be indicated, or of each of them if
there are several; the liens it has, and the place, day and time in which the
auction will take place.

To know the liens, the Judge will inform the Registrar of the place where the
property is located with due advance notice, requesting information about them.
These procedures will be carried out at the expense of the performer.

Chapter VIII. Of the fair price

Article 556°
After the seizure has been carried out, the appraisal of the seized items will be
carried out by experts who will be appointed, one for each party, associated with
a third party who will be chosen by the same parties, or who, in their absence
due to non-attendance or disagreement in their appointment, will designate the
Court. When appointing their expert, they will record in the same act a written
statement from the designated one, signed by the latter, stating that they will
accept the election. If the party does not record the statement referred to in this
article, the appointment will be made by the Judge in the same act.

To be an appraiser expert, it is necessary to reside in the place where the goods

are located and have practical knowledge of the characteristics, quality and
prices of the things that will be subject to fair pricing.

If there are things of a different type and nature, as many expert reports will be
carried out as necessary, with the Court determining those that must be carried
out separately.

The challenge against the experts must be proposed on the same day of their
appointment or on the two subsequent days. Once this is proposed, the expert,
or the party that appointed him, will record, within three days following the
proposal of the challenge, the reasons that must be invoked against it and the
incidence of challenge will be open to evidence for eight days, deciding the
Judge to the ninth. If the challenge is declared valid, the Judge, in the decision
he pronounces on the matter, will appoint the new expert who will replace the
challenged person.

Article 557°
When the goods that are to be subject to justification are located outside the
jurisdiction of the Court, the latter will commission one of the same category from
the place where the goods are located, to carry out the procedures for
justification.

Article 558°
Once the experts have been appointed and the opportunity for their challenge

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has passed, the parties will present to the Court those they have appointed so
that the Judge can take an oath to carry out his assignment with honesty and
conscience. If there are experts appointed by the Court, they will be notified by
means of a ballot, unless they appear voluntarily. Once the experts are sworn in,
the Judge, in agreement with them, will set an opportunity for them to attend the
Court, and meeting at the indicated opportunity, they will hear the observations
that the parties wish to make to them that may contribute to establishing the
rational value of the things. If the parties do not attend, or once they have been
heard if they do, they will confer privately at the same headquarters of the Court
and proceed to fix the fair price, which will be set by majority vote. If there cannot
be an agreement between the experts to set the fair price, the Judge will hear
the reasons of each one, and in the same act will establish the fair price.

Article 559°
A record will be drawn up from the meeting and decision of the experts that will
contain the reasons and arguments that served as the basis for setting the fair
price and the value assigned to the good or goods that are the object of it. The
experts may also record the fair price in writing that they will deliver to the Court
on the day set for the meeting.

Article 560°
The fair price set by the experts in accordance with the previous provisions will
be binding on the Judge.

Article 561°
On the same day of the meeting of the experts in the Court to set the just price,
the parties may challenge the result due to error regarding the identity or quality
of the item valued, which they will prove within the following five days, with the
Judge resolving the sixth day of the challenger's claim, and if the fair price
established by the experts is declared firm, a fine of one thousand bolivars will
be imposed on the challenger. No appeal will be heard from the Judge's
decision.

Article 562°
The parties may, by mutual agreement concluded during the execution, carry out
the fair price of the goods that will be the subject of the auction, provided that
there are no interested third parties who could be harmed by the fixing they
make. In the event that a third party appears and challenges the determination
made by the parties, proving their interest before the Judge, the determination
made by the parties will be disregarded and the fair price will be determined by
means of experts in the manner provided for in this Chapter.

Chapter IX. From the auction and sale of goods

Article 563°
Once the day and time indicated in the last or only auction poster for carrying out
the auction arrives, it will be carried out subject to the following provisions.

Article 564°
When the movable property is exposed to corruption or deterioration, or subject
to suffering in value due to delay, or if it would incur deposit expenses that are

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not related to its value, the Court will put it up for auction by publishing a single
poster even when the fair price has not been made, and will set the opportunity
and place it deems appropriate to carry it out, but letting the public know the day
and time of the sale. The award will be made to the highest bidder, and only
cash and immediate payment proposals will be accepted. The Judge will be
responsible for the damages caused to the parties by carrying out an auction in
accordance with the provisions of this article if it is proven that there was no
need to do so.

Article 565°
Once the moment of the auction has arrived, the Judge will meet with the
Secretary, and will proceed to set the security that the bidders must provide for
their proposals to be admitted. Once the bonds have been offered, the Judge will
examine them, and if he finds them convenient and acceptable, he will declare
them constituted in the same act. The performer's credit will be accepted as
collateral. Next, the Secretary will read the certifications related to the freedom
or liens that may affect the properties, and any other information that the Judge
considers appropriate. Continuously, a period of no less than fifteen minutes nor
more than one hour will be established to hear the purchase proposals, which
will be recorded if the bidder so requires. Once the time set to hear the
proposals has expired, the Judge will examine those that have been made and
will award the good bid to the highest bidder if their proposal is for payment in
cash, and immediately, or to the highest bidder in the event that the highest
bidder is not in cash. cash and immediate payment.

Article 566°
Once the auction has begun, it will continue until its consummation, for which the
necessary time will be considered enabled without request from the parties.

Chapter X. Cancellation of the auction price

Article 567°
When the auction has not been carried out on time, the successful bidder must
deliver the price within three days following the day in which the award was
made.

Article 568°
If the thing is awarded to the executor, he will record only the part in which the
price exceeds his credit, if he alone has seized the thing, and in the case of
other creditors, the part of the price to which he does not have right. In any case,
if there is doubt, the part of the price that falls on it will be recorded in the
meantime.

Article 569°
The purpose of the bond referred to in Article 565 is to cover the expenses
caused by a new auction in the event of non-payment of the price by the
successful bidder within the period established in Article 567, and those of
extending the deposit until the new payment of the price by the subsequent
successful bidder.

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Article 570°
If the successful bidder does not submit the price within the period established in
article 567, a new auction of the item will be carried out on his own account,
charged to the security he has provided.

Article 571°
In this case, the auctioneer will be responsible for the value of the auction, the
things and the damages caused.

If the sale price is higher, the previous auctioneer will take advantage of the
excess, only to cover the responsibility imposed by this article.

Proceedings will be taken against the auctioneer to enforce his responsibility as

if there had been an executory sentence against him.

Article 572°
The award at the auction transmits to the successful bidder, once the auction
price has been paid, the same and equal rights that the person to whom it was
auctioned had over it, and, with the sole exception established in the sole
section of article 1,911 of the Civil Code, transmits not only the property and
possession that the executed person had, but also all the rights he had, whether
principal, accessory and derivative over the thing.

After paying the price, the successful bidder has the right to be put in possession
of the thing awarded to him by the Court, which will use public force, if
necessary, to carry out such an act. The possession acquired by the successful
bidder by virtue of the award is legitimate possession. In cases in which the
award has been carried out through the proposal of payment of the price in
installments, the awarded thing is affected to guarantee the payment of the price
with a legal mortgage if the thing is immovable and with a pledge without
detachment of possession if it is movable.

Article 573°
Once the auction has been verified, the Secretary of the Court will have the duty
to give, within the third day, to the auctioneer who requests it and has complied
with the obligations imposed in the auction, a certified copy of the minutes of the
auction to serve as a title of ownership. .

This copy will be given at the auctioneer's expense.

Article 574°
When the assets to be auctioned, movable or immovable, are several that
constitute separable units, they will be auctioned one by one, following the order
indicated by the executed person or, failing that, the Court. If the proceeds from
the auction of one or more assets are sufficient to satisfy the amount of the
execution, the auction will be suspended with respect to the remaining assets
and they will be declared free of seizure.

Article 575°
To make acquisition proposals at an auction, exercise capacity is required and
not be subject to any of the prohibitions established in articles 1,481 and 1,482
of the Civil Code. The agent requires express authority to be able to make

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proposals for his or her principal.

Article 576°
Proposals in installments will be accepted, if the performer and the executed
party accept them, or if the former accepts them, immediately being satisfied
with the price offered, provided that this price is not higher than the credit. If so,
the consent of whoever is interested in the rest of the price will also be required.

Article 577°
For the first act of the auction, half of the fair price will be taken as a base. If
there are no proposals that reach said minimum, a second auction will be held,
which will be announced through a single poster in the manner established in
article 551, indicating a new opportunity that will be set between fifteen and thirty
days after it is declared void. the first, to carry it out. In this second act of
auction, the basis of the auction will be two-fifths of the fair price.

Article 578°
If in the second auction referred to in the previous article, there is no position
that covers the basis or is accepted by the parties, they will attend on the third
following day, in order to seek an agreement on a new basis for auction,
administration or leasing of the thing that is in execution, or about some other
means of alleviating the difficulty.

If nothing is achieved for this purpose, or if any of the parties fails to attend the
hearing, the Judge will set the fifth day to proceed, in a third auction, to lease the
property under the conditions stipulated by the parties, or that the Judge
establishes in their absence.

If the conditions are determined by the Judge, he will ensure that the time of the
lease, or that of the administration, does not exceed that necessary to pay the
amount that is the subject of the execution, with its interests and expenses.

Article 579°
At the auction for administration or leasing, the creditor may propose to take the
property in antichresis; and, both in this and in the other cases expressed, the
Judge will approve the proposal that he considers most advantageous for the
debtor as long as it is included within the established bases.

The lease or administration will be concluded with the highest bidder, who must
provide sufficient guarantee to ensure compliance with the obligations
contracted.

Both the creditor and the debtor may be bidders in the auction of the lease or
administration.

The guarantee must be offered within three days after the auction and the
auctioneer will not be able to enter into the enjoyment of the property until the
Judge has approved the guarantee offered.

If within eight days after the auction, the guarantee is not granted because it has
been declared insufficient or unacceptable, or for any other reason attributable to
the auctioneer, the auction will be void, and the auctioneer will be responsible for

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the damages.

Article 580°
If in the auction for the lease or administration of the executed thing, nothing is
achieved in the purpose of the execution, the Judge will call the experts and
consult them about the convenience of setting as the definitive basis the third of
the fair price for a fourth auction. , which will take place five days after being
announced, if the Judge and two of the experts give their opinion in accordance.

When the experts do not believe this fourth auction is convenient, due to the
special circumstances of the market, the executed thing will continue in deposit
for up to six months, if any of the parties does not first promote a new fair price
and new acts of auction, in accordance with this last estimate. .

If six months pass without management by any of the parties for the purposes
indicated in the previous paragraph, or without the debt having been covered
with its interests and expenses, the deposit of the property will be extended until
this is carried out, unless The parties agree otherwise.

Article 581°
The fruits and interests produced by the seized goods and rights, from the day
they were seized, will also be applied to the payment of the credit.

Article 582°
The mortgagee may not, without the consent of the debtor, auction the
properties that are not mortgaged to him, except when the mortgaged properties
are insufficient to pay his credit, as provided in the Civil Code. If for the
consultation referred to in article 580 of this Code, the experts, or any of them,
cannot be summoned because they are not present, due to illness or other
cause, each party will have the right to indicate two other experts, of which The
Judge will choose one for each party, to make the consultation.

The Judge will make up for the lack of any of the parties.

Article 583°
If the auctioned item is movable, and there have been no offers for half of its
value in the first act of auction, it will be taken out a second time, prior to the
signs and legal notices, with the base of two fifths; and if they are still not
obtained, it will be taken out for the third time, also prior to the relevant posters
and notices, with the basis of one third, always proceeding immediately with the
formalities that are established.

The provisions of the preceding articles are applicable to the auction of movable
property as long as they are compatible with its nature.

Article 584°
The auction cannot be attacked by way of nullity due to defects of form or
substance, and the only action that can be proposed against its legal effects is
vindication.

Third book. Of the precautionary procedure and other incidents

Bolivarian Republic of Venezuela

 Title I. Of preventive measures

Chapter I. General disposition

Article 585°
The preventive measures established in this Title will be decreed by the Judge,
only when there is a manifest risk that the execution of the ruling will be illusory
and provided that it is accompanied by means of proof that constitutes a serious
presumption of this circumstance and of the right claimed.

Article 586°
The Judge will limit the measures referred to in this Title to the assets that are
strictly necessary to guarantee the results of the trial. To this end, if it is found
that the affected assets exceed the amount for which the measure was decreed,
the Judge will limit its effects to the sufficient assets, indicating them with
complete precision. In this case, the provisions of article 592, Chapter II of this
Title will apply.

Article 587°
None of the measures referred to in this Title may be executed except on
property that is the property of the person against whom they are taken, except
in the cases provided for in article 599.

Article 588°
In accordance with Article 585 of this Code, the Court may decree, at any stage
and level of the case, the following measures:

1º The seizure of movable property;

2º The seizure of specific assets;

3º The prohibition of alienating and encumbering real estate.

The Judge may also agree to any complementary provisions to ensure the
effectiveness and result of the measure he has decreed.

First Paragraph: In addition to the preventive measures previously listed, and

with strict subjection to the requirements provided for in Article 585, the Court
may agree to the precautionary measures that it considers appropriate, when it
has founded fear that one of the parties may cause serious injuries or of difficult
reparation to the rights of the other. In these cases, to avoid damage, the Court
may authorize or prohibit the execution of certain acts, and adopt measures that
aim to stop the continuity of the injury.

Second Paragraph: When any of the precautionary measures provided for in

the First Paragraph of this Article are decreed, the party against whom the order
is issued may oppose it, and the opposition will be substantiated and resolved in
accordance with the provisions of Articles 602, 603 and 604 of this Code.

Third Paragraph: The Court may, taking into account the circumstances,
suspend the precautionary measure that it has decreed, if the party against
whom it is acting gives security of those established in Article 590. If the

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effectiveness or sufficiency of the guarantee is objected, the provisions of the
sole section of Article 589 will apply.

Article 589°
Neither the embargo nor the prohibition of alienating and encumbering will be
decreed, or they must be suspended if they have already been decreed, if the
party against whom they have been requested or decreed, provides sufficient
security or guarantee of those established in the following article.

If the effectiveness or sufficiency of the guarantee is objected, a articulation will

be opened for four days and a decision will be made within the two days
following this.

Article 590°
The Judge may also decree the seizure of movable property or the prohibition of
alienating and encumbering real estate, without the provisions of the law being
fulfilled, when it is offered and constitutes sufficient security or guarantees to
respond to the party against whom the measure is directed, of the damages and
losses that this could cause.

For the purposes of this provision, only:

1st Primary and joint guarantee of insurance companies, banking institutions or

commercial establishments of recognized solvency.

2nd First degree mortgage on assets whose fair price appears in the records.

3rd Pledge on goods or securities.

4º The consignment of a sum of money up to the amount indicated by the Judge.

In the first case of this Article, when dealing with commercial establishments, the
Judge will require the recording in records of the last balance sheet certified by a
public accountant, the last declaration submitted to the Income Tax, and the
corresponding Certificate of Solvency.

Chapter II. From the embargo

Article 591°
At the request of the party, the Judge will go to the debtor's residence, or to the
places or establishments where the assets are located or seized, to execute the
measure. To this end, he may order the opening of doors and any deposits or
containers, and request, when necessary, the assistance of the public force.

Article 592°
If legally unseizable items are seized or the opposition provided for in articles
546 and 602 is successful, the applicant for the measure will cover the expenses
and fees for the deposit of the goods, as well as those for transportation to the
place where they were taken, and any other necessary to restore things to the
state in which they were at the time of the embargo. In these cases, the right of
retention in favor of the depositary is not admitted.

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Article 593°
The embargo of credits will be carried out by means of notification that the Judge
will make to the debtor of the embargoed credit, in the residence, office or
business of the latter. If the debtor is not found, notification will be made to any
of the persons indicated in article 220, if they are legal entities. If they are natural
persons, the notification will be made to a person who is at their service, or is a
relative of the debtor, who is in their home, office or business, leaving a record in
the record of the name, surname and identity card of the person. the notified
person.

If it concerns disputed credits or rights, it will be enough to record the embargo in

the file of the respective trial, through a record that will be signed by the Judge,
the Secretary and the appearing parties.

Article 594°
At the time of seizure of the credit, or within the following two days, the debtor
will inform the Court of the exact amount of the credit, the date on which
payment must be made, the existence of assignments or other seizures, also
indicating the name of the assignees and other embargoes, and the dates of
notification of the assignments and seizures.

If the debtor does not make the statement referred to in this article, he will be
responsible for the damages and losses that his omission causes to the
garnishee.

Article 595°
If the assets to be seized were already seized, the provisions of the sole section
of article 534 will apply.

Article 596°
If there are assignments of credit prior to the seizure, this will be carried out on
the remainder of the credit, provided that the assignment has a certain date prior
to the seizure.

Article 597°
When there is no harm to the garnishee, the embargo must be executed
preferably on the things indicated by the garnishee party.

Article 598°
Except in trials or incidents regarding food, the seizure of salaries, wages and
remuneration of any kind will be carried out in accordance with the following
scale:

1º Salaries, salaries and remunerations up to the amount of the mandatory

national minimum wage set by the National Executive in accordance with the
Law, are non-seizable regardless of the cause.

