OPEN UNIVERSITY FOR ADULTS

UAPA

LAW CAREER
SCHOOL OF LEGAL AND POLITICAL SCIENCES

ISSUE:
TASK 4

PRESENTED BY:
INDHIRA EVANGELISTA LANTIGUA 2019-08181

ID:
100031122

SUBJECT:

DRAFTING OF LEGAL DOCUMENTS

FACILITATOR:
FREDDY PEREZ

Santiago de los Caballeros

Dominican Republic

Friday, February 11, 2022

Introduction

This expo report addresses all issues related to introductory claims, from the
beginning of the process to its completion. We will present a synthesis of different
legal figures, our main objective is to make our colleagues aware of everything
related to the development of claims, to better understand this process we must
follow these laws. Although we all know that it is the people who are interested in
managing all stages of the process.
In this unit we will talk about the setting of a hearing, it is any situation executed by
the plaintiff as a diligent party. The purpose is to request the chief judge to
determine the time and date of the current request. The defendant's attorney could
do this. It must be the original and a photocopy to ensure that the photocopy is
confirmed as received, then the trial judge will designate the corresponding
courtroom by means of minutes. After the attorney's handover, the attorney will go
to the corresponding court to establish the time and date of the hearing.
If necessary, the Citizenship Law can be repealed with a ruling. The sentence must
be registered and will be registered in the depository of the civil registry of the
decree as an object of nullity.
1. A conceptual map of the different instances and demands that can be
presented in civil matters.

INSTANCE OF HEARING SETTING.

The "hearing stage" is a service for users who want to

ask the judiciary to grant them a hearing, so that the
judge or several members of the audience can
understand their case.

INSTANCE REQUESTING
COMMUNICATION OF DOCUMENTS.

Currently, the service of documents is governed by

articles 49 to 59 of Law No. 834 of 1978. In this sense,
it must be spontaneous, that is, any party that will use
the document is obliged to communicate. If this is not
done naturally, it will be done amicably between
lawyers, or by depositing it in the clerk's office, and the
judge will order it without formalities.

INSTANCE OF APPROVAL OF ACTS OR

AGREEMENT SIGNED BETWEEN THE PARTIES.
 In a metaphorical sense, "homology" means the following: the court
recognizes certain behaviors and grants them enforcement power. As far
as the Supreme Court is concerned, this type of homology has no
decision, its decision is limited to its approval. Certain acts that are
granted only enforceable power constitute homoplagiarism. The division
and formation of plots must be approved by court ruling. In fact, when the
lot is designated and the answer is decided, the initiator will have the
partner participate in the notary's investigation to witness the end of the
meeting minutes. (Legal basis: Article 980 of the Chinese Code). Then,
the notary will deliver a copy of the separation deed to the most diligent
party to facilitate judicial approval. The homologous ruling is a type of
lottery that must be ordered and will be done before the judge or notary.

DEMANDS FOR COLLECTION OF

PESOS.

A person called the creditor tried to recover the money by taking another
person called the debtor to court so that the latter could fulfill the promise
made.

DEMAND FOR DIVORCE DUE TO

INCOMPATIBILITY OF CHARACTER.

The previous article commented on the cost and duration of divorce in the Dominican
Republic, divorce of foreigners and consensual divorce. However, there are many
people who want to get divorced because they do not meet any standards or
requirements and therefore are not suitable for these categories or cannot carry out

One of them is the so-called "incompatible divorce." Although, in fact, character

incompatibility is only one of the broadest causes of types of divorce, called "specific
reasons." Divorce for specific reasons means that the spouse invokes or specifies one
of the reasons listed in the Law Bis on Divorce in articles 2 and 1306 of the Dominican
Republic.
 DIVORCE BY MUTUAL AGREEMENT.

The divorce was agreed to by both parties in the Dominican Republic. Both parties
agree to divorce when both parties agree to measures that will take effect after
separation. This is the procedure followed by the Court of First Instance of the
spouse's last residence.

CLAIM IN CONTRACTUAL CIVIL

LIABILITY

It is an obligation to compensate for damages caused by a serious breach of

contractual obligations. In this case, the term contract is used in a general way,
including not only the contract itself, but also the usual acts of the legal entity to
assume obligations.

It is an obligation to compensate for damages caused by a serious breach of

contractual obligations. In this case, the term contract is used in a general way,
including not only the contract itself, but also the usual acts of the legal subject to
assume obligations.

CLAIM IN CONTRACTUAL CIVIL LIABILITY

It is an obligation to compensate for damages caused by a serious breach of

contractual obligations. In this case, the term contract is used in a general way,
including not only the contract itself, but also the usual acts of the legal entity
to assume obligations.
Contractual liability is the liability that arises from non-compliance with contractual obligations
and is stipulated in article 1146 et seq. of the Dominican Civil Code. This type of liability arises
when one of the contracting parties does not fulfill its contractual obligations, such as the
seller who refuses to deliver the goods sold.

