Tobar ZVS

NEWS AND BULLETINS

NEW LAW ALLOWS SERVING DEFENDANTS WITH A JUDICIAL COMPLAINT BY E-MAIL

By Tobar ZVS en NEGOTIATION, CONFLICT RESOLUTION AND DISPUTES .

On January 31st, the National Congress accepted the partial objection of the Government to the Bill of the Organic Law for the Digital and Audiovisual Transformation. With this vote, the Bill was approved. The law will be sent to the Official Gazette for its publication and entry into force.

The Organic Law for Digital and Audiovisual Transformation reforms several regulatory bodies, among them the General Organic Code of Proceedings (COGEP). One of the main changes in this law is the permitting to serve defendants with a judicial complaint via e-mail.

– Electronic summons (sent to a mailing address) may be used when:

o The parties have expressly agreed in a contract on an electronic address for serving.

o The defendant cannot be found in person, or when its domicile or residence is impossible to determine and:

▪ Has a citizen electronic mailbox (in 2020 the reform to the Electronic Commerce Law resulted in the obligation of the governing entity of telecommunications to create this system, but so far it has not been done).

▪ Have a legal proxy (with capacity to transact) that has included its e-mail address in the judicial proxy deed.

▪ The defendant is a legal entity subject to the control of the Superintendence of Companies, the Superintendence of Banking or the Superintendence of Popular and Solidarity Economy, through the e-mail registered with the control entity.

* In order to comply with the telematic summons it will not be necessary to generate letters rogatory, deprecatory or commissions, making procedures more expeditious.

¡Manténte informado!

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NEWS AND BULLETINS

NEW LAW ALLOWS SERVING DEFENDANTS WITH A JUDICIAL COMPLAINT BY E-MAIL

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