2º The portion between the level indicated in Ordinal 1 of this article and double
the mandatory national minimum wage is seizable up to one fifth.

3º The portion of salaries, wages and remunerations that exceeds double the
mandatory national minimum wage is seizable up to a third. The provisions of

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this Article also safeguard the provisions of Articles 125, 171 and 191 of the Civil
Code and in special laws.

Chapter III. Of kidnapping

Article 599°
The kidnapping will be decreed:

1º Of the movable thing about which the claim is made, when the defendant is
not responsible or there is a reasonable fear that he will hide, alienate or
deteriorate it.

2º Of the contentious thing, when its possession is doubtful.

3º Of the assets of the conjugal community, or failing that of the administrator

spouse, that are sufficient to cover those, when the administrator spouse wastes
the assets of the community.

4º Of sufficient assets of the inheritance or, failing that, of the defendant, when
the person who has been deprived of his legitimate property claims it from those
who have taken or have the hereditary assets.

5º Of the thing that the defendant has purchased and is enjoying without having
paid its price.

6º Regarding the contentious thing, when the final judgment is issued against
the possessor of it, he or she will appeal without giving bail to respond for the
same thing and its fruits, even if it is immovable.

7º Of the leased thing, when the defendant is the defendant due to non-payment
of rental payments, because the thing is damaged, or because he has failed to
make the improvements to which he is obliged according to the contract.

In this case, the owner, as well as the seller in the case of ordinal 5, may
demand that the deposit be agreed upon themselves, leaving the thing affected
to respond respectively to the tenant or the buyer, if applicable.

Chapter IV. Of the prohibition of alienating and encumbering

Article 600°
Once the prohibition of alienating and encumbering has been agreed, the Court,
without loss of time, will notify the Registrar of the place where the property or
properties are located, so that he does not formalize any document in which in
any way it is intended to alienate or encumber them, inserting in his officially the
data on the situation and boundaries that appear in the request.

The alienation or encumbrance that has been formalized after the prohibition of
alienation and encumbrance has been decreed and communicated to the
Registrar will be considered radically null and void. The Registrar will be
responsible for any damages caused by the protocolization.

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 Title II. Private procedure of preventive measures

Article 601°
When the Court finds the evidence produced to request preventive measures
deficient, it will order it to be expanded on the point of insufficiency, determining
it. If, on the other hand, the evidence is found to be sufficient, it will decree the
requested measure and proceed with its execution. In both cases, said decree
must be issued on the same day that the request is made, and there will be no
appeal.

Article 602°
Within the third day following the execution of the preventive measure, if the
party against whom it is being acted has already been summoned; or within the
third day following its summons, the party against whom the measure is taken
may oppose it, exposing the reasons or foundations that must be alleged.

Whether or not there has been opposition, an eight-day articulation will be

considered open, so that the interested parties can promote and have evidence
that is appropriate to their rights.

In the cases referred to in article 590, there will be no opposition, nor the
articulation referred to in this article, but the party may have the measure
suspended as established in article 589.

Article 603°
Within two days, at the latest, of the evidentiary period having expired, the Court
will sentence the articulation. An appeal will be heard from the sentence in a
single effect.

Article 604°
Neither the articulation of these measures, nor the one that originates the claim
of third parties, will suspend the course of the main claim, to which the separate
notebook of those will be added, when they have been completed.

Article 605°
The party in whose favor the sequestration decree has been issued may have it
notarized in the respective Registry Office, as well as the deposit of the sold or
leased property, made with the owner to respond to the tenant when applicable,
in accordance with the section end of article 599.

Article 606°
If the case has been finally sentenced, the pending articulation of the decreed
measures has not yet been decided, the Court before which it has been
promoted will continue to hear it, even if it has previously admitted an appeal for
both purposes or an appeal for cassation of the final sentence.

Title III. From other incidents

Article 607°
If, due to resistance by a party to any legal measure of the Judge, due to abuse
by an official, or due to any necessity of the procedure, one of the parties
demands some measure, the Judge will order on the same day that the other

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party responds on the following day, and whether it does so or not, it will decide
within the third day at the latest, what it considers fair; unless there is a need to
clarify some fact, in which case a joint session will be opened for eight days
without a distance limit.

If the resolution of the incident should influence the decision of the case, the
Judge will resolve the articulation in the final sentence; Otherwise, it will decide
on the ninth day.

Fourth book. Of special procedures

First part. Of the special contentious procedures

Title I. Of arbitration

Article 608°
Controversies may be committed to one or more arbitrators in an odd number,
before or during the trial, as long as they are not questions about status, about
divorce or separation of spouses, or about other matters in which there is no
room for compromise.

If they are already in trial, the commitment will be formalized in the case file, and
in it the parties must express the issues that each one submits to arbitration, if
they are not already included in the trial; the number and name of the arbitrators,
their character, the powers conferred on them and anything else agreed upon
regarding the procedure.

If they are not in court, the parties will establish the arbitration agreement by
authentic instrument, in which everything expressed in this article is recorded.

In any case of compromise, the acceptance of the arbitrators and the

constitution of the Arbitration Court will be made before the Judge mentioned in
Article 628.

Article 609 °
If there is an arbitration clause, the parties will formalize the commitment
completely following the requirements established in the previous Article; but if
one of the parties refuses to formalize it, the other may present the public or
private instrument in which the obligation to commit to the Court that must hear
or is hearing the controversy is recorded, expressing the issues that it wishes to
submit to the Court. arbitration. Once said instrument has been presented, the
Court will order the summons of the reluctant party to respond about the
commitment on the following fifth day, at any time set on the tablet referred to in
Article 192. The summons will be made by means of a ticket, to which a copy of
the respective request and the document containing the arbitration clause will be
attached.

Article 610°
If the aforementioned party agrees to the obligation, he or she will record in the
act of his or her appearance the issues that he or she wishes to submit to
arbitration and the following day, at the time set by the Court, the arbitrators will
be chosen.

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First Paragraph : If there is no agreement between the parties in the election of
arbitrators, each party will choose one and the two designated arbitrators will
choose the third.

Second Paragraph : If any of the parties is reluctant to appoint their arbitrator,

or if the two arbitrators cannot agree to appoint the third, the appointment will be
made by the Court.

Third Paragraph: The appointed arbitrators must express their acceptance on

the same day of their appointment or the following day. Otherwise, the party
designated by the non-accepting arbitrator will be subject to compensation for
the benefit of the opposing party of no less than Three Thousand Bolívares (Bs.
3,000.00) nor greater than Ten Thousand Bolívares (Bs. 10,000, oo), depending
on the importance of the matter, without prejudice to the Court proceeding to
appoint a new arbitrator in accordance with the previous paragraph.

Article 611°
If the aforementioned contradicts the obligation, an evidentiary articulation will be
opened for fifteen days, after which the Court will proceed to issue its decision
within the following five days. The sentence will be appealed freely, but the
Superior's ruling will cause res judicata.

Article 612°
In the articulation ruling, the Court will impose the costs on the party that is
completely defeated, which will be enforceable once the ruling imposing them
becomes final.

Article 613°
Once the validity of the arbitration clause has been established, within five days
following the expiration of the appeal period if there is none; or the date of
receipt of the records in the Court of origin, the aforementioned will proceed to
express the issues that for its part it wishes to submit to arbitration. Once this
requirement is met, the procedure will be followed. provided for in article 610.

Article 614°
If the aforementioned does not appear, the arbitration clause will be considered
valid, and the arbitrators will resolve the controversy based on the issues
submitted to arbitration by the applicant. The arbitrators will also abide by this
last rule, if in the cases provided for in Article 613 the aforementioned does not
express the issues that he wants to submit to arbitration, in the opportunities
established therein.

First Paragraph: In the cases provided for in this Article, the Court will record
the non-appearance of the aforementioned person or his reluctance to express
the issues that he wants to submit to arbitration, and then the arbitrators will be
chosen in the manner provided for in the Article. 610.

Second Paragraph : If there is no agreement between the parties regarding the

character of the arbitrators and the rules of procedure that they must follow, it
will be understood that they will decide as legal arbitrators and the ruling issued
will be final.

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Third Paragraph: For the purposes of the previous paragraph, the day after the
constitution of the Court of Arbitrators, the ordinary evidentiary period will begin
to run, which will be computed as indicated in article 197.

Fourth Paragraph: Once the evidentiary period has expired, the Court of
Arbitrators will issue its ruling within the following thirty days.

Article 615°
The position of arbitrator, once accepted, is inalienable. The arbitrator who,
without legitimate cause, is removed from his position will be criminally
responsible for the crime of denial of justice, without prejudice to his civil liability
becoming effective through the complaint recourse established in this Code.

Article 616°
If the appointed arbitrators, or some of them, die or are absent for any other
legal reason, they will be replaced in the same way as they were appointed.

Article 617°
In any state of the case in which the parties have submitted themselves to
arbitrators, the course of the case will be suspended and the proceedings will be
immediately passed to the appointed arbitrators.

Article 618°
Arbitrators are legal, or arbitrators. The former must observe the legal
procedure, and in the sentences, the provisions of the Law. The latter will
proceed with complete freedom, as they deem most convenient for the interests
of the parties, taking into account mainly equity.

First Paragraph: The parties may indicate to the legal arbitrators the forms and
rules of procedure that they must follow and subject the arbitrators to some
procedural rules. In the absence of this indication, the legal arbitrators will
observe the corresponding legal procedure.

Second Paragraph: In case of discrepancy between the arbitrators regarding

the interpretation of the commitment or any of its clauses, or regarding any rule
or form of procedure to be followed, the issue will be resolved by the natural
Judge indicated in the article. 628. The Judge's decision will be issued
summarily with the elements submitted to him, and there will be no appeal.

Third Paragraph: If the commitment does not indicate in any way the character
of the arbitrators, it is understood that they are arbitrators.

Article 619°
Those who are not practicing lawyers cannot be arbitrators of law.

Article 620°
The same Judge before whom they are appointed will hear about the challenge
of the arbitrators.

Article 621°
The arbitrators may entrust the substantiation acts to one of them, if the
commitment does not prohibit it.

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Article 622°
Thus, the Ordinary or Special Courts, like other public authorities, have the duty
to provide the arbitrators with all the cooperation within their jurisdiction so that
they can perform their duties well.

Article 623°
The arbitrators must rule within the term indicated in the commitment.

Article 624°
If the arbitrators are arbitrators, their rulings will be final. If they are legal, they
will also be unappealable, unless otherwise agreed upon in the commitment,
before the natural Superior Court or before another Arbitration Court that the
parties have established for that purpose.

Article 625°
All Arbitration Award will be sent with the records to the Judge before whom the
arbitrators were appointed, who will publish it the day after its submission by
them, at the time indicated. From this day the deadlines for the resources
available will begin to run.

Article 626°
The arbitrators' ruling will be null and void:

1° If a ruling has been made on the subject of a void commitment or one that has
expired, or outside the limits of the commitment.

2° If the sentence has not been pronounced on all the objects of the
commitment, or if it is conceived in such contradictory terms that it cannot be
executed.

3° If the substantial formalities have not been observed in the procedure,

provided that the nullity has not been corrected by the consent of the parties.

Article 627°
The nullity referred to in the preceding article will be enforced by way of appeal
before the Court that published the enforceable Arbitration Award, within ten
days after publication. The Court will proceed to hear the appeal with all the legal
formalities, within three days; and, once sentenced, it will continue its course
before the Superior Courts, if an appeal is filed.

Article 628°
For all the purposes of this Title, the Judge competent in First Instance is the
one who is competent to hear the matter submitted to arbitration.

Article 629°
The expenses of the arbitration will be borne by the party requesting arbitration,
without prejudice to their reimbursement through an order for costs.

If a dispute arises about the amount of the arbitrators' fees, they will be set by
the Judge indicated in article 628.

Title II. Of executive judgments

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 Chapter I. From the executive route

Article 630°
When the plaintiff presents a public instrument or other authentic instrument that
clearly and certainly proves the defendant's obligation to pay some liquid amount
within the deadline; or when it accompanies a voucher or private instrument
recognized by the debtor, the Judge will carefully examine the instrument and if
it is one of those indicated, at the request of the creditor, he will immediately
agree to the seizure of sufficient assets to cover the obligation and the costs,
prudently calculated.

Article 631°
To prepare the executive procedure, the creditor may request, before any Judge
of the debtor's domicile or the place where he is located, the recognition of his
signature extended in a private instrument, and the Judge will order him to testify
on the request.

The debtor's resistance to answering affirmatively or negatively will give

executive force to the instrument. The failure of the debtor to appear at the
summons issued for this purpose will also produce the same effect; and in said
summons the instrument on which the recognition is based must be
circumstantially specified.

If the instrument is not recognized, the creditor may use his right in court.

If it is deemed false, the corresponding trial will be followed if the Court is

competent, and if not, the records will be passed to the court that is competent.

Article 632°
When the seized assets are not mortgaged for the payment claimed, the creditor
may request the seizure of other assets of the debtor. and in this case those that
have been seized before will be free from seizure, if the fair price of the latter
shows that they are sufficient to cover the debt and the collection expenses.
Seizure of other assets may also be requested, if the just price of the seized
assets proves to be not sufficient for full payment.

Article 633°
At any stage of the claim, the debtor's assets will be free from seizure if the
debtor presents sufficient collateral to meet the requirements of Article 590.

Article 634°
Once the seizure of the assets has been decreed, the proceeding will proceed
with respect to them in accordance with the provisions of Title IV, Book Two,
until the state in which the seized things must be auctioned and in this state the
executive procedure will be suspended until there is a definitively final judgment
ordinary procedure.

If by virtue of it the auction is to proceed, it will be announced three (3) days in

advance, even if the three notices ordered by the expressed Title have been
given.

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Article 635°
When the seized assets are mortgaged for the payment of the claimed credit,
the creditor will have the right to have the auction carried out and the payment of
his debt made effective with its price, without waiting for the final ruling issued in
the trial. provided that the bond or guarantee provided for in Article 590 of this
Code is provided, to respond to what is ultimately declared in favor of the debtor,
with respect to the credit for which the creditor has made payment. The Judge
will be responsible if the security given later proves insufficient.

Article 636°
Everything that is carried out by virtue of the embargo decree, the procedures to
announce the sale of the seized assets, those that are necessary for the fair
price of them and any other that is related to the seizure and sale of said assets,
will form a separate notebook. that will begin with the aforementioned decree.

Article 637°
The proceedings to seize assets and everything else that is consequent to this
special procedure will not suspend or alter the ordinary course of the case, but,
in accordance with what is provided for all trials, the parties will be able to prove
at the same time what they appropriate, and its evidence will be placed in the
claim notebook, observing the same procedures and terms established for the
ordinary procedure.

Article 638°
The party completely defeated in the executive procedure will be ordered to pay
the costs, in accordance with the provisions of Title VI, Book One of this Code.

Article 639°
When the mortgage creditor has been paid before the final judgment with the
auction price of the mortgaged thing and in said judgment it is resolved that the
creditor does not have the right that he made effective, or that he exceeded his
claim or collection, in the The same sentence will establish the responsibility
incurred, and the execution of the final sentence will also embrace that
responsibility.

If the debtor claims that the indicated auction has caused him other damages, he
may claim them through the ordinary procedure.

Chapter II. Of the summons procedure

Article 640°
When the claim of the plaintiff seeks the payment of a liquid and demandable
sum of money or the delivery of a certain amount of fungible things or a specific
movable thing, the Judge, at the request of the plaintiff, will order the debtor to
pay or deliver the thing within ten days, notifying you of execution. The plaintiff
may choose between the ordinary procedure and the present procedure, but this
will not be applicable when the debtor is not present in the Republic and has not
left an attorney who can be notified, or if the attorney he has left refuses to
represent him.

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Article 641°
These claims will only be heard by the Judge of the debtor's domicile who is
competent for the matter and for the value according to the ordinary rules of
jurisdiction, except for the choice of domicile. The residence acts as a domicile
for people who do not know it elsewhere.

Article 642°
The demand will express the requirements demanded in Article 340 of this code.
If any are missing, the Judge will order the plaintiff to correct the libel, refraining
in the meantime from providing what was requested. An appeal will be heard
freely from this decision of the Judge, which must be filed immediately or within
the following three days.

Article 643°
The Judge will deny the admission of the claim by reasoned order, in the
following cases:

1º If any of the requirements demanded in article 640 are missing.

2º If written proof of the right claimed is not accompanied by the libel.

3º When the right alleged is subordinated to a consideration or condition, unless

the plaintiff provides evidence that presumes compliance with the consideration
or verification of the condition.

Article 644°
The following are sufficient written evidence for the purposes indicated in the
previous article: public instruments, private instruments, letters, missives,
admissible according to the Civil Code, accepted invoices, bills of exchange,
promissory notes, checks and any other negotiable documents.

