Civil Procedure Code at San Marino
San Marino's civil litigation framework is governed by a combination of laws and procedural rules that have evolved over time. The most recent significant reforms were enacted through Law No. 102 of July 1, 2015, which introduced comprehensive changes to civil and administrative procedures. (Machine Translation of "Law 102 Of July 1, 2015 - Rules On Procedure And Civil Law And Administrative Procedure" (San Marino))
⚖️ Key Features of San Marino's Civil Procedure
1. Civil Procedure Rules (Law No. 102/2015)
This law introduced several amendments to the civil procedure, including:
Evidence and Deadlines: Modifications to the rules concerning the presentation of evidence and the deadlines for their submission. Notably, if a defendant waives certain procedural deadlines, the plaintiff may request the opening of a rebuttal period. Conversely, if the plaintiff waives the rebuttal period, the defendant retains the right to waive it even after its opening, provided they do so by the first legal day following the notification of the decree. (Machine Translation of "Law 102 Of July 1, 2015 - Rules On Procedure And Civil Law And Administrative Procedure" (San Marino))
Judicial Appraisals: Changes to the procedures for judicial appraisals, including the appointment of appraisers and the timelines for their reports. Appraisers are required to declare any potential conflicts of interest and provide an estimate of the time and costs involved.
Notification Procedures: Amendments to the rules governing the notification of judicial acts, including the possibility of electronic notifications and the procedures for serving documents to parties who have waived their right to be notified. (Machine Translation of "Law 102 Of July 1, 2015 - Rules On Procedure And Civil Law And Administrative Procedure" (San Marino))
Appeals: Clarifications on the procedures for appealing judgments, including the grounds for appeal and the timelines within which appeals must be filed.
Prescription and Limitation Periods: Establishes that property rights are subject to a 20-year prescription period, while credit rights are subject to a 10-year period. These periods can be interrupted or suspended under certain conditions.
Legal Aid: Reforms to the legal aid system, including the establishment of criteria for assessing the financial eligibility of applicants and the procedures for granting legal aid. (Machine Translation of "Law 102 Of July 1, 2015 - Rules On Procedure And Civil Law And Administrative Procedure" (San Marino))
2. Coordination and Transitional Provisions
The law includes provisions to ensure the smooth transition from the previous legal framework to the new system, including the repeal of conflicting provisions and the establishment of transitional rules to handle ongoing cases.
📘 Accessing the Full Text
The full text of Law No. 102 of July 1, 2015, along with its amendments, can be accessed through the official San Marino legal portal: (Machine Translation of "Law 102 Of July 1, 2015 - Rules On Procedure And Civil Law And Administrative Procedure" (San Marino))
👉 San Marino Official Legal Portal
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