Civil Procedure Code at Guatemala
Guatemala's primary legal framework for civil litigation is the Código Procesal Civil y Mercantil, enacted by Decree No. 107 on September 14, 1963. This code governs civil and commercial procedures in the country. (Civil and Commercial Procedure Code (adopted by Decree No. 107 of 14 September 1963), Guatemala, WIPO Lex)
📘 Accessing the Civil Procedure Code
For those seeking an English translation of the code, the International Center for Not-for-Profit Law (ICNL) provides a version amended in 2010. This document is available for download on their digital legal library. (Civil Code (amended in 2010) - ICNL)
⚖️ Recent Amendments
In October 2022, Decree 47-2022 introduced reforms to the Civil and Commercial Procedure Code concerning family law matters. Key changes include: (Amendments to the Code of Civil and Commercial Procedure in family matters - Guatemala - LatinAlliance)
DNA Testing: Family judges may now request DNA tests from the National Institute of Forensic Sciences (INACIF) without charging fees in paternity and filiation cases. (Amendments to the Code of Civil and Commercial Procedure in family matters - Guatemala - LatinAlliance)
Alimony Determination: Judges can now address child support obligations directly in paternity and filiation rulings, eliminating the need for separate proceedings. (Amendments to the Code of Civil and Commercial Procedure in family matters - Guatemala - LatinAlliance)
Legal Representation for Minors: The Attorney General's Office is authorized to provide provisional legal representation for minors until a guardian is appointed. (Amendments to the Code of Civil and Commercial Procedure in family matters - Guatemala - LatinAlliance)
Oral Proceedings: All family law cases are now processed through oral proceedings, including contentious, voluntary, knowledge, execution, and precautionary matters. (Amendments to the Code of Civil and Commercial Procedure in family matters - Guatemala - LatinAlliance)
Alternative Dispute Resolution: The use of mediation and conciliation is encouraged to expedite the resolution of family law disputes. (Amendments to the Code of Civil and Commercial Procedure in family matters - Guatemala - LatinAlliance)
🏛️ Official Resources
The National Center for Judicial Documentation (CENADOJ) is the official repository for Guatemalan legislation. It offers access to over 60,000 laws, government decrees, and judicial publications. While the primary language is Spanish, the center provides valuable resources for legal research. (CENADOJ)
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