Article 645°
When the demand refers to the delivery of a certain quantity of fungible things,
the plaintiff must express in the libel the sum of money that he would be willing
to accept if the presentation in kind for the definitive release of the other party
was not fulfilled. In this case, if the Judge considers the indicated sum
disproportionate, before ruling on the claim, he may require the plaintiff to
present evidence showing the fair price or current price of the thing.

Article 646°
If the claim is based on a public instrument, a private instrument recognized or
legally considered recognized, accepted invoices or bills of exchange,
promissory notes, checks, and any other negotiable documents, the Judge, at
the request of the plaintiff, will order provisional seizure of assets. furniture,
prohibition of alienating and encumbering real estate or seizure of specific
assets. In other cases, it may require that the plaintiff guarantee or prove
sufficient solvency to respond to the results of the measure. The implementation
of measures will be enacted urgently. The rights of third parties over the assets
subject to the measures are safeguarded.

Article 647°
The summons decree will be motivated and will express: The Court that issues

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it, the name, surname and address of the plaintiff and the defendant, the amount
of the debt, with the interest claimed; the thing or quantity of things that must be
delivered, the sum that in the absence of provision in kind the defendant must
pay in accordance with the provisions of Article 645 and the costs that must be
paid; the warning that within a period of ten days, starting from the notification,
you must pay or formulate your opposition and that if there is no opposition,
forced execution will proceed.

Article 648°
The Judge will prudently calculate the costs that the defendant must pay, but
may not agree to an amount that exceeds 25% of the value of the claim as the
plaintiff's attorney's fees.

Article 649°
The Secretary of the Court will certify a copy of the complaint and the summons
decree and deliver it to the Sheriff so that he can issue a personal summons to
the defendant in the manner provided for in article 218 of this Code.

Article 650°
If the defendant searched is not found, the Sheriff will inform the Judge, stating
the addresses or places where he has requested it, and the latter will arrange,
within the third day, for the Secretary of the Court to post on the door of the
residence of the summons, or in his office or business, if they are known or
appear from the records, a poster containing the full transcription of the
summons decree. Another similar poster will be published by the press, in a
newspaper with the largest circulation, in the town, which the Judge will
expressly indicate, for thirty days, once a week. The secretary will record in the
file all the proceedings that have been carried out under the provisions of this
article, and the plaintiff will enter in the files the copies of the newspaper in which
the posters appeared.

Once the above procedures have been completed, if the defendant does not
appear to be notified within the period of ten days following the last record that
appears in the record of having completed the same, the court will appoint a
defender to the defendant with whom the summons will be understood.

Article 651°
The summoned must formulate his opposition within ten days following his
personal notification carried out in the manner provided for in article 649, at any
time set on the table referred to in article 192. In the case of the previous article,
the defender must formulate his opposition within ten days following his
summons, at any of the times indicated above. If the defendant or the defender,
in his case, does not formulate an opposition within the aforementioned
deadlines, it will no longer be possible to formulate it and the proceeding will be
as in the judgment, which will become res judicata.

Article 652°
Once the opposition is formulated in a timely manner by the summoned party or
by the Defender, where applicable, the summons decree will be void, forced
execution cannot proceed and the parties will be deemed to have been
summoned to answer the claim, which will take place. within the five days

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following any time indicated on the table referred to in article 192, without the
need for the presence of the plaintiff, continuing the process through the
procedures of the ordinary or brief procedure, as appropriate for the amount of
the demand.

Chapter III. From the execution of tax credits

Article 653°
Except as provided in the Organic Tax Code, the execution of tax credits will be
requested before the competent civil courts according to the amount, in
accordance with the provisions of this Chapter.

Article 654°
The settlement of the credit or the instrument that justifies it will be presented
with the demand; and if said liquidation or instrument has enforceable force, the
debtor will be summoned on the same day to pay within three days upon notice
of execution.

In order to agree to the defendant's summons, the Judge will carefully check the
following points:

1° If the settlement form for the claimed tax credit or the instrument that justifies
it meets the corresponding legal requirements.

2° If the tax credit claimed is liquid and expired.

Article 655.- If within the fourth day the defendant proves that he has complied
with that order, the proceeding will be as in the case of execution of the
sentence.

Article 656°
Within eight days following the day in which the summons is issued, plus the
corresponding distance period, the defendant may object to the payment that
has been summoned, only for the following reasons:

1° The payment of the tax credit that has been imposed, for which purpose you
will submit with your opposition document the document that proves it.

2º The pendency of an administrative or contentious-administrative appeal in

which the prior suspension of the effects of the contested act has been decreed
when it is related to the origin or amount of the tax credit whose execution is
requested.

3° The prescription of the tax credit claimed.

Article 657°
Once the opposition is made, the case will be opened to evidence and the
ordinary procedure will be followed from now on. The opposition formulated in
accordance with Article 656 will suspend execution, if the defendant provides
bail or guarantee of those provided for in Article 590 to respond to the results of
the trial, for the amount set by the Court.

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Sole Paragraph: If, together with the reasons on which the opposition is based,
the defendant alleges prior issues of those indicated in article 346 of this code,
an evidentiary articulation of eight days will also be understood to be open to
promote and evacuate evidence, without the need for a decree. or order of the
Judge, and the Court will decide within ten days following the expiration of the
articulation, without prejudice to the fact that before the ruling, the party may
correct the defects or omissions invoked, in accordance with the provisions of
article 350. In these cases, no costs will be incurred for the party that corrects
the defect or omission. The sentence handed down in the articulation will not
have an appeal, except in the case of incompetence declared valid, in which
case the party may promote the regulation of competition, in accordance with
article 69 and in the cases of previous issues. provided for in Ordinals 9, 10 and
11 of article 346. In both cases, the costs will be regulated as indicated in Title VI
of the First Book of this code. The effects of the previous issues declared to take
place in the definitively final articulation sentence will be those indicated in
Articles 353, 354, 355 and 356, as the case may be.

Article 658°
In case of opposition, the final ruling that resolves it will be appealable to the
corresponding Superior.

Article 659°
If the opposition is found to be appropriate for the reason provided for in ordinal
2 of article 656, the trial will be paralyzed until the ruling is handed down in the
Contentious-Administrative Appeal in which the effects of the contested act have
been suspended.

In other cases in which the opposition is found to be appropriate, the execution

procedure will be terminated and the bond or guarantee that may have been
constituted in accordance with article 657 will be lifted and the court will impose
the costs of the procedure, jointly and severally, on the plaintiff entity and the tax
officials who ordered the execution of the credit rejected in the ruling. The costs
for professional fees will not exceed ten percent of the amount of the claim in
any case.

Chapter IV. From the execution of the Mortgage

Article 660°
The obligation to pay an amount of money guaranteed by a mortgage will be
made effective through the mortgage foreclosure procedure established in this
Chapter.

Article 661°
In the event of blocking execution on the mortgaged property, because the
obligation guaranteed by the mortgage has expired, the creditor will present to
the competent Court the registered document constituting it, and will indicate the
amount of the credit with the accessories that are guaranteed by it, and the third
party possessor of the mortgaged property, if such is the case. Likewise, it will
present a certified copy issued by the corresponding Registrar of the liens and
transfers to which the mortgaged property may have been subject after the
establishment of the mortgage whose execution is requested. The Judge may

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exclude from the execution request the accessories that were not expressly
covered by the mortgage, and will carefully examine whether the following items
are complete:

1°. If the document constituting the mortgage is registered in the jurisdiction

where the property is located.

2°. If the obligations that it guarantees are liquid with an expired term, and the
period of prescription has not elapsed.

3°. If the obligations are not subject to conditions or other modalities.

If the Judge finds the requirements in the previous ordinals complete, he will
immediately decree the prohibition of alienating and encumbering the mortgaged
property, he will immediately notify the respective Registrar for the purposes
established in article 600 of this Code and will agree to the summons of the
debtor and the third party. possessor to pay within three days, warned of
execution. If the information presented to the Judge reveals the existence of a
third-party possessor and the applicant has not indicated it, the Judge will
proceed ex officio to notify him or her.

The Judge's order excluding certain items from execution or not agreeing to this
will be appealable for both purposes.

Article 662°
If on the fourth day the debtor or the third party does not prove that they have
paid, the property will be seized, and the procedure will continue in accordance
with the provisions of Title IV, Book Two of this Code, until the property must be
put up for auction. . In this state, the procedure will be suspended if the
opposition referred to in Article 663 has been formulated.

Once the opposition has been decided, if it is declared invalid, the property will
be auctioned after publishing a poster setting the day and time to carry it out.
The creditor has the right for the auction to be carried out and the payment of his
debt to be made effective with the price, without waiting for the final ruling in the
opposition, as long as he provides security that meets the requirements of Article
590, to respond for the that is ultimately declared in favor of the debtor or the
third party. The Judge will be responsible if the bail he has accepted later proves
insufficient.

Article 663°
Within eight days following the day in which the summons was made, plus the
term of the distance if applicable, both the debtor and the third party may oppose
the payment to which they are summoned, for the following reasons:

1º The falsity of the registered document presented with the execution request.

2º The payment of the obligation whose execution is requested, provided that

written proof of payment is submitted along with the opposition document.

3° The compensation of a liquid and demandable sum, for which purpose the
corresponding written proof will be submitted together with the opposition

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document.

4º The extension of the obligation whose non-compliance is required, for which

purpose written proof of the extension will be included with the opposition
document.

5º Due to disagreement with the balance established by the creditor in the

execution request, provided that the written evidence on which it is based is
included with the opposition document.

6º Any other cause for extinction of the mortgage, of those established in Articles
l.907 and l.908 of the Civil Code.

In all cases of the previous ordinals, the Judge will carefully examine the
instruments presented to him, and if the opposition meets the requirements
required in this Article, he will declare the procedure open to evidence, and the
substantiation will continue through the procedures of the ordinary procedure.
until the mortgaged property must be auctioned, proceeding with respect to the
execution as established in the sole section of Article 634.

Article 664°
The provisions of articles 636 and 639 of this Code are applicable to this
procedure.

Sole Paragraph: If, together with the reasons on which the opposition is based,
the debtor or the third-party holder alleges prior issues of those indicated in
Article 346 of this Code, the procedure will be as provided in the Sole Paragraph
of Article 657.

Article 665°
The execution of obligations guaranteed with a mortgage that do not meet the
requirements in Article 661 of this Chapter will be carried out through the
executive procedure.

When the personal summons of the debtor or the third party possessor is
achieved, said summons will be carried out in the manner provided for in Article
650 of this Code.

Chapter V. Of the execution of pledge

Article 666°
Without prejudice to the provisions of special laws, the execution of the pledge
will be carried out in accordance with the procedure established in this Chapter.

If the pledge is made effective, the pledgee will present the request to the
competent Court, accompanied by the document constituting the pledge, and will
make the things pledged available to the Court.

The application will indicate:

1º The name, surname and address of the creditor and the pledgee debtor and
the third party who has given the pledge if this is the case.

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2º The amount of the claim guaranteed with the pledge and any other amount
covered with the privilege.

3° The type and nature of the things pledged and the indication of their quality,
weight and measurement.

Article 667°
The Judge will carefully examine the claims presented and verify if the
requirements required by law for the constitution of the pledge have been met
and if the amounts intended to be satisfied with it are liquid, expired, and if the
time for your prescription.

Article 668.- If the Judge finds the requirements required in the previous Articles
complete, he will order the deposit of the thing pledged and the summons to the
debtor and the third party who has given the pledge, if such is the case, so that
they pay within of the following three days, warned of execution.

If personal notification of the debtor or the third party who has given the pledge
is not possible, the supplementary form indicated in Article 650 will be applied.

Article 669°
If on the fourth day following the personal summons, the pledge debtor or the
third party who has given the pledge, do not prove by means of a reliable
instrument that they have paid, the Judge will order the sale of the thing pledged
at public auction, through publication. from a poster in a newspaper in the
Court's constituency. The poster will contain:

1° Name, surname and address of the creditor, the pledgee debtor and the third
party who has given the pledge, if such is the case.

2° A description of the things pledged that will be the object of the sale.

3° The basis on which the proposals will be heard, also noting that the award will
be made to whoever has made the highest offer, that the consignment of the
price offered by whoever obtains the good bid must be made in cash on the
same day or the day following the award, as well as that to take part in the
proposals, ten percent of the value at which the object of the sale has been
valued must be previously entered.

Article 670°
The successful bidder who does not comply with his obligation to record the
price will lose the amount he gave as guarantee, which will remain for the benefit
of the pledgee, and a new auction will be carried out by publishing a new poster.

Article 671°
The basis of the auction will be half of the fair value, determined in accordance
with the provisions of this Code regarding the execution of a sentence. If there
are no proposals for said amount, the procedure established in articles 677 et
seq. of this Code will be followed.

Article 672°
The pledgee and the third party who has given the pledge, personally notified,

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may oppose the sale of the pledge within eight days following the notification,
but the opposition will not be admitted if it is not offered or does not constitute
sufficient security together with it. payment of the amount demanded by the
pledgee plus interest. The opposition must be based on a legal cause and will
suspend the sale of the pledge until its decision, unless the pledgee provides
security or guarantee of those provided for in Article 590 to ensure the results of
the opposition, in which case it will proceed. for sale of the garment. Once the
opposition is admitted, the case will be opened for evidence for twenty days and
will be decided within fifteen days following the conclusion of the evidentiary
period. The Judge will be responsible if the bail he accepts later proves
insufficient.

If the summons is made to the defender as indicated in Article 668, the

opposition may be formulated within eight days following the summons from the
defender and must complete the requirements established in the first part of this
article for the opposition of the pledgee or of the third party who has given the
pledge.

Sole Paragraph: If, together with the reasons on which the opposition is based,
the debtor or the third party who has given the pledge, allege previous issues of
those indicated in Article 346 of this Code, the proceeding will be as provided in
the Sole Paragraph of the Article 657.

Chapter VI. From the judgment of accounts

Article 673°
When accounts are demanded from the guardian, curator, partner, administrator,
agent or person in charge of other people's interests, and the plaintiff
authentically proves the obligation of the defendant to render them, as well as
the period and the specific business or businesses that must be rendered.
understand, the Judge will order the summons for the defendant to present them
within a period of twenty days following the summons. If within this same period
the defendant opposes the claim claiming to have already rendered the accounts
or that they correspond to a different period or to businesses different from those
indicated in the claim; and these circumstances appear supported by written
evidence, the trial of accounts will be suspended, and the parties will be deemed
to have been summoned, for the answer to the claim, which will take place within
five days following any time indicated on the table below. referred to in Article
192, without the need for the presence of the plaintiff, continuing the process
through the procedures of the ordinary procedure.

Article 674°
Against the Judge's determination, when the actor has presented authentic proof
of the obligation and its extension, an appeal will only be heard in return effect.

Article 675°
If the defendant's opposition is not supported by written evidence, or if the Judge
does not find it founded, he will order the defendant to present the accounts
within thirty days. An appeal will only be heard against this determination in
return effect.

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Article 676°
In any case, the account must be presented in clear and precise terms, year by
year, with its chronological charges and credits, so that it can be easily
examined, and with all the books, instruments, vouchers and papers belonging
to it.

Article 677°
If the defendant does not oppose the claim, nor does he present the accounts
within the period provided for in Article 673, the obligation to render them, the
period they must include and the business determined by the plaintiff in the libel
will be considered certain and the proceeding will be to issue the ruling on the
payment claimed by the plaintiff in the lawsuit or the restitution of the assets that
the defendant has received for the plaintiff in the exercise of the representation
or the administration conferred, if the defendant does not present any evidence,
within the five days following the expiration of the opposition period. The
sentence will be handed down by the Judge within a period of fifteen days,
counted from the expiration of the promotion period indicated in this Article.

If the defendant presents evidence within the indicated period, it will be

evacuated within a period of twenty days after it is admitted by the Court, unless
it is evidence of expertise, in which case the proceeding will be as indicated in
Chapter VI, Title. II of the Second Book of this Code. In these Cases, the Court's
decision will be issued within fifteen days following the conclusion of the
evidence. An appeal will be heard freely from the decision.

The provisions contained in this Article will also apply when the defendant does
not present the accounts within the period provided for in Article 675, if the
appeal granted therein is rejected.

Article 678°
Once the account has been presented by the defendant, with its books,
instruments, receipts and corresponding papers, the plaintiff will examine it
within thirty days following its presentation, and must express within that same
period his agreement or observations. If there is no agreement on the account,
the expert opinion provided for in Chapter VI, Title II of the Second Book of this
Code will be carried out and for this purpose the Judge will set the day and time
to proceed with the appointment of the experts.

Article 679°
In everything concerning the appointment of experts, the provisions of Chapter
VI, Title II of the Second Book of this Code will be followed.

Article 680°
Whenever an expert is to be recused, the recusal must be proposed within three
days after its acceptance.

Article 681°
The experts will not be able to resolve any point of law, nor make adjudications
or applications that are not determined and will simply undertake to organize the
account according to their knowledge in the art of forming it. If they have doubts
about something, and for this reason they stop placing an item, or suspend a

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necessary operation, they will settle the account in the rest, if possible and will
present their doubts or observations on a separate sheet, clearly expressing the
item or operation. that has ceased to be understood in the account and the
foundations of his doubt.

