Civil law in El Salvador

The Código Civil provides the general framework for private rights and duties. The Código de Familia governs marriage, non-marital unions, parenthood, maintenance, adoption, divorce and parental authority. The Código Procesal Civil y Mercantil (CPCM) sets the procedures for civil and commercial disputes, evidence, appeals, precautionary measures and enforcement. The Ley de Notariado and the Ley del Ejercicio Notarial de la Jurisdicción Voluntaria y de Otras Diligencias regulate notarial acts and certain non-contentious procedures. A civil matter may begin with a contract, a property or registration document, a family-status record, an inheritance or a claim for compensation. Depending on the issue, the relevant path may lead to a notary, the Registro Nacional de las Personas Naturales (RNPN), a local civil-status registry, the Centro Nacional de Registros (CNR), the PGR or a court. The CNR handles property and mortgage registration, the Registro de Garantías Mobiliarias and related cadastral services. The RNPN and local registries provide records concerning birth, marriage, death and family status. Civil courts and mercantile courts handle disputes according to subject matter, claim value, territory and procedural function. The general territorial rule usually connects the case to the defendant's domicile, while inheritance matters generally connect to the deceased person's last residence. Juzgados de Paz can support conciliation, and the PGR provides mediation, conciliation and legal assistance for natural persons with limited financial resources. Private and municipal accredited centres may also offer mediation, while arbitration can apply to rights that the parties may legally settle. Contracts can create duties to perform, pay, deliver or refrain from an act. A public deed, private document, identity record or proof of authority may be required depending on the transaction. Transfers of real estate and mortgages generally require a deed and CNR registration. Movable guarantees can be recorded electronically in the Registro de Garantías Mobiliarias, which establishes opposability and priority under the applicable rules. Breach may lead to performance, reversal, compensation or other remedies, depending on the contract and law. Property matters include ownership, possession, use rights, easements, co-ownership, partition, boundary measurement, subdivision and supplementary title procedures. A CNR application may require the deed or title together with cadastral or solvency documents and then undergo legal review, observation or correction. Examples of CNR charges include USD 8.86 for an extract certificate, USD 8.86 plus USD 0.35 per page for a literal certificate, USD 1.77 for a certificate of no registered property and USD 0.71 for index data. Processing times vary, although selected CNR services may be available on a one-working-day basis. Inheritance follows a will or the statutory order for intestate succession. The process can involve a civil court or a notary where non-contentious jurisdiction permits it, followed by acceptance or repudiation, an inventory benefit, a decision or protocolisation and registration of transferred property. The statutory order includes children, parents, a spouse or non-marital partner in the first order, followed by other relatives and, in subsidiary cases, the Universidad de El Salvador or hospitals. A claim for civil liability generally requires proof of damage, unlawfulness or breach and causation. Contractual disputes, consumer issues, employment matters and conduct that is primarily criminal may require a different legal pathway. Court, notarial, lawyer, expert, registration and mediation costs depend on the procedure and circumstances. There is no single national flat fee for all civil-law matters. A civil process normally involves filing a claim or request, admission, service of notice, a hearing or evidence stage, a decision and, where applicable, an appeal or enforcement. Enforcement may involve a judgment or other enforceable title, attachment, sale, adjudication or payment. For movable guarantees, the Registro de Garantías Mobiliarias lists separate charges for starting or ending enforcement and for an enforcement certificate.