LAWSUIT IN CRIMINAL AND QUASI-

CRIMINAL CIVIL LIABILITY

CRIMINAL CIVIL LIABILITY.

Compensation for damage caused by the violation of a pre-existing legal act or

obligation is an obligation to compensate, although the legislator has not made a
clear decision, whether the damage is protected by law or by establishing sanctions
within a positive legal system. This happens when people cause harm to victims
through illegal actions.

QUASI CRIMINAL

However, when the author of the damage is a subordinate of one of the contracting
parties, by application of the representation, the liability would fall within the
contractual level. Although it is true that for the existence of contractual liability it is
necessary that a contract exists between the author of the damage and the victim
and that in the absence of a contract the liability would be delictual or quasi-delictual.

LAWSUIT IN DENIAL OF AFFILIATION.

DEMAND FOR NULLITY OF BIRTH

CERTIFICATE.
 Documents to Deposit:
1. Self-designation of room.
2. Request for setting a hearing addressed to the President Judge of the Civil and
Commercial Chamber of the Court of First Instance of the National District + Taxes.
3. Placement document duly registered.
4. Recent and legalized birth certificates.
5. Power of Representative.
6. Writing of conclusions + Taxes.

CLAIM IN PARTITION.

The division of inherited property is a legal procedure proposed in the real estate jurisdiction
to determine the right or register the real estate right over one or more properties in the
name of the heir, partner or donee, or in the registry process, belonging to the deceased.
The completion of this practice report will leave the plaintiffs' court a void in the process of
division of inherited assets, which will allow the lawyer to correctly execute this procedure.
2. Based on the data provided by the facilitator, draft one of the
following legal documents:
o Claim in contractual Civil Liability.
o Lawsuit for annulment of birth certificate.
o Demand for partition.
AL: HONORABLE JUDGE TRIBUNAL LANDS OF JURISDICTION
ORIGINAL OF GENTLEMEN.

To: SECRETARY OF THE SUPERIOR LAND COURT

SUBJECT: REQUEST FOR SUCCESSIONAL PROPERTY. OPENING OF

PROCEDURE FOR PARTITION OF ASSETS.