Article 682°
The experts will have to prepare the account the time that the Judge sets for
them in accordance with Article 460. The Judge may extend said term in
accordance with the provisions of Article 461.

Article 683°
Experts may be fined five hundred bolivars for each day of delay when they do
not complete their assignment within the predetermined period.

The total amount of the fines will be deducted from what they must be paid for
their work.

Article 684°
If the plaintiff accepts the account presented by the defendant, the trial will be
terminated and the proceeding will proceed as in the execution of the sentence.

Once the account formed by the experts has been presented, the parties will
formulate their observations within the following fifteen days. If observations are
made about the order of the account, they will be passed to the experts for their
report and reform of the account if the observations are found to be accurate,
which they will do within the following fifteen days; But if these fall on the
legitimacy of the items or on anything else for which the defendant must answer,
he must answer them as well.

If the defendant does not respond to the observations made by the plaintiff, they
will be considered admitted.

If the experts do not give their response within the established period, they will
be fined in accordance with Article 683.

Article 685°
Once the business is in this state, the Judge will proceed to sentence it within
the following fifteen days; But if any of the parties express the need to present
evidence, the Judge will grant the term that corresponds to the amount of the
business, according to this Code.

Article 686°
The Judge will resolve all doubts and observations that have been presented,
even if nothing has been answered about them.

Article 687°
When the party obliged to render accounts does not comply with the duty to
present the books, instruments, receipts and papers necessary to form them, the
proceeding will be in accordance with the provisions of Article 436 of this Code.
Third parties in whose possession the documents necessary for the formation of
the account are found will be required to exhibit them in accordance with the
provisions of Article 437. In the case of public offices, banks, trade associations,

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civil or commercial companies and similar institutions, the provisions of Article
433 will be followed.

Article 688°
Once the sentence has been handed down, the legal appeals will be admitted,
and the case will continue in the other instances, in accordance with the rules
established for the ordinary procedure.

Article 689°
Once the accounts are approved, there is no room for reviewing them, except for
the parties, in the event of errors, omissions, falsehoods or duplication of items,
the right to propose their demands separately.

Title III. Of judgments about property and possession

Chapter I. Of the declaratory judgment of prescription

Article 690°
When the declaration of ownership by acquisitive prescription according to the
law is intended, or the declaration of any other real right susceptible to
acquisitive prescription, the interested party will file a formal complaint before the
Civil Judge of First Instance of the place where the property is located, the which
will be substantiated and resolved in accordance with the provisions of this
Chapter.

Article 691°
The lawsuit must be proposed against all those people who appear in the
respective Registry Office as owners or holders of any real right over the
property. A certification from the Registrar must be submitted with the claim,
stating the name, surname and address of such persons, and a certified copy of
the respective title.

Article 692°
Once the claim is admitted, the summons of the defendants will be ordered in
the manner provided for in Chapter IV, Title IV, Book One of this Code, and the
publication of an edict summoning for trial all those people who believe they
have rights over the property. , who must appear within fifteen days following the
last publication. The edict will be posted and published in the manner provided
for in Article 231 of this Code, once the summons of the main defendants is
made.

Article 693°
The answer to the complaint will take place within twenty days following the
summons of the defendant, or of the last of the defendants, if there are several.
Both for the response and for the following procedures, the rules of ordinary
procedure will be observed.

Article 694°
The persons who attend the process by virtue of the edict will take the case in
the state in which it is found, and may assert all the means of attack or defense
admissible in such state of the case.

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Article 695°
To be admitted to the case, the person who appears under the edict must
provide reliable proof of the right he or she invokes over the property.

The final and executory judgment declaring the claim admissible will be
formalized in the respective Registry Office, and will produce the effects
indicated in ordinal 2 of article 507 of the Civil Code.

Chapter II. Of the interdicts

Section 1 Of interdicts in general

Article 697°
Knowledge of interdicts corresponds exclusively to ordinary civil jurisdiction,
except as provided in special laws.

Article 698°
The judge competent to hear interdicts is the one who exercises ordinary
jurisdiction in First Instance in the place where the thing object of them is
located; Regarding hereditary possession, it is that of the jurisdiction of the place
where the succession has been opened.

Section 2. Of possessory interdicts

Article 699°
In the case of article 783 of the Civil Code, the interested party will demonstrate
to the Judge the occurrence of the dispossession, and finding the evidence or
evidence promoted sufficient, will require the plaintiff to constitute a guarantee
whose amount will be set, to respond for any damages that may arise. cause
your request if it is declared void, and will decree the restitution of possession,
dictating and carrying out all the measures and procedures that ensure
compliance with your decree, using public force if necessary. The Judge will be
subsidiarily responsible for the insufficiency of the guarantee.

If the complainant states that he is not willing to provide security, the Judge will
only order the seizure of the thing or right that is the object of possession, if in
his opinion, the evidence presented establishes a serious presumption in favor
of the complainant. The expenses of the deposit will be borne by the party that is
ultimately ordered to pay costs.

Article 700°
In the case of article 782 of the Civil Code, the interested party will demonstrate
before the Judge the occurrence of the disturbance, and if the Judge finds the
evidence or evidence promoted sufficient, he will decree the protection of the
possession of the complainant, carrying out all the measures and procedures
that ensure the compliance with his Decree.

Article 701°
Once the restitution or kidnapping has been carried out, or the measures that
ensure protection, as the case may be, the Judge will order the summons of the
defendant, and once this has been carried out, the case will be open to evidence
for ten days. Once this period has concluded, the parties will present within the

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following three days, the arguments that they consider appropriate, and the
Judge, within the following eight days, will issue the final sentence. This
sentence will be appealable in a single effect, but the Court will send the
complete file of the proceedings to the Superior. The Judge will be responsible
for any damages caused by his delay in issuing the sentence provided for in this
article.

Article 702°
In the case provided for in the first part of article 699, the final ruling will make an
express ruling on the extinction of the guarantee in the event that the complaint
is declared admissible; and in the event that it is declared void, it will order the
fixing of damages and losses through complementary expertise of the ruling, and
once these are fixed, the guarantee will be executed as if it were a judgment
passed by res judicata authority.

Article 703°
Any person may, assuming responsibility for the results of the trial, and giving
surety or guarantee as provided in Article 590, appear for the possessor or for
the person to whom the disturbance or dispossession is attributed, even without
power, and intervene in the articulation referred to in Article 701.
Article 704.- When the heir requests the restitution of hereditary possession or
protection of appointment, he will previously verify his status as heir and, in a
direct way, the fact that the things on which the interdict relates were possessed
by his deceased at the time. of death, as his own or by some other right
transferable to the heir, or that the person who preceded the applicant in the
right owned them until his death; and will proceed as established in the previous
Articles.

Article 705°
When the Judge does not consider the evidence produced by the heir to be
sufficient, he will order it to be expanded, indicating the defect. The heir, in this
case, may appeal. If he or she does not believe the determination is in
accordance and the appeal is filed, what is established in this Code for
appealing the final sentence will be practiced.

Article 706°
In any case, those against whom the interdict decrees are issued will have the
right to be heard in an ordinary trial; but the dispossessor will not be able to
claim the damage he has suffered due to the restitution decreed by the Judge.

Article 707°
If two or more people ask for possession of something at the same time or seek
to be protected in possession with the necessary precautions, the Judge will give
possession or protect it to the person who appears to have best proven his or
her right to invoke possessory protection. .

If there is doubt of such a nature that the judge cannot resolve it fairly, he may
order the evidence presented to be expanded, establishing the points that must
be clarified. When, in the opinion of the judge, the extension is not sufficient, he
may, if it is a thing that can be seized, agree to its deposit in the hands of one of
the applicants, if the other consents, or to the one who gives the greatest

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guarantee of keeping it without alteration or impairment, with the burden of
rendering an account, if it were productive or in the latter case, in the power of a
third party who has the conditions to be a depositary.

If the thing about which the interdict relates is an easement of aqueduct, sewer
or drainage or other incorporeal rights, the Judge will carry out or order a judicial
inspection to be carried out, with the assistance of intelligent practitioners in the
matter, to examine whether any of the properties, or Both are exposed to ruin or
serious damage, according to the claims of the parties, and will dictate measures
to avoid such damage, which must be complied with until the final resolution of
the interdict.

Once the decree of the Judge is executed, in the cases that are foreseen, the
articulation referred to in article 701 will be understood to be open and the
interdictal trial will continue its legal course.

Article 708°
In the final sentence, an express ruling will be made regarding the costs and
those who are found to be disruptive or despoilers will always be condemned.
But if the complaint is declared without merit, the costs will be paid by the
complainant, who must comply, in any case, with the provisions of article 38 of
this Code.

Article 709°
After the year set for attempting interdicts has passed, restitution or protection
may not be requested except through the ordinary procedure; But if force had
been used against the possessor, said period will not begin to be counted until
the violence has ceased.

Article 710°
When in the ordinary procedure the falsehood of the grounds alleged by the
plaintiff for restitution or protection is proven, he will be ordered to pay all the
damages that the opposing party suffers for this reason, including the costs that
the opposing party may have paid for the interdict. .

Article 711°
The Judge who deprives someone of his possession without the formalities
provided for by this Law, will be responsible for all damages.

Section 3. Of prohibitive interdicts

Article 712°
The District or Department Judge of the place where the thing whose
possessory protection is requested is located is competent to hear prohibitive
interdicts, unless there is a Civil Court of First Instance in the locality, in which
case it will correspond to this one. knowledge of the matter.

Article 713°
In the cases of article 785 of the Civil Code, the complainant will make the
complaint before the competent Judge, expressing the damage he fears, the
description of the factual circumstances relevant to the case, and will produce,
together with his complaint, the title he invokes to request the possessory

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protection. The Judge, in the shortest possible time, will carefully examine
whether these details have been filled out, will move to the place indicated in the
complaint, and assisted by an expert professional, will decide, without hearing
the other party, on the prohibition of continuing the new work. or allow it.

Article 714°
If the Judge prohibits the continuation of the new work, in whole or in part, he will
dictate the measures he considers necessary to make the decree effective and
will demand the appropriate guarantees from the complainant in accordance with
article 785 of the Civil Code to ensure the defendant compensation for the
damage caused by the suspension of the work may occur and that are
demonstrated in the ordinary procedure referred to in Article 716.

Works carried out in violation of the Court's order will be destroyed at the
expense of the owner and the respective expenses will be paid by the owner. In
the absence of payment, the proceeding will be as indicated in article 527.

From the Judge's resolution prohibiting the continuation of the work, an appeal
will be heard from the defendant in a single effect and from the resolution that
allows its continuation, an appeal will be heard from the complainant in both
effects.

Article 715°
If the continuation of the work is prohibited in whole or in part, the defendant may
ask the Court for authorization to continue it. In this case, the Judge will order an
expert opinion to be carried out, at the expense of the defendant, and with the
favorable opinion of these experts, the continuation of the work may be
authorized, subject to compliance with the recommendations and safety
measures indicated by the experts. which the Court will determine in detail and
explicitly in the respective order.

The Court will demand from the defendant the appropriate guarantees to ensure
the plaintiff compensation for the damage that the continuation of the work may
cause, and which are demonstrated in the ordinary procedure referred to in the
following article.

Article 716°
From now on, any claim between the parties will be heard through the ordinary
procedure. The claim must be proposed within the year following the completion
of the new work, or within the year following the Decree that ordered the total or
partial suspension of the work.

Once the expiration date has expired, the guarantees established in the interdict
will be extinguished.

Article 717°
In the cases of article 786 of the Civil Code, the procedure provided for in article
713 of this Code will be followed, and the Judge will decide according to the
circumstances, on the measures leading to avoiding the danger, or that the
defendant be informed of the constitution of a guarantee sufficient to respond for
possible damages, in accordance with the request of the complainant.

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Article 718°
From the Judge's resolution, whatever it may be, an appeal will be heard in a
single effect.

Article 719°
From now on, any claim between the parties will be heard through the ordinary
procedure.

Chapter III. Of the demarcation of adjoining properties

Article 720°
The judicial demarcation will be promoted by request in which the requirements
of article 340 must be met and the points where, in the opinion of the applicant,
the dividing line should pass, must be indicated. The property titles of the
applicant or evidence intended to replace them must be accompanied. Any other
documents that may serve to clarify the boundaries may also be attached.

Article 721°
The request for demarcation will be submitted to the District or Department Court
in whose jurisdiction the lands whose demarcation is requested are located, but
if they cover two or more Districts or Departments, the demarcation may be
requested before any of the corresponding Courts. If simultaneous requests
occur, jurisdiction will be determined by prevention.

Article 722°
The Court will summon the parties to attend the demarcation operation at the
place, day and time that it will set for one of the five days following the last
summons issued.

Article 723°
Once the Court is established in the place designated for the demarcation
operation, it will hear the presentations of the parties to whom the demarcation
has been requested, who will present the titles referred to in article 720, and will
indicate where in their opinion the line should pass. divide.

The Court will immediately proceed to establish the points on the land that
determine the boundary, with the help of pilots if necessary. If the boundary thus
established is not accepted by the parties, it will have the status of provisional
boundary.

Only in this act can the parties express their disagreement with the provisional
boundary, pointing out the points on which they disagree with it and the reasons
on which they base their discrepancies.

The neighbor who is proven to have crossed or altered the provisional boundary
will be subject to compensation of five hundred to two thousand bolivars for the
benefit of the other party, and will be subject to liability for any damages caused.

Article 724°
If there is no opposition to the provisional boundary, it will remain firm, and the
Court will declare this in an express order in which it will order that the parties be
issued a certified copy of the minutes of the demarcation operation and the order

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declaring the provisional boundary final. that it be formalized in the
corresponding Subaltern Registry Office and the respective marginal notes are
stamped on the titles of each adjoining property.

Article 725°
The establishment of the provisional boundary is unappealable, but if the
opposition referred to in the second part of article 723 has been formulated, the
records will be passed to the Civil Judge of First Instance before whom the case
will continue through the ordinary procedure, being understood to be open. to
tests the day after receipt of the file.

Title IV. Of procedures relating to family rights and

state of people

Chapter I. From the opposition to the appointment of guardian, protutor

and members
of the guardianship council

Article 726°
In cases of opposition to the appointment of a guardian or guardian and
members of the Guardianship Council, the Judge will notify the Attorney for
Minors to support the interests of the minor or interdict and will set a day to hear
the opponent, the other party and the Attorney for Minors. . If it is an interdict of
legal age, the Judge will appoint a defender to support their interests.

Article 727°
The matter will be processed and decided through the procedures of the short
procedure.

Article 728°
Once the substantiation is completed, the Guardianship Council will be
consulted, if there is one, or whoever is otherwise appointed. An ad honoren
Guardianship Council will also be appointed, or one or more of its members will
be replaced in the same way, when they have an interest in the opposition about
which the consultation is to focus.

Article 729°
An appeal will be heard freely against the sentence.

Article 730°
The provisions contained in the Law on the Protection of Minors will be applied
with preference to those of this Title.

Chapter II. Of the removal of guardians, curators, protutores and

members of the guardianship council

Article 731°
When the removal of a guardian, pro-guardian, curator or member of the
Guardianship Council is requested, a formal writing must be presented in which
the reasons for the request are expressed, and the matter will be given the
course of the ordinary procedure.

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The action will not be admitted if it is not based on any of the causes expressed
in the Civil Code.

Article 732°
When the Court proceeds ex officio in cases regarding removal, it will notify the
Public Ministry in accordance with the provisions of article 132, so that it can
intervene in the matter. In other cases, you may make notification if you deem it
appropriate.

Chapter III. Of interdiction and disqualification

Article 733°
After the interdiction has been promoted, or the Judge has received notice that
circumstances exist in some person that may give rise to it, the Judge will open
the respective process and proceed to a summary investigation into the alleged
facts; will appoint at least two doctors to examine the person notified of insanity
and issue a judgment, and will practice the provisions of article 396 of the Civil
Code and the rest that it deems necessary to form a concept.

Article 734°
If the summary investigation results in sufficient data regarding the alleged
insanity, the Judge will order the process to be formally followed through the
procedures of the ordinary trial; will decree the provisional interdiction and
appoint interim guardian, in accordance with the provisions of the Civil Code.

By the very fact that the provisional interdiction has been decreed, the case will
be open to evidence, investigating those that promote the accused of insanity or
his interim guardian; the other part, if any, and those that the Judge promotes ex
officio.

Furthermore, at any stage of the process the Judge may admit and even agree
ex officio the evacuation of any other evidence, when he considers that it may
contribute to specifying the true condition of the person suspected of dementia.

Article 735°
The Judge who exercises special jurisdiction over family matters and, failing
that, the judge of first instance who exercises full ordinary jurisdiction, is
competent in these trials, but those of the Department or District or those of the
Parish or Municipality may carry out the summary proceedings and send them to
the former, without decreeing the formation of the process or the provisional
interdiction.

Article 736°
The sentences handed down in these processes will be consulted with the
Superior.

Article 737°
The declaration that there is no reason for the interdiction will not prevent a new
procedure from being opened, if new facts are presented.

Article 738°
The minutes of the interrogation that must be addressed to the person

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suspected of dementia, according to the provisions of the Civil Code, will always
express the questions asked and the answers given.

Article 739°
The revocation of the interdiction will be decreed by the Judge who heard the
case in the first instance, at the request of the same people who can promote
the trial, or ex officio. For this purpose, an evidentiary articulation will be opened
for the period established by the Judge, and the decision will be consulted with
the Superior.

Article 740°
The same procedure will be followed for disqualification as for interdiction,
except that it cannot proceed ex officio nor can provisional disqualification be
decreed.

When the Judge does not find sufficient merit to decree the prohibition, in cases
in which this was processed at the request of a party, he may decree the
disqualification if in his opinion there is reason for it.

Article 741°
The revocation of the disqualification will be processed in accordance with the
provisions of Article 739.

Chapter IV. Of the deprivation of parental authority

Article 742°
When the deprivation of parental authority is sought, the controversy will be
substantiated and decided through the ordinary procedure.

Article 743°
If evidence is presented that constitutes a serious presumption of the cause
invoked by the plaintiff, the Judge may decree the measures he considers
necessary to guarantee the protection of the minor while the trial lasts.

Article 744°
Whoever has been deprived of parental authority may request rehabilitation after
one year of the final sentence that decreed it. The request will be made before
the Judge of the case in the first instance, and the decision will be consulted with
the Superior.

Article 745°
For the purposes of the previous article, the Judge will open an evidentiary
articulation for the period that will be established in each case for the instruction
of the corresponding evidence, and may hear the minor, if he finds it convenient.

Article 746°
In the case referred to in article 275 of the Civil Code, the procedures of the brief
procedure will be followed, but the Judge may appoint a provisional guardian if
circumstances require it.

Chapter V. From the food trial

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Article 747°
Provided that the status of the creditor and debtor of the maintenance obligation
is authentically stated. By virtue of which the plaintiff claims to have the right to
food, the respective claim will be substantiated and decided by the brief
procedure provided for in Title XII, Book Four of this Code; except as provided
by special laws.

Article 748°
At the request of the plaintiff, and based on the elements and evidence
presented to him, the Judge may make a provisional estimate of the necessary
amount that the defendant must deliver to the plaintiff monthly, biweekly, or
weekly, as determined. Said estimate will be appealable in a single effect.

Article 749°
For the purposes of the previous article, the Judge will dictate the following
measures:

1º Order the debtor of salaries, wages, pensions, or other remuneration or

income of the defendant to retain the fixed amount and deliver it to the indicated
person.

2º Execute on the assets of the defendant any measures that it considers

necessary to ensure with them the delivery of the fixed amount.

Article 750°
The Civil Judge of First Instance of the domicile of the plaintiff, or that of the
defendant, at his option, is competent to hear this procedure.

Article 751°
When the status of the creditor and the debtor of the maintenance obligation is
not authentically established, the claim will be substantiated and decided by the
rules of the ordinary procedure.

Chapter VI. Of the annulment of the marriage

Article 752°
Trials on the annulment of marriage will be substantiated and decided through
the ordinary procedure, with the intervention of the Public Ministry, in
accordance with the provisions of Title II, of the First Book of this Code.

Article 753°
The sentence handed down in this trial, provided that the claim is declared
admissible, will be consulted with the Superior.

Chapter VII. Of divorce and separation of bodies

Article 754°
The Judge competent to hear divorce and separation proceedings is the one
who exercises ordinary jurisdiction in the first instance, in the place of the marital
domicile. Marital domicile is understood to be the place where the spouses
exercise their rights and fulfill the duties of their state.

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Article 755°
The Court will not admit any claim for divorce or separation of bodies that is not
based on any of the grounds established in the Civil Code.

Article 756°
Once the request for divorce or separation of bodies is admitted, the Judge will
summon both parties for a conciliatory act in which he will encourage them to
reconcile, giving them appropriate reflections for this purpose. This act will take
place after forty-five days after the summons of the defendant, at the time set by
the Court. The parties will appear personally at said event and may be
accompanied by relatives or friends, in a number of no more than two for each
party. Failure of the plaintiff to appear at this event will be cause for termination
of the process.

Article 757°
If reconciliation is not achieved in said act, the parties will be summoned for a
second conciliatory act, after forty-five days of the previous one, at the time set
by the Court. For this act, the same requirements established in the previous
article will be observed.

If reconciliation is not achieved in this act, the plaintiff must state whether he or
she insists on continuing with his or her claim, without which the claim will be
considered withdrawn. If the plaintiff insists on continuing with the lawsuit, the
parties will be summoned to respond on the fifth following day.

Article 758°
The failure of the plaintiff to appear at the act of answering the complaint will
cause the termination of the process and that of the defendant will be considered
as a contradiction of the complaint in all its parts.

Article 759°
Once the claim is answered, or considered contradicted in accordance with the
previous article, the case will continue through all the steps of the ordinary
procedure.

If there is a counterclaim, the Judge will summon the parties to respond within
the legal term, and once answered, the case will be open to evidence, with no
room for new conciliatory acts. Failure of the parties to appear at the response
will produce the effects indicated in the previous article.

Article 760°
If in the divorce or separation of bodies trials, based on the fifth cause of article
185 of the Civil Code, an authentic copy of the final sentence of sentencing to
prison is presented, the Judge will declare that there is no room for evidence
because it is the point of mere law, and will proceed to sentence the case within
the legal period.

Article 761°
Against the determinations issued by the Judge pursuant to the provisions of
article 191 of the Civil Code, no appeal will be heard except for a single purpose.
The Judge will dictate all necessary measures to enforce the preventive

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measures contemplated in this Code.

The measures decreed and executed on the assets of the conjugal community
will not be suspended after the divorce or separation of bodies has been
declared, but by agreement of the parties or because the community of assets
has been liquidated.

Chapter VIII. Of the separation of bodies by mutual consent

Article 762°
When the spouses seek the separation of bodies by mutual consent, they will
personally present the respective statement before the Judge who exercises
ordinary jurisdiction in the first instance in the place of the marital domicile.

In said statement, the spouses will indicate:

1° What they resolve about the situation, education, care and support of the
children.

2° If they choose to separate assets.

3° The alimony that will be indicated.

First Paragraph: Once the separation document has been presented, the
Judge, after examining its terms, will immediately decree the separation of the
spouses, respecting the agreed resolutions, unless they are contrary to public
order or good customs.

Second Paragraph : The lack of declaration regarding the separation of assets

will not prevent the spouses from opting for it later, within the period of
separation.

Article 763°
During the period of separation, the Judge may dictate the provisions referred to
in article 191 of the Civil Code, when the circumstances so advise according to
the evidence that appears in the record.

Article 764°
Against the determinations issued by the Judge in accordance with the previous
article, an appeal will be heard for both purposes.

Article 765°
The ruling converting the separation of bodies into divorce will respect the
agreements of the spouses regarding the children, without prejudice to being
able to resolve otherwise when elements of evidence appear in the records that
advise taking the measures and resolutions referred to in the article 192 of the
Civil Code.

If reconciliation is alleged by one of the spouses, the incident will be resolved in

accordance with the provisions of article 607 of this Code.

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 Chapter IX. Opposition or suspension of marriage

Article 766°
After the Judge of First Instance receives the file of opposition to the marriage,
he will summon the parties to attend the response ceremony on the third day,
proceeding in everything else with the procedures of the brief procedure.

Article 767°
When the Judge of First Instance receives the file on the celebration of the
marriage, by virtue of the provisions of article 78 of the Civil Code, he will
declare whether or not the celebration should continue in suspension. In the first
case, it will proceed in the manner established in the previous article, with
respect to the party to whom the suspension refers; and in the second, he will
return the file so that the marriage can be celebrated.

The same procedure will be followed when the official who must witness the
marriage has suspended it due to impediment, by virtue of the provisions of
article 79 of the Civil Code.

Chapter X. Of rectification and new acts of civil status

Article 768°
The rectification of the items and the establishment of new acts of the civil status
of the persons will be carried out through the procedures established in this
Chapter.

Article 769°
Whoever seeks the rectification of any item in the civil status records, or the
establishment of any change permitted by law, must submit a written request to
the Civil Judge of First Instance to whom the examination of the respective
books corresponds according to the Code. Civil, expressing in it what is the item
whose rectification is intended, or the change of its name or some other element
permitted by law.

In the first case, you will present a certified copy of the item, clearly indicating
the requested rectification and the basis for it. In the second case, in addition to
presenting the item, the applicant will indicate the change of the element they
intend. In both cases, the request will indicate the persons against whom the
rectification or change may take place, or who have an interest in it, and their
domicile and residence.

Article 770°
Once he receives the application, but before admitting it, the Judge will carefully
examine it to see if it fulfills the requirements in the Civil Code and in this
Chapter and if he finds the requirements of the law complete, he will order the
summons for the tenth day after the last summons made to the persons
mentioned in the request, against whom the rectification or change may be
carried out, after publication of a poster in one of the newspapers with the
greatest circulation in the capital of the Republic, summoning for this act as
many people may have their rights affected. In any case of opposition, this will
be substantiated by the ordinary procedure with a summons from the Public

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Ministry, it being understood that the opposition formulated is equivalent to the
response to the claim.

Article 771°
If the persons against whom the request for rectification or change is made and
the interested third parties do not formulate any opposition, the case will be open
to evidence for ten days, following a summons from the Public Prosecutor's
Office, during which the interested party will present what it considers
appropriate in support. of your request. In this articulation, the Judge may order
the evacuation of the evidence that he considers necessary, and the Public
Ministry may also promote it.

Article 772°
Once the evidentiary period established in the previous article has concluded,
the Judge will proceed to issue a sentence declaring the rectification or change
requested with place or without place. This sentence will be carried out without
appeal. In the event that there has been opposition, the sentence will be
appealable and appealable in cassation, in accordance with the general rules.

Article 773°
In cases of material errors committed in the records of the Civil Registry, such as
changing letters, misspelled words or words written with spelling errors, wrong
transcription of surnames, translations of names, and other similar, the
procedure will be reduced to demonstrating before the Judge the existence of
the error, by means of admissible evidence and the Judge with knowledge of the
cause will resolve what he considers appropriate.

Article 774°
Once the rectification or change is declared valid, the enforceable sentence will
be inserted in its entirety in the Civil Status Registries, without making any
alteration to the rectified item, placing in its margin the note referred to in article
502 of the Civil Code.

In cases of rectification of a civil status record, from which errors have arisen in
subsequent records that depend on it, the notification that the Judge makes to
the respective official will be sufficient for the correction of the latter, so that he
can stamp the marginal note provided for in article 502 of the Civil Code.

Title V. Procedures relating to hereditary successions

Chapter I. From oppositions to partition or payments

Article 775°
If any creditor of the inheritance objects to the partition being carried out, or to
the legacies being paid, while his debt is not satisfied, the Court will order the
summons of the heirs and the legatees, if they are the opposition refers, so that
they give their response on the following fifth day; and if a trial takes place, it will
be substantiated and decided in accordance with the corresponding procedure
based on the amount.

There will be no room for opposition if the heirs or legatees provide real or
personal security sufficient to ensure payment of the debt.

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Article 776°
If the creditor's opposition is to payments being made to other creditors, without
prior graduation, the Court will summon the creditors of the inheritance by
means of notices, so that they can attend to deduct their rights within a period of
fifteen days; and the provisions of the title of necessary bankruptcy of creditors
will be followed in all.

The posters will be published at least twice, within a period of ten days, in one of
the newspapers with the largest circulation in the Republic.

Chapter II. From the partition

Article 777°
The demand for partition or division of common property will be promoted
through the ordinary procedure and will especially express the title that
originates the community, the names of the condominium owners and the
proportion in which the property must be divided.

If from the information presented the Judge deduces the existence of another or
other condominium owners, he will order their summons ex officio.

Article 778°
In the act of the response, if there is no opposition to the partition, nor discussion
about the character or quota of the interested parties and the claim is supported
by a reliable instrument that proves the existence of the community, the Judge
will summon the parties for the appointment of the splitter on the tenth following
day. The party leader will be appointed by an absolute majority of people and
assets. If this majority is not obtained, the Judge will summon the interested
parties again for one of the following five days and on this occasion the party will
be appointed by those attending the event, regardless of their number and
assets, and if no one appears , the Judge will make the appointment.

Article 779°
At any stage of the case, the parties may request any of the preventive
measures referred to in the Third Book of this Code, including the measure of
kidnapping established in article 599. The depositary may be appointed by
majority by the interested parties, and in the absence of agreement the Court will
do so.

Article 780°
The contradiction regarding the common ownership with respect to one or some
of the assets will be substantiated and decided by the procedures of the ordinary
procedure in a separate notebook, without preventing the division of the other
assets whose condominium is not contradicted and for this last purpose the
parties will be summoned. for the appointment of the party.

If there is a discussion about the character or quota of the interested parties, it

will be substantiated and decided by the procedures of the ordinary procedure
and once the lawsuit that impedes the partition has been resolved, the parties
will be summoned to appoint the party.

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Article 781°
At the request of the partitioner, the Court may request from the interested
parties the titles and other documents that it deems necessary to fulfill its
mission and carry out, at the expense of the interested parties, any work that is
essential to carry out the partition, such as topographical surveys, expert reports
and other similar works. , prior authorization of the Judge, after hearing the
opinion of the parties. The Judge will set the term in which the appointed party
member must carry out his or her duties, which may not be extended except
once.

Article 782°
The splitter can be urged to fulfill his duty in the same terms as the experts in the
accounting trials.

Article 783°
In the partition, the names of the people whose assets are divided and the
interested parties among whom they are distributed will be expressed, the
assets and their respective values will be specified, debts will be reduced; The
split liquid will be set, the assets of each participant will be designated and
sufficient assets will be awarded in payment to cover it in the most convenient
manner, following for this purpose the provisions of the Civil Code.

Article 784°
The party will present in writing any doubts that may arise to the Court and the
Court will resolve them by hearing the interested parties if it deems it necessary.

Article 785°
Once the partition is presented to the Court, it will be reviewed by the interested
parties within ten days following its presentation. If they do not raise any
objection, the partition will be concluded and the Court will declare it so.

If among the heirs there are minors, interdicted or disqualified, the approval of
the Court will be necessary, after a careful examination of the partition.

Article 786°
If the interested parties raise minor and well-founded objections to the partition in
the opinion of the Judge, the Judge will order the partitioner to make appropriate
and verified rectifications and will approve the operation.

Article 787°
If the objections are serious, he will summon the interested parties and the party
to a meeting and if an agreement is reached, the Judge will approve the partition
with the agreed corrections.

If no agreement is reached, the Judge will decide on the objections presented

within the following ten days. An appeal will be heard from the decision for both
purposes.

Article 788°
The provisions of this Chapter do not restrict the right of the interested parties to
amicably practice partition; But if among the interested parties there are minors,
interdicted or disqualified, the approval of the competent Court will be necessary,

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according to the Civil Code and special laws.

Title VI. From bankruptcy

Chapter I. Of the transfer of assets

Article 789. °
The transfer of assets can be attempted at any time, whether or not the applicant
is sued and even if he or she only has one creditor. This benefit cannot be
validly waived.

Article 790°
The transfer of assets will be heard before the competent Judge of the
applicant's domicile and will be substantiated and decided in accordance with
the rules provided for in this Chapter.

Article 791°
The debtor must accompany his request with a detailed list of his assets, with
the exception of merely personal rights that, due to their nature, cannot be
transferred to others.

You must also accompany it with another list of all your debts, expressing their
origin and the name and address of the creditors.

Without the presentation of these documents, the application will not be

processed.

Article 792°
The Judge will order the consolidation of the proceedings on particular lawsuits
against the debtor.

Article 793°
The Judge will also decree the seizure and deposit of the assets included in the
transfer, and will order them to be sold at public auction, in accordance with the
provisions of articles 669, 670 and 671, the effects exposed to corruption and
the animals whose conservation is burdensome. However, given the
circumstances, the Judge may authorize the depositary to carry out the sale,
after hearing the applicant, then following the provisions of article 538. The
Judge will inform the respective registrar of the seizure regarding real estate,
which will be duly and completely identified in the corresponding document.

Article 794°
In the same decree he will order all the people included in the list of creditors to
be summoned, so that they appear in Court on the fifteenth day at the time
designated after the last one has been summoned, with the instruments that
justify their right. This decree will be published in two of the newspapers with the
largest circulation in the capital of the Republic.

Citations will be made in the manner established in Title IV, Book One of this
Code.

Bolivarian Republic of Venezuela

Article 795°
On the designated day, the creditors or their attorneys, representatives or
defenders will meet in Court and will submit the instruments that justify their
rights, as well as the instruments that accredit the representation they exercise.

Article 796°
When the creditors or any of them are outside the territory of the Republic, and
the requirements established for the summons of these people established in
Title IV, Book One of this Code have been met, the Court may appoint the same
defender, if not They had opposite rights. In this case, the defender of those not
present will have as many votes as the creditors he represents.

Article 797°
If the majority of the creditors do not attend, the meeting will be postponed to the
following third day; and those who have not excused themselves with justified
cause will pay a fine of two hundred and fifty bolivars (Bs. 250, oo) that will be
imposed on them ex officio, and they will be responsible for the damage that the
delay causes to the participants if they claim it. When the third day arrives, the
creditors will meet and deliberate, whichever number attends this meeting, as
long as it is clear that the others have been legally summoned. Those who do
not appear, although they may attend the procedure later, will not have the right
to claim against what was done in their absence.

Article 798°
Once the creditors have met, the Secretary will read the application and the lists
of assets and debts. Then he will report on the provisions agreed upon by the
Court and their results. The creditors, in the order of the respective list, will
produce the instruments that legitimize their credits, and in the same order they
will be read by the Secretary. Immediately the interested parties will be able to
review said instruments and, then, the Judge will encourage the debtor, if
present, and the creditors, to explain everything they believe is conducive to the
object of the former's request, and the blemishes and observations they have to
make about the legitimacy or character and grading of the credits of other
creditors. The Secretary will record the opinions of the debtor and the creditors
on both points, as they are issued. Finally, this same official will publish the
result of the vote, which credits have been crossed out and how many votes
have been gathered against each of these.

Article 799°
If any of the cases provided for in article 1,938 of the Civil Code do not occur, or
if, in the case of any of the first four cases, there is unanimity of votes in favor of
the transfer, this will be admitted by the same fact, and the creditors disagreeing
about the legitimacy of their claims, for conciliation, within the third day; but if it
were the opposite, the admission of the transfer will be suspended until the
controversy is concluded in all its instances, and the disagreeing parties will be
summoned for conciliation, after all of them have signed, with the Judge and the
Secretary, the minutes that will spread.

Article 800°
For the conciliation of the discordant creditors, those who have crossed out the
credits will be heard first, then the debtor, if any, and, finally, those who maintain

Bolivarian Republic of Venezuela

the legitimacy of said credits. If it is a creditor who has joined, he will be heard
first regarding the blemish opposite his credit. The Judge will seek the
agreement of the parties; and if this is not achieved, the act will end, and the
grounds or reasons alleged for or against must be recorded in the respective
minutes. If conciliation is achieved, it will be expressed only in the minutes and
the credits crossed out will be understood as the same admitted fact. In this
conciliation, it will not be permitted to stipulate conditions that are not established
for the benefit of all creditors in general.

Article 801°
When the dissenting creditors are not in agreement, the case will continue
through the ordinary procedure.

Article 802°
If the creditors refuse to admit the transfer, or there is doubt as to whether the
debtor can transfer assets, the Judge will declare whether the transfer is legal,
granting beforehand the period for evidence, if the interested parties demand it.
The Judge, depending on the circumstances, may abbreviate the corresponding
ordinary period of evidence.

Article 803°
Once the controversy over qualification is concluded, the creditors may request
a new deposit from a person designated by the majority of those present without
needing to express cause for the removal of the depositary appointed by the
Judge, and will establish the order if all agree on the grading of said credits. , the
Judge will do it within three days.

Article 804°
Once all disputes have been concluded, and if there is no agreement that
prevents it, concluded in accordance with article 1,946 of the Civil Code, the
transferred assets will be valued and put up for auction, distributing the funds,
whether the transfer has been admitted or denied. , according to the graduation.

The provisions of this article do not prevent mortgage and pledge creditors from
executing their credits, even before the process of transfer of assets is
completed.

Article 805°
For the resolutions of the creditors that are not those referred to in article 1,946
of the Civil Code, it will be enough for the majority of people to attend with the
resolution of the credits, without counting the creditors or defenders of those not
present who have not attended. nor their credits. If there is no majority, the
Judge will decide what to do.

Article 806°
Creditors may appoint by majority when they deem it necessary, a person to
represent the bankruptcy, either in specific matters or points, or in all matters in
which the bankruptcy itself is of interest.

Chapter II. Of the necessary competition

Bolivarian Republic of Venezuela

Article 807°
When two or more creditors appear demanding payment of their credits because
their debtor is sued, or when more than two appear because the debtor has died
or has absconded, they will meet without summoning anyone else, and will
proceed to the classification. of their credits in the manner provided for in article
798, continuing the case as in the trial of transfer of assets; But in the decree
declaring bankruptcy, the embargo will not be decreed except for assets
sufficient to cover the credits that are authentically recorded, without prejudice to
extending it later, if applicable.

Article 808°
The escape or death of the debtor must be proven in their cases to promote the
bankruptcy.

Article 809°
If after the meeting of creditors another is presented, it will be admitted to
bankruptcy, but only with the right to participate in the funds that have not been
distributed, if the nature of its credit does not give it other rights.

Article 810°
Whenever a new creditor appears, the provisions for the qualification of the
bankruptcy credits will be carried out, and the Judge will declare the place they
must occupy in graduation, if it is done.

Article 811°
The creditors who occur first have the right to demand that the trial they have
promoted continue, and that what is sentenced be carried out, giving security to
respond to the creditor recently presented for what is declared in their favor in
the amounts or assets they receive. , case in which the trial resulting from the
action of said creditor will be followed separately.

Article 812°
In this type of bankruptcy, the competent judge will be the one who hears the
previous lawsuit that gave rise to the presentation of the creditors, if it is the one
from the domicile of the debtor; and in cases of escape or death, that of the
jurisdiction of the place where the debtor was domiciled. If the latter has had a
known address, the Judge of the jurisdiction of the place where the majority of
the assets are located will be competent.

If, due to the accumulation, the amount of the competition exceeds that of which
the Court can hear, the matter will be transferred to the one that is competent
due to the amount.

Title VII. Of harmful delay

Article 813°
The claim for prejudicial delay will proceed when there is a well-founded fear that
some of the plaintiff's evidence will disappear.

Article 814°
To prepare the claim, the plaintiff must provide justification before any Judge.

Bolivarian Republic of Venezuela

Article 815°
The demand based on the fear that some of the plaintiff's evidence will
disappear, must express its foundations and will have as its sole objective that
the evidence be immediately evacuated. The functions of the Court will be
limited to carrying out the proceedings promoted with a summons from the
opposing party, which may cross-examine the witnesses, leaving the Court that
comes to hear the case, the power to estimate whether the circumstances
required to consider the case have been met. The advance test is valid.

Article 816°
The prejudicial delay procedure will not be applicable with respect to confession
evidence.

Article 817°
In trials of harmful delay, no appeal will be admitted to the party against whom
they are filed.

Article 818°
The Judge competent to hear these claims will be the Court of First Instance of
the defendant's domicile, or the one that must be competent to hear the trial in
which the evidence of the plaintiff's choice will be asserted.

Title VIII. Of the offer and the deposit

Article 819°
The actual offer will be made through any territorial judge of the place agreed for
payment and when there is no special agreement regarding the place of
payment, at the domicile or residence of the creditor or in the place chosen for
the execution of the contract. The offer document must contain:

1° The name, surname and address of the creditor.

2º The description of the obligation that gives rise to the offer and the cause or
reason for the offer.

3° The specification of the things that are offered.

Article 820°
The debtor or offeror will make the things offered to the creditor available to the
Court to offer to the creditor. In the case of amounts of money, delivery may be
supplemented with certification of the deposit made in favor of the Court in a
local bank.

Article 821°
The Court will go to the place where the offer must be made and will deliver the
things to the creditor who is capable of demanding it or to the one who has the
power to receive it for him.

A record will be drawn up of the offer that will contain:

1º The indication of the time, day, month, year and place in which the offer was
made.

Bolivarian Republic of Venezuela

2º The name, surname and address of the debtor or offeror and of the creditor to
whom the offer has been made or of the person with the power to receive for
whom the things have been received or who have refused to receive them.

3º An exact description of the things, securities or money offered.

4º The response of the creditor, his acceptance or refusal to receive the offer
and the reasons why he refuses to receive it, if such is the case.

5º In case of acceptance of the offer, the mention of payment or delivery of the

thing and in both cases, the granting of the receipt.

6° The minutes will be signed by the Judge, the Secretary and those who
participated.

Article 822°
When the creditor is not present at the event, nor is the person who has the
power to receive it for him, or if he or she refuses to receive the things, the
Secretary will leave a copy of the record drawn up in accordance with the
previous article, in the hands of the person notified of the mission of the Court,
letting the creditor know that if he has not accepted the offer within the three-day
period, the thing offered will be deposited. This delivery will be recorded in the
file. If the creditor has been present at the moment of the offer, he or she will
have the right to continue the procedure.

Article 823°
On the third day following the day on which the offer was made, if the creditor
had been present at the event, or the day on which the copy of the record was
delivered to the person through whom it was made, the Court will order the
deposit of the thing, securities or money offered. If it is money, the deposit will be
made in a Bank, who will have the obligation to receive it without charging
emoluments for its custody; But if the debtor or offeror presents to the Court
proof of a Bank that is willing to receive it through the payment of interest, the
Court will verify the deposit in it. The interest accrued on the money deposited
will belong to the party to whom the Court ultimately returns it.

Article 824°
Immediately after the Court has ordered the deposit of the thing, securities or
money offered, it will order the summons of the creditor to appear within three
days following his summons and at any time set on the tablet referred to in the
Article. 192, to present the reasons and allegations that it considers appropriate
to make against the validity of the offer and the deposit made. Once this period
has expired, whether or not the creditor has presented the relevant reasons and
allegations, the case will be open to evidence for ten days so that the interested
parties can promote and evacuate those they consider pertinent.

Article 825°
Once the evidence period has expired, the Judge will decide on the admissibility
or inadmissibility of the offer and the deposit, within a period of ten days.

If the Judge declares the offer and the deposit valid, the debtor will be released
from the day of the deposit. The costs incurred by the offer and deposit

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procedure will be included in the costs order. In the ruling, the Court will make an
express determination assigning the interest accrued on the amounts of money
that have been deposited, to whomever it corresponds.

Article 826°
Until the day on which the ruling on the validity or nullity of the offer and the
deposit is issued, the debtor may withdraw the thing offered, and the creditor
may accept it.

In the latter case, the creditor must record his acceptance in the file, which will
end the procedure, and the Judge will order the depositary to deliver the thing
offered, the receipt of which will be recorded in the records.

Article 827°
If during the procedure on validity or nullity of the offer the thing offered is seized
by actions directed against the debtor or creditor, the effect of the measure will
be suspended until the validity or nullity of the offer is declared.

Article 828°
In the case of article 1,313 of the Civil Code, the rules established in said article,
and in the previous articles as applicable, will be observed.

Title IX. Of the demands to make effective the responsibility of the

judges in civil matters

Article 829°
A lawsuit may be filed against the Judges, Deputy Judges and Associates of the
Courts in the cases of this Title, in accordance with the provisions contained
therein.

Article 830°
There will be room for complaint:

1º In all cases in which the law declares that the party has no other recourse
except that of complaint, if the law has been violated.

2º When the Judge or court has illegally issued a decree on a point in which the
law does not grant an appeal.

3° For abuse of authority, if functions are attributed that the law does not confer
on them.

4° For denial of justice, if they omit provisions within the legal time on any
request made or illegally deny any resource granted by law.

5º For any other lack, excess or improper omission against express legal
provision of procedure or for violation of express law at any other point.

6º Because the Superior has not repaired the fault of the inferior, when he has
been asked to do so in a legal remedy and is not prohibited from doing so.

Bolivarian Republic of Venezuela

Article 831 °
In any case, the fault must arise from inexcusable ignorance or negligence;
without fraud, and having caused damage or harm to the complaining party.

Misdemeanors that constitute a crime provided for in the Penal Code or other
special law may not be prosecuted except before the competent criminal court.

Article 832°
Negligence or ignorance will always be considered inexcusable when, even
without intention, an order manifestly contrary to the express law has been
issued, or some procedure or solemnity that the law itself requires to be
observed under penalty of nullity has been lacking.

Article 833°
The complaint referred to in this Title may only be filed by the injured party or its
successors.

Article 834°
Anyone who, being able to do so, has not filed a complaint in a timely manner
against the judgment, order or order that caused the grievance may not file a
complaint.

Article 835°
The term for filing the complaint will be four months, counted from the date of the
sentence, order or final order that has fallen in the case and on which the
complaint is based, or from the day on which the irremediable omission that has
occurred is consummated. caused the injury.

Article 836°
The complaint against the District or Department and Parish or Municipal Judges
will be directed to the Civil Court of First Instance of the District. Whatever is
proposed against the Judges of First Instance, will be directed to the respective
Superior Court; and those proposed against the Superior Judges will be directed
to the Supreme Court of Justice.

Article 837°
The libel in which the complaint is proposed must contain the name, surname
and address of the actor; the name, surname, domicile or residence of the Judge
against whom it is directed, and its quality; the explanation of the excess or lack
attributed to it, with an indication of the instruments with which the libel must be
accompanied to justify the complaint.

Article 838°
The Judge of First Instance, associated with two fellow lawyers, drawn by lot
from a list of twelve formed at the beginning of each year; The Superior Court,
with equal associates, and the Supreme Court of Justice, in accordance with its
Organic Law, in their cases, will declare, within five days of introducing the
complaint, in a reasoned decree, whether or not there is sufficient merit to
submit to trial of the official against whom the complaint is filed.

If they declare that there is no place, all proceedings will end. Otherwise, they
will immediately pass the file to those called to substantiate and sentence the

Bolivarian Republic of Venezuela

complaint, according to the following article. In the first case, a fine may be
imposed on the complainant, which will not be less than two thousand bolivars
nor more than four thousand.

Article 839°
The complaint against the Judges of First Instance, District or Department and
Parish or Municipality will be substantiated and decided by the Superior Court of
the Circumscription, with associates; and the one attempted against the Superior
Judges by the Supreme Court of Justice, in accordance with its Organic Law.

Article 840°
The substantiator, the next day after receiving the file, will order that an authentic
copy of the libel and the documentation that accompanies it be made, and that
they be passed to the accused, requiring him to report on the matter within ten
days, plus the distance period. back and forth to the place of trial.

The shipment will be made on a certified sheet, and the receipt thereof will be
added to the records.

Article 841°
If the accused does not report within the indicated period, the Court will proceed
on the fifth day to issue a sentence, with the formalities established in this Code.

Article 842°
The Judge will extend his report following the copy sent to him, and will
accompany it with the instruments he uses.

Article 843°
Once the report has been added to its records, if the point should be ruled as a
matter of mere law, or if both parties had only adduced instruments, the Court
will set the fourth day to proceed with the ruling with the legal formalities.

If one or more of the parties request the opening of an evidentiary period, the
Judge will agree to the one that in his opinion deems sufficient.

Article 844°
If the accused is acting in the case in which the fault is attributed to him, he must
recuse himself from the moment he receives the order to report the complaint.

Article 845°
Once the evidentiary period has concluded, the parties' reports will be heard
within the period set by the Judge and the sentence will be handed down on the
fifth following day.
No appeal will be heard from the sentence.

Article 846°
If a complaint arises, the accused will be ordered to compensate the
complainant for the damages proven in the record, derived from the fault, and
which are estimable in money, according to the prudent discretion of the Court,
which will set the amount.

If the offense is serious, a fine of five thousand to ten thousand bolivars may

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also be imposed on the accused.

And if it is very serious, he will be removed from office, and the Court must make
the participations that are appropriate.

In the conviction, the costs will be imposed on the accused.

Article 847°
If the sentence is acquittal, the costs will be imposed on the plaintiff; and if the
complaint appears manifestly unfounded, you will also be sentenced to pay a
fine of five thousand to ten thousand bolivars.

Article 848°
In the sentence, if in the Judge's opinion the reason for the complaint constitutes
a crime, the complaint will be declared inadmissible and a copy will be sent to
the Judge competent to hear the crime.

Article 849°
The ruling handed down in the complaint will not affect in any way the judgment
in the civil matter to which the complaint refers, and the sentencing Court must
refrain from getting involved in it.

In the complaint trial, the appeal of cassation will be admitted, if applicable, only
when the Supreme Court of Justice has not intervened.

Title On the effectiveness of the acts of foreign authorities

Article 850°
It is up to the Supreme Court of Justice to declare the enforceability of the
sentences of foreign authorities, without which they will have no effect, neither
as a means of proof, nor to produce res judicata, nor to be executed.

Only sentences handed down in countries where execution is granted to final

sentences pronounced by Venezuelan Courts, without prior review of the
substance, may be declared enforceable in the Republic. Such circumstance
must be proven with a reliable instrument.

Article 851°
In order for the foreign judgment to be enforceable in Venezuela, it must meet
the following requirements:

1º That the jurisdiction that corresponds to it to hear the business has not been
taken away from Venezuela, according to the general principles of international
procedural jurisdiction provided for in this Code.

2º That it has the force of res judicata in accordance with the law of the State in
which it was pronounced.

3° That it has been issued in civil or commercial matters or, in general, in

matters of private legal relations.

4º That the defendant has been duly summoned in accordance with the legal

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provisions of the State where the trial was held and that where the summons
was made, with sufficient time to appear and that he has been granted the
procedural guarantees that ensure a reasonable possibility defense.

5° That it does not clash with a final sentence issued by the Venezuelan Courts.

6º That the sentence does not contain statements or provisions contrary to

public order or the internal public law of the Republic.

Article 852°
The request for exequatur will be presented in writing in which the person
requesting it, his or her domicile or residence, the person against whom the
enforcement is to be carried out, and his or her domicile or residence are
expressed. The request must be accompanied by the sentence whose execution
is in question, with the final judgment that has been issued and verification of the
requirements indicated in the preceding article; all in authentic form and
legalized by competent authority.

Article 853°
The person against whom the enforcement action is to be taken will be
summoned in accordance with the provisions of Title IV, Chapter IV of the First
Book of this Code, in order to respond to the request within ten days following its
summons, plus the term of the distance, if any, at any time indicated on the table
referred to in article 192.

Article 854°
In cases of summons for posters, in the absence of appearance of the party
against whom the enforcement action is to be taken, the summons will be
understood with the Defender provided for in article 39 of the Organic Law of the
Supreme Court of Justice .

Article 855°
In the act of response, all questions and defenses must be proposed
cumulatively and the matter will be decided as a matter of mere law, in view of
the authentic documents produced by the parties, but the Court may ex officio, if
it considers it appropriate, order the evacuation of other tests, in which case the
corresponding period will be established, according to the circumstances.

Article 856°
The passing of the acts or sentences of the foreign authorities in matters of
emancipation, adoption and others of a non-contentious nature, will be decreed
by the Superior Court of the place where they are to be enforced, after
examining whether they meet the conditions required in the preceding articles. ,
as soon as they are applicable.

Article 857°
The rulings of foreign courts concerning the examination of witnesses, expert
opinions, oaths, interrogations and other acts of mere instruction that must be
carried out in the Republic, will be executed with the simple decree of the Judge
of First Instance who has jurisdiction in the place where they are to be carried
out. Such acts may be verified as long as said orders come with a request from

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the authority that issued them and legalized by a diplomatic or consular official of
the Republic or through diplomatic channels.

These same provisions are applicable to summonses made to residents of the

Republic to appear before foreign authorities, and to notifications of acts coming
from a foreign country.

Article 858°
To carry out the measures referred to in the previous article, there must be a
person authorized to cover the expenses.

Title XI. Of the oral procedure

Chapter I. General disposition

Article 859°
The following causes will be processed through the oral procedure, provided that
the interest calculated according to Title I of the First Book of this Code does not
exceed two hundred and fifty thousand bolivars.

1º Those that deal with credit rights or property obligations that do not have a
special contentious procedure provided for in the first part of the Fourth Book of
this Code.

2º Contentious labor matters that do not correspond to conciliation or arbitration,

and claims for work accidents.

3º Traffic demands.

4º The other causes that, by provision of the law or by agreement of individuals,

must be processed through the oral procedure.

Article 860°
In the oral procedure, the written form of the acts will only be admitted in the
cases expressly contemplated in the provisions of this Title and when evidence
must be taken before the oral debate, which requires the preparation of a record.
The ordinary provisions are applicable additionally in the oral procedure in
everything not expressly provided for in this Title, but in these cases, the Judge
will try to ensure the orality, brevity, concentration and immediacy of the oral
procedure.

In any case, the provisions and forms of the oral procedure cannot be waived or
relaxed by agreement of the parties or by order of the Judge.

Article 861°
To ensure the effectiveness of the hearing and the continuity of the oral debate
in the Courts to which the oral procedure is assigned, the competent authority
will designate one or more Rapporteurs for the substantiation of the written
processes in accordance with the provisions of the article. 125 of this Code; or
will elect one or more judges to make up the Court, in accordance with the
provisions established by the Organic Law of the Judiciary on the matter.

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Article 862°
The case will be discussed orally at the hearing or debate.

The tests will be carried out by those interested in the oral debate, unless due to
their nature they must be carried out outside the hearing. In this case, the party
presenting the evidence will deal with it orally at the hearing, but the opposing
party may make to the Court all the observations it considers pertinent about the
result or merit of the evidence.

If the evidence taken outside the hearing is expert evidence, the oral
presentation and conclusions of the experts and the observations made by the
parties will be heard at the hearing, without which the evidence will be ineffective
and will be rejected by the Judge.

In any case, the Judge may question the parties, witnesses and experts in the
hearing or oral debate as he deems necessary.

Article 863°
Without prejudice to the provisions of the previous article, the acts and evidence
whose execution is ordered outside the hearing will be carried out under the
direction of the same Judge who must pronounce the sentence, unless it is
necessary to commission the judicial authority of another district. territorial.

Chapter II. From the introduction of the case

Article 864°
The oral procedure will begin by written demand that must meet the
requirements set out in article 340 of this Code. But the plaintiff must accompany
with the libel all the documentary evidence at his disposal and mention the
name, surname and address of the witnesses who will testify in the oral debate.
If sworn positions are requested, these will be acquitted in the oral debate.

If the plaintiff does not accompany his claim with documentary evidence and the
list of witnesses, they will not be admitted later, unless they are public
documents and he has indicated in the libel the office where they are located.

Article 865°
Upon arrival of the day set for the response to the complaint according to the
ordinary rules, the defendant will present it in writing and express in it all the
prior and substantive defenses that he deems appropriate to allege.

The defendant must attach with his response brief all the documentary evidence
at his disposal and mention the name, surname and address of the witnesses
who will testify in the oral debate.

If the defendant does not accompany his response with documentary evidence
and the list of witnesses, they will not be admitted later, unless they are public
documents and he has indicated in the response document the office where they
are located.

Bolivarian Republic of Venezuela

 Chapter III. From the preliminary instruction

Article 866°
If the defendant raises in his answer prior questions of those contemplated in
article 346, these will be decided in any case before the hearing or oral debate is
scheduled, in the following manner:

1º Those contemplated in ordinal 1 of article 346 will be decided within the

period indicated in article 349 and the procedure provided for in Section 6a will
be followed. of the Title of the First Book, if the decision is challenged.

2º Those contemplated in the ordinals 2nd, 3rd, 4th, 5th and 6th of article 346
may be corrected by the plaintiff within a period of five days in the manner
provided for in article 350, without incurring costs for the party that corrects the
problem. defect or omission.

3º Regarding those contemplated in the ordinals 7, 8, 9, 10 and 11 of article 346,

the plaintiff will state within the same period of five days, whether it agrees with
them or if it contradicts them.

Silence will be understood as admission of issues not expressly contradicted.

Article 867°
If the plaintiff does not remedy the issues indicated in ordinal 2 of the previous
article, within the established period or if he contradicts the issues indicated in
ordinal 3 of the same article, eight days will be granted to promote and
investigate evidence, if so requested by any of the parties and if the issues or
their contradiction are based on facts on which the parties do not agree; but in
no case will a distance term be granted.

The Court will issue its decision on the eighth day following the last day of the
articulation, in view of the written conclusions that the parties may present.

If there is no articulation, the decision will be issued on the eighth day following
the expiration of the five-day period referred to in article 351.

The decision of the Judge regarding the issues provided for in the 2nd, 3rd, 4th,
5th, 6th, 7th and 8th ordinals of article 346 will not have an appeal in any case.

The decision on the issues provided for in sections 9, 10 and 11 of article 346
will be freely appealable. The costs of the incident will be regulated as indicated
in Title VI of the First Book of this Code.

The effects of the declaration with place of the previous questions will be those
indicated in Chapter III of Title I of the Second Book for these questions, except
with respect to those provided for in the 7th and 8th ordinals of article 346, which
declared with place, They will have the effect of paralyzing the trial until the
pending term or condition is met, or the prejudicial issue that should influence its
decision is resolved.

Article 868°
If the defendant does not respond to the complaint in a timely manner, the

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provisions of article 362 will apply, but in this case, the defendant must present
all the evidence that he wants to use, within a period of five days following the
omitted response and, if applicable, Defect will be proceeded as indicated in the
last part of article 362.

Once the answer has been duly verified and the previous issues that the
defendant has proposed have been corrected or decided, the Court will set one
of the following five days and the time for the preliminary hearing to take place in
which each party must express whether it agrees to one or some of the the facts
that the counterparty is trying to prove, clearly determining them; those that they
consider admitted or proven with the evidence provided with the complaint and
the answer; the evidence that they consider superfluous or impertinent, or
dilatory and that which they intend to provide during the evidentiary period and
any other observations that contribute to establishing the limits of the
controversy. Minutes will be taken of this hearing and the writings submitted by
the parties will be added to it.

Even if the parties or one of them had not attended the preliminary hearing, the
Court will establish the facts and the limits of the controversy within the following
three days by reasoned order in which it will also open the evidentiary period of
five days. to promote evidence on the merit of the case. Once the evidence is
admitted, the inspections and experts that have been promoted will be carried
out within the period set by the Court, taking into account the complexity of the
evidence. This period will not be longer than the ordinary one.

In no case will the Court authorize witness statements or sworn positions

through commissioners, outside of the oral debate. Whatever the address of the
witnesses, the moving party will have the burden of presenting it for testimony in
the oral debate, without the need for a summons, but the absolver of positions
will be summoned for this act without prejudice to the provisions of Article 406.

Article 869°
In cases of counterclaim, the Court will refrain from setting the preliminary
hearing referred to in the previous article, until the claim and counterclaim can
continue in a single procedure in accordance with article 369.

When, at the time of the response to the claim, any of the parties request the
intervention of the third parties referred to in paragraphs 4 and 5 of article 370,
the setting of the preliminary hearing will be made the day following the
response of the appointment or the last of these if there are several, so that a
single procedure is followed.

In the other cases of intervention by third parties referred to in paragraphs 1, 2

and 3 of article 370, the Court will only admit third parties if they are proposed
before the expiration of the evidentiary period referred to in article 868. case in
which the course of the main trial will be suspended until the third party evidence
period concludes, at which time they will be added to the main trial. In no case
will the suspension of the main trial exceed ninety days regardless of the number
of third parties proposed.

Once the evidence referred to in the previous article and this article has been

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collected, the Court will set one of the next thirty calendar days and the time for
the hearing or oral debate to take place.

Chapter IV. From the hearing or oral debate

Article 870°
The hearing or oral debate will be presided over by the Judge, who will be its
director. If there are no facilities at the Court's headquarters, the Court may
order that the oral hearing be held in another appropriate place. This
determination must be made by the Court when setting the day and time of the
hearing.

Article 871°
The hearing will be held in the presence of the parties or their representatives. If
none of the parties appear at the hearing, the process is extinguished, with the
effects indicated in article 271. If only one of the parties attends, their oral
presentation will be heard and the evidence that has been admitted will be
taken, but the evidence of the absent party will not be taken.

Article 872°
The hearing will be declared open by the Judge who directs it, who will have all
the disciplinary and order powers to ensure the best conduct of the hearing.
After a brief oral presentation by the actor and the defendant, the evidence of
both parties will be received, always beginning with that of the actor. In the
hearing or oral debate, the parties will not be allowed to present or read writings,
unless it is an instrument or evidence existing in the records to which the oral
presentation must refer. In the evacuation of evidence, the rules of ordinary
procedure will be followed as long as they do not oppose the oral procedure.

A written record will not be drawn up for each individual test, but a record or
recording of the hearing or oral debate will be left by any technical means of
reproduction or recording. In this case, the procedure will be as indicated in the
sole section of article 189.

Article 873°
Once the evidence from one party has been received, the Judge will grant the
opposing party a short time to make orally the observations that it considers
appropriate or to cross-examine the witnesses. The Judge may in any case, stop
the intervention of the counterparty, when he considers the matter sufficiently
debated.

Article 874°
The hearing or oral debate may be extended at the request of any of the parties,
until the debate is exhausted on the same day, with the approval of the Judge. In
any case, if the hearing set is not sufficient to completely exhaust the debate, the
Judge must set another one within the following two days to continue the debate,
and so on as many times as necessary until it is exhausted.

Article 875°
Once the oral debate has concluded, the Judge will leave the hearing for a
period of no more than thirty minutes. Meanwhile, the parties will remain in the

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courtroom.

Article 876°
Returning to the Chamber, the Judge will orally pronounce his decision,
expressing the device of the ruling and a precise and laconic summary of the
factual and legal reasons.

Article 877°
Within a period of ten days, the complete ruling will be issued in writing and
added to the records, with the Secretary recording the day and time of the
recording. The ruling will be written in clear, precise and laconic terms without
the need for narrative or transcripts of minutes or documents that consist of
records; but it will contain the factual and legal reasons for the decision and the
other requirements required in article 243.

Article 878°
In the oral procedure, interlocutory sentences are not appealable, unless
expressly provided otherwise. An appeal will be heard from the final sentence for
both purposes in the ordinary period, which will begin to run the day following the
recording of the complete ruling in the records. If the value of the claim does not
exceed twenty-five thousand bolivars, the final sentence will not have an appeal.

Article 879°
In the second instance, the rules established for the ordinary procedure will be
observed.

Article 880°
The National Executive is authorized to determine by Resolution taken in the
Council of Ministers, the Judicial Districts and the Courts of these in which the
provisions of the oral procedure contained in this Title and the date of its validity
will come into effect.

The National Executive is also authorized, in the manner indicated, to notify the
amount and matters established in article 859 of this Code; and to extend the
application of this oral procedure to other matters that it considers appropriate.

Title XII. From the brief procedure

Article 881°
Claims whose principal value does not exceed fifteen thousand bolivars will be
substantiated and sentenced by the brief procedure, as well as the vacancy of
real estate in the cases referred to in article 1,615 of the Civil Code, unless its
application is excluded by law. special. Those demands that are indicated in
special laws will also be processed by the brief procedure.

Article 882°
This procedure will begin by written demand that will meet the requirements
demanded by article 340 of this Code. If the value of the claim is less than four
thousand bolivars, the claim may be proposed verbally by the interested party,
even without being assisted by a lawyer, before the Secretary of the Court, who
will reduce it to writing by drawing up a record to that effect and which will
contain the same. requirements.

Bolivarian Republic of Venezuela

Article 883°
The summons will be made on the second day following the summons of the
defendant, a summons that will be carried out in accordance with the provisions
of Chapter IV, Title IV of the First Book of this Code.

Article 884°
In the act of answering, the defendant may verbally ask the Judge to rule on
some of the preliminary questions referred to in paragraphs 1 to 8 of article 346,
presenting for this purpose the evidence that proves the existence of his
allegation, if such. be the case; and the Judge, hearing the plaintiff if he is
present, will decide the matter with the elements that have been presented to
him and those that appear in the records in the same act, recording everything
that happened in the minutes that will be drawn up for this purpose. The parties
must comply with what was decided by the Judge, without appeal.

Article 885°
If by virtue of the Judge's decision the previous questions proposed by the
defendant are rejected, the answer to the claim will be made the following day at
any time set on the tablet, either orally or in writing. In the first case, a record
containing the response will be drawn up. In this act, the defendant may propose
the other preliminary questions provided for in sections 9, 10 and 11 of article
346 of this Code, so that they can be resolved in the final sentence.

Article 886°
If the previous issues contained in sections 1 to 8 of article 346 were resolved in
favor of the defendant, the proceeding will be in accordance with the provisions
of articles 350 and 355.

Article 887°
The failure of the defendant to appear will produce the effects established in
article 362, but the sentence will be issued on the second day following the
expiration of the evidentiary period.

Article 888°
In the answer to the claim, the defendant may propose a counterclaim as long as
the Court is competent for the amount and the matter to hear it. The Judge, in
the same act of proposing the counterclaim, will rule on its admission, admitting
or denying it. If it is admitted, the counterclaimed plaintiff will be deemed
summoned to respond to the counterclaim on the second following day,
proceeding in that act in accordance with article 887. If there are prior questions
about the counterclaim, they will be resolved in accordance with article 884. The
refusal to admit the counterclaim will be final.

Article 889°
Once the claim, or the counterclaim, if it has been proposed, has been
answered, the case will be deemed open to evidence for ten days, with no limit
of distance, unless both parties request the Judge to decide the matter with the
sole elements of the record.

Article 890°
The sentence will be issued within five days following the conclusion of the

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evidentiary period, or of the answer or counterclaim if the parties have requested
the elimination of the period.

Article 891°
An appeal will be heard from the sentence for both purposes if it is proposed
within the following three days and the amount of the matter is greater than five
thousand bolivars.

Article 892°
When the sentence or an act equivalent to it has become definitive, execution
will take place on the fourth following day if there has been no voluntary
compliance within the three days preceding it.

The execution will be carried out in accordance with the provisions of Title IV of
the Second Book of this Code, but real estate may only be executed after
excusing the movable property of the executed person. In the event of seizure of
real estate by the executor, the executed person may place the movable
property he has at the disposal of the Court and if its value is sufficient to cover
the execution, they will be free of seizure.

Article 893°
In the second instance, the tenth day will be set to issue a sentence. During this
period, which cannot be extended, only the evidence indicated in article 520 will
be admitted.

Article 894°
Outside of those established here, there will be no more incidents in the brief
procedure, but the Judge may resolve any incidents that arise according to his
prudent discretion. You will not hear an appeal from these decisions.

Second part. Of voluntary jurisdiction

Title I. General disposition

Article 895°
The Judge, acting in a seat of voluntary jurisdiction, intervenes in the formation
and development of legal situations in accordance with the provisions of the law
and this Code.

Article 896°
The Judge's determinations regarding voluntary jurisdiction are appealable,
unless otherwise specifically provided.

Article 897°
Once a determination on voluntary jurisdiction is requested from a Judge, it
cannot be submitted to another Court for consideration.

Article 898°
The Judge's determinations regarding voluntary jurisdiction do not cause res
judicata, but establish a rebuttable presumption.

Third parties acquiring rights that have been the subject of the judicial

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declaration are presumed to be in good faith, until proven otherwise.

Article 899°
All petitions or requests regarding voluntary jurisdiction must meet the
requirements of article 340 of this Code, as applicable. In the request, the
applicant will indicate to the Judge the people who must be heard in the matter,
so that their summons can be ordered. Together with them, the public or private
instruments that justify it must be accompanied, and the other means of
evidence that must be used in the procedure must be indicated.

Article 900°
If in the opinion of the Judge there is a third party interested in the request, he
will order that he be summoned in the ordinary manner to appear on the second
day following to present what he believes appropriate, but in no case will there
be room for the appointment of a judicial defender.

Upon admitting the request if there is no interested third party, or once the
opportunity has passed for the third party to appear, the Judge may order the
opening of an evidentiary articulation for the period determined by him, in order
for the pertinent evidence to be collected.

Article 901°
In accordance with article 895, and within three days following the expiration of
the articulation, the Judge will issue the corresponding resolution on the request;
But if it notices that the issue raised corresponds to the contentious jurisdiction, it
will dismiss the procedure so that the interested parties can propose the claims
they consider pertinent.

Article 902°
Expenses are the responsibility of the applicant.

Title II. Of procedures relating to marriage

Single Chapter. Of the consents

Article 903°
Neither the interested parties nor the authority may demand from the persons
who must give their consent for the marriage of minors, the reasons for their
refusal, even when they limit themselves to stating that they neither agree nor
oppose the marriage; Such a statement being understood that they do not give
consent.

Article 904°
The guardian, to give or deny his consent to the marriage, may hear the
Guardianship Council, for which purpose he will request the Juvenile Judge of
the place where the guardianship has been established to bring the Council
together to hear it privately.

Article 905°
The Juvenile Judge, in order to grant or deny the license, may take the private
reports that he deems appropriate in the moral and material interest of the minor.

Bolivarian Republic of Venezuela

 Title III. Of the procedure in guardianship matters

Chapter I. From the guardianship council

Article 906°
The Juvenile Judge of the place where the guardianship is established will form
the Guardianship Council and order its meeting in all cases determined in the
Civil Code and in this Code with notification from the guardian.

Article 907°
The Judge will write the minutes of the Council meeting and will express in it the
date, the name and surname of the people who constitute it, the reasoned
resolution of the majority, the opinion of those who differ, and any other
necessary circumstances, according to the law. . If there is no majority on what
is to be resolved, each person's vote will be expressed.

The Court and all the members of the Council will sign the minutes, and a
certified copy will be given to whoever requests it.

Article 908°
The lack of majority among the members of the Council will not be an obstacle
for the Judge to issue the resolution that must be given according to the law.

Chapter II. From the protutor

Article 909°
In any case in which, according to the law, the guardian must file a lawsuit in
defense of the rights of the minor, he must ask the Judge for a meeting of the
Guardianship Council to consult the matter.

If the guardian and the Guardianship Council disagree, the Judge will resolve
what is fair and most convenient to the interests of the minor.

Chapter III. Authorizations of the father, guardian or curator

Article 910°
When parents need judicial authorization for any act for which the Civil Code
requires it, they will go to the Juvenile Court of their domicile, present the project
of what they intend to do, or its substantial bases and verify the obvious need or
usefulness of the minor.

In the case of an act of disposition, the Judge will first hear the minor if he or she
has already reached the age of fifteen and is in the country.

The Judge, with knowledge of the facts, will provide whatever justice is
necessary, must observe the provisions of article 267 of the Civil Code.

Article 911°
The same procedure will be followed in cases where the guardian or curator
needs judicial authorization for any act in which the law requires it, observing in
all cases the provisions of the Civil Code.

Bolivarian Republic of Venezuela

Article 912°
The provisions of this Title leave aside the provisions of special laws regarding
minors and their protection.

Title IV. Procedures relating to hereditary successions

Chapter I. Of the wills

Article 913°
The request made for the opening of a closed will will be made in the manner
provided for in article 899 of this Code.

Article 914°
The other acts that must be carried out according to the Civil Code will be
recorded in minutes signed by the Judge, the Secretary, the witnesses and the
applicants. If the applicant cannot or does not know how to sign, this will be
stated in the respective minutes.
Article 915°
The same restrictions may be applied to witnesses who do not appear at the
summons issued for this act as in an ordinary trial; and those of the will will also
be responsible for any damages caused by unmotivated absence.

Article 916°
When the open will has been executed before the Registrar and two witnesses
without registration in the same act in the protocols, or subsequently at the
request of the testator, it may be notarized at the request of the heirs or any
interested party.

Article 917°
The open will made without a Registrar, before five witnesses, must be
presented before the Judge of First Instance of the place where the will is
located, within the term established by the Civil Code for recognition, an act in
which the witnesses must be asked if they are He verified the act while everyone
was gathered in the presence of the testator; whether the will was read aloud in
the presence of the grantor and witnesses; if the signatures are those of the
respective persons, and if they saw them put in their presence by the testator, or
by the person who signed at his request, and by each of the witnesses.

If the testator is alive on the date of recognition, he must do so as well, to which

end he will testify about the same facts.

The witnesses will also say whether, in their opinion, the testator was in a state
to make a will.

Article 918°
In special wills, made in accordance with the provisions of the Civil Code, the
proceeding will be in accordance with the preceding provisions, as far as they
are applicable.

Article 919°
All witness declaration procedures or their acknowledgments must be carried out
in separate acts and with the formalities required by this Code for the

Bolivarian Republic of Venezuela

examination of witnesses.

Article 920°
Once all the procedures have been carried out in relation to the various wills
referred to in the previous articles, the Judge will order that the certified copy of
the testamentary provisions be registered in the respective Registry office, and
that the original and the actions carried out be added to the receipts. .

Chapter II. From inventory

Article 921°
To begin the formation of the inventory, the judges must previously set the day
and time. If it is an inventory of inheritances, testate or intestate, or any other
solemn one, it will also be published in the press and on posters, calling on all
who are interested.

Article 922°
The inventory will be drawn up accurately describing the assets, and the Judge,
the Secretary and two witnesses will sign the minutes.
The interested parties will also sign the inventory, and if they do not know or
cannot do so, this circumstance will be expressed.

Article 923°
The general provisions contained in this Chapter will apply to any inventory
ordered by law, except as established by special provisions.

Chapter III. Of the recumbent inheritance

Article 924°
The appointment of curator of a recumbent inheritance will be inserted in the
summons order provided for in article 1,064 of the Civil Code.

Article 925°
The appointed curator must, before entering into the administration, provide
security, as established in article 1,062 of the Civil Code and take an oath before
the Court to faithfully guard the inheritance and to administer it as a good father
of a family.

Article 926°
If the assets belong to a foreigner, and in the place where they are located a
Consul or Consular Agent of the nation to which they belonged resides, said
official will be summoned, and if he or she wishes to take charge of the defense
and administration of the inheritance, he or she will be summoned. he will
appoint a curator; But if public treaties concluded with the nation to which the
deceased belonged provide otherwise, what was agreed upon therein will be
observed.

Title V. Instrument authentication

Article 927°
Any instrument that is presented before a Judge or Notary to be authenticated
will be read in his/her presence by the grantor or any of those attending the act

Bolivarian Republic of Venezuela

and the Judge or Notary will declare it authenticated, extending for this purpose,
at the foot of the same instrument, the corresponding note. , which will be signed
by the Judge or the Notary, the grantor or another who does so at his request if
he does not know how or cannot sign, two witnesses of legal age and the
Secretary of the Court.

The Judge or Notary must identify the grantor by means of his or her identity
card.

Article 928°
Judges and notaries will keep a duplicate numbered and bound record, in which,
without leaving anything clear, they will insert each instrument they authenticate,
under continuous numbering. The entry must be signed by those who signed the
authentication note in the original.

Before making any entry in this registry, the Judge or Notary must record on its
first page the number of those it contains, in a note that will also be signed, if
applicable, by the Secretary of the Court. In order to facilitate authentication,
each Court or Notary may open, in accordance with the provisions of special
laws, more than one original record and a duplicate with its respective order
number and its corresponding alphabetical index. Any opening will be recorded
in the Court's journal on the same date it is made.

Once the aforementioned registration is completed, one of the two copies will be
sent to the Subaltern Registration Office of the respective District or Department,
and the other will be kept in the Court's file.

Title VI. Of the delivery of goods sold, of the notifications and of the
justifications for perpetual memory

Chapter I. Delivery and notifications

Article 929°
When the material delivery of sold goods is requested, the buyer will present
proof of the obligation and the Court will set a day to verify the delivery and notify
the seller to attend the act.

Article 930°
If on the appointed day the seller or within the following two days any third party
opposes the delivery, based on legal cause, the act will be revoked or
suspended, depending on whether it has been carried out or not and the
interested parties may appeal to assert their rights before the competent
jurisdictional authority.

If there is no opposition or the seller does not attend, the Court will carry out the
material delivery.

For the purposes of this article, the Court will not return the collections to the
petitioner while the opposition period is pending.

Article 931°
The same procedure will be followed if a property has been sold with a

Bolivarian Republic of Venezuela

repurchase agreement, and it is established that the right of redemption has
been exercised, when the buyer requests material delivery.

Article 932°
If notification is requested from the subtenant or holder of a property sold in a
rescue agreement, that it must be understood for the payment of rents with the
buyer, either because it has been so agreed, or because the seller does not pay
the rental pensions, the Judge will make the notification or commission an
inferior to verify it.

Article 933°
The same procedure provided in the internal article will be followed when the
creditor objects to the payment to be made to his debtor as established in article
1,289 of the Civil Code. In this case, the applicant will present proof of his debt
and the Judge, upon notification, will let the debtor know that if he makes the
payment he could be forced to pay the opponent up to the amount paid and the
amount of the opponent's debt.

Article 934°
In the cases provided for in this Chapter, the Judge of the district who is
responsible for hearing the amount of the sale and the nature of the matter will
be competent.

Article 935°
Notifications of assignments of credits and any others will be made by any civil
judge of the domicile of the person notified.

Chapter II. Of the justifications for perpetual memory

Article 936°
Any Civil Judge is competent to instruct the justifications and proceedings aimed
at verifying any fact or any right of the person interested in them. The procedure
will be reduced to agreeing, on the same day they are promoted, what is
necessary to practice them; concluded, they will be delivered to the applicant
without any decree.

Article 937°
If it is requested that such justifications or proceedings be declared sufficient to
ensure possession or any right, as long as there is no opposition, the Judge will
decree what he deems in accordance with the law, before delivering them to the
applicant, or within the third day, if this request had been done after the first
procedure; In all cases, the rights of third parties are protected.

The person competent to make the declaration referred to in this article is the
Judge of First Instance of the place where the property in question is located.

Article 938°
If the purpose of the diligence to be carried out is to establish the state of things
before signs or marks that could threaten the parties disappear, the agreed upon
visual inspection will be carried out with the assistance of pilots; but it will not
extend to opinions on the causes of the damage or on points that require expert
knowledge.

Bolivarian Republic of Venezuela

Article 939°
Every judicial authority is competent to receive information of nullity that is
promoted with the purpose of accusing a public official, and will attend to this
with preference to any other matter.

Final Title. Validity of the code and transitional provisions

Article 940°
This Code will come into force on August 2, 1990 and from that date the Code of
Civil Procedure promulgated on July 4, 1916, and any other procedural
provisions that oppose this Code in the matters it regulates, will be repealed.

Article 941°
The appeals filed, the evacuation of evidence already admitted, the terms or
periods that have begun to run, will be governed by the repealed Code;
However, the ongoing procedural periods that are extended by this Code will
benefit the parties or the Court, where appropriate.

Article 942°
The application of this Code to incidents regarding dilatory exceptions that are in
progress will be governed by the following transitional provisions:

1° Opposed dilatory exceptions in accordance with ordinal 1° of article 248 of the

repealed Code, which are in relation or pending resolution in the first instance,
will be decided on the fifth day following notification of the parties, at the request
of any of the parties. these or ex officio, and what is indicated in article 349 of
this Code will be applied with respect to the challenge of the sentence. If the
exceptions are found on appeal, the Superior Court will decide them within the
period indicated in article 73, after notification of the parties and the procedure
indicated in article 75 will be followed.

2º If the exception of incompetence has been proposed together with other

dilatory exceptions, the Judge declared competent will apply to the others the
provisions of articles 350 and 351 of this Code, as the case may be, and the
procedure indicated in articles 352 and 351 of this Code will be followed.
following until the response to the claim takes place, in accordance with article
358.

3° If the opposing dilatory exceptions do not include that of incompetence, but

only some or all of those indicated in sections 2 to 8 of article 248 of the
repealed Code, and are found in the first instance, the Court, ex officio or at the
request of party, will notify them so that the plaintiff can explain what is
appropriate in accordance with articles 350 and 351 of this Code, as the case
may be, and the procedure indicated in articles 352 and following will be
followed as soon as they are applicable, until the the answer to the claim, in
accordance with the 2nd, 3rd and 4th ordinals of article 358.

If the exceptions referred to in this section are found in appeal, the Court, ex
officio or at the request of a party, will terminate the report of the incident, if it
has not been concluded, and will set a day and time to hear the reports, after
notification of the parties. , and will proceed to sentence within the period

Bolivarian Republic of Venezuela

indicated in article 521 of this Code. Otherwise, if the relationship and the reports
have taken place and the incident is pending judgment, the Court will proceed to
decide it within the indicated period, and will then proceed to answer the claim in
accordance with the 2nd, 3rd ordinals. and 4th of article 358, as the case may
be.

4° Questions of jurisdiction between judges, whether positive or known, or

negative or not known, pending decision, will be resolved in accordance with the
law in force at the time of their promotion, in preference to any other business,
and the determination It will be communicated ex officio to the Courts between
whom the controversy has arisen.

Article 943°
Exceptions of inadmissibility opposed in accordance with the ordinals 1, 2, 3 and
4 of article 257 of the repealed Code, which are pending decision in the first
instance or on appeal, will be decided in accordance with the law in force at the
time of their promotion and the sentence will be heard freely or the appeal of
cassation, if applicable, if they are declared admissible. Otherwise, if the
exceptions are declared void in the first instance, they will have a single appeal.

Article 944°
The terminations of the instance that had begun to run before the validity of this
Code will be governed by the Code under whose rule they began; But if, since
this Code is in observance, all the time required for peremptions has elapsed,
these will take effect, even though a longer period is required by the previous
Code.

Article 945°
The National Executive, after hearing the opinion of the Supreme Court of
Justice and the Judicial Council, may modify the amounts established in this
Code, except those that refer to fines, compensation or compensation of any
kind. The respective Decree will be issued by the President of the Republic in
the Council of Ministers and will come into force ninety (90) days after its
publication.

Article 946°
Records may be deleted from judicial archives, by incineration, mechanical
destruction or other appropriate means, after five (5) years from the date of
definitive termination of the case or matter, including execution. To this end, a
prominent notice will be published in a newspaper of national circulation and in
the Official Gazette, at least thirty (30) days in advance, so that interested
parties can request, at their own expense, the return of the documents that were
collected. found in the respective files. The notice must contain the full name of
the corresponding Court, the name and surname of the parties or their corporate
name and the file number.

Given, signed and sealed in the Federal Legislative Palace in Caracas, on the
twentieth day of the month of July, one thousand nine hundred and ninety. Year
180 of Independence and 131 of the Federation.

President

Bolivarian Republic of Venezuela

(L.S.)

David Morales Bello

The vice president

Luis Enrique Oberto

The Secretaries
José Rafael Quiroz Serrano
Jose Rafael Garcia

Miraflores Palace, in Caracas, on the seventeenth day of September, one

thousand nine hundred and ninety. 180th year of Independence and 131st year
of the Federation.

Be fulfilled,
(L.S.)

Carlos Andrés Pérez

Countersigned

The Minister of Justice,

(L.S.)
Jesus Moreno Guacarán

Bolivarian Republic of Venezuela