APPLICANTS: MARIA ROSARIO, TEREZA CASTILLO ROSARIO,

FRANCISCA CASTILLO ROSARIO, JUAN CASTILLO
ROSARY BEADS

LAWYER: INDHIRA EVANGELISTA LANTIGUA

HONORABLE MAGISTER
DEMAND FOR PARTITION OF SUCCESSIONAL PROPERTY
ACT No: 008080-70
ACTING at the request of the gentlemen, MARIA ROSARIO , Dominican, of legal
age, single due to widowhood, holder of the identity card and electoral card No.
031-03150000-0, domiciled and resident at 4 Cambodia Street in Las Ciruelitas,
municipality and province of Santiago; TEREZA CASTILLO ROSARIO ,
Dominican, of legal age, single, holder of ID no. 031-032222222-0, domiciled and
resident at Los Pekin Calle 4 n 5, municipality and province of Santiago.
FRANCISCA CASTILLO ROSARIO , Dominican, of legal age, married, holder of
the identity and electoral card No. 031-03200000-2, 8th street, house n 2, the
gardens, municipality and province of Santiago. JUAN CASTILLO ROSARIO ,
domiciled and resident in Santiago, Dominican Republic. Of legal age, married,
holder of identity card no. 032-033333333-3, domiciled and resident in the 5th
street, house n. 7 in the Cruz de Mari López municipality and province of Santiago;
duly represented by LICENSED INDHIRA EVANGELISTA LANTIGUA ,
Dominican, of legal age, holder of Identity Card 034-03125555-5, with domicile and
residence at Calle la Principal Colinas n 28 del Norte Santiago de los Caballeros,
Dominican Republic. Who for the purposes and consequences of this document
acts as its legal representative; In order to provide the greatest clarity and
objectivity possible, we have divided this document as follows:
YO. PROPERTY IDENTIFICATION.
a) Solar No. 2, Block No. 705, No. 1 of the Santo Domingo National District,
Dominican Republic, with a surface area of seven hundred and twenty-five (725)2
square meters, covered by Certificate of Title No. 205, registered in Book No. 318,
Folio No. 240, issued in the name of Mr. GIOVANNI GÓMEZ , on March 14, 2001.
II.- FACTUAL AND PROCEDURAL CONSIDERATIONS.
1. Mr. PEDRO CASTILLO MORALES died due to respiratory cardiac arrest,
cardiopathy mellitus, at the Corominas Clinic, located at Calle Restauración 57, in
this city of Santiago de los Caballeros, on April 28, 2019, as verified by the extract
from the death certificate No. o12o12oo, issued by the Civil Status Officer of the
Third Circumscription of Santiago de los Caballeros, registered in Book No. 0000
of Death Records, timely declaration, Folio No. 0xxxx, from the year 2019.
2. At the time of his death, Mr. PEDRO CASTILLO MORALES was married to the
lady, MARIA ROSARIO, as can be seen in the extract of the civil marriage
certificate issued by the Civil Status Officer of the Second District of Santiago de
los Gentlemen, registered with No. 0xxxx, from Book No. 0xxxx of Civil Marriage
Records, Folio No. 0000, from the year 19xx, issued on November 14, 2015.
3. Mr. PEDRO CASTILLO MORALES fathered three (3) children with Mrs. MARIA
ROSARIO, namely: a) TEREZA CASTILLO ROSARIO, born on February 26, 1955,
as verified by the extract from the birth certificate registered with No. 00680,
registered in Book No. 00222, Folio No. 0280, from 1955, issued by the Civil Status
Officer of the First District of Santiago de los Caballeros; b) FRANCISCA
CASTILLO ROSARIO, born on February 14, 1957, as verified by the extract of the
birth certificate registered with No. 000247, registered in Book No. 00118, Folio No.
0247, from 1957, issued by the Civil Status Officer of the First District of Santiago
de los Caballeros; c) JUAN CASTILLO ROSARIO, born on April 12, 1958, as
verified by the extract of the birth certificate registered with No. 512, registered in
Book No. 125, Folio No. 262 of the year 1958, issued by the Civil Status Officer of
the First Santiago de los Caballeros District; ---------------------------------
4. In accordance with the act of public notoriety implemented by -0101111, Notary
Public of the number for the municipality of Santiago, dated February 6, 2016, the
first copy of which is attached hereto, it is verified that the The only people invested
with the Successor vocation to be able to collect the relict assets of the late Mr.
PEDRO CASTILLO MORALES , are his common wife in assets, Mrs. MARIA
ROSARIO, and his seven (3) legitimate children indicated above, the gentlemen:
TEREZA CASTILLO ROSARIO, FRANCISCA CASTILLO ROSARIO, JUAN
CASTILLO ROSARIO .
5. Mr. PEDRO CASTILLO MORALES , during his lifetime, had acquired property
rights over Lot No. 2, Block No. 705, No. 1 of the Santo Domingo National District,
Dominican Republic, with a surface area of four hundred and twenty-five (725)
square meters, covered by Certificate of Title No. 205, registered in Book No. 318,
Folio No. 240, issued in the name of Mr. GIOVANNI GÓMEZ , on March 14, 2001.
6. Notwithstanding the above, although the title certificate was issued by the
Santiago Title Registrar in favor of Mr. PEDRO CASTILLO MORALES , it was not
issued as can be verified by certification issued by the Central Archive of the Real
Estate Jurisdiction , dated July 19, 2016, in which it certifies that in the files
corresponding to the files of the Courts and Title Registry of Santiago, there is no
record of the Receipt of Withdrawal of the Title in favor of Viterbo Antonio
Rodríguez.
7. Due to the fact that the Certificate of Title was issued, but not issued, on October
21, 2016, the request for issuance of the Certificate of Title due to non-issuance
was deposited with the Santiago Title Registry, upon request. of the successors of
Mr. PEDRO CASTILLO MORALES , following the procedure established in the
Title Registry Regulations for the request for issuance of a duplicate to the owner
due to loss. Through the same instance, the correction of a material error related to
the name of the spouse, Mrs. MARIA ROSARIO , was requested, which we attach
hereto.
8. That said request is currently being observed in the Registry of Titles until the
acknowledgment of the power of attorney of the Court of Original Jurisdiction
regarding the determination of heirs in relation to Mr. PEDRO CASTILLO
MORALES is deposited.
9. Through the certification of legal status attached to this application, the status of
the property that makes up the relict assets of the deceased is verified.
10. In the case at hand, the settlement of the Inheritance tax was carried out, as
verified in payment receipt number 13953814777-8 of the General Directorate of
Internal Taxes, duly accompanied by the list of modifications and the description of
the taxes to pay, issued by the General Directorate of Internal Taxes.
III.- LEGAL CONSIDERATIONS
11. Article 57 of law no. 155-05 establishes, with respect to the determination of
heirs, the following: “the real estate jurisdiction is only competent to determine the
determination of heirs when it is requested together with the division of real estate.
The registrar of titles must register and execute the determination of heirs with the
presentation of the decision of the corresponding court and the other documents
required by law.
12. The regulations of the superior land courts and of original jurisdiction of the real
estate jurisdiction, establish in its articles 139 and 140, the following: “amicable
partition is one in which all the co-owners, co-heirs and/or co-participants of a
property registered come to a common agreement to put an end to their state of
indivision.
The co-owners, co-heirs and/or co-participants must prepare a partition proposal
by common agreement, which can be implemented by authentic act or under a
private signature duly legalized by a notary public.”
13. That according to the act of friendly partition implemented by Mr. Juan Carlos
Ozuna, Notary Public of the number for the Municipality of Santiago, dated July 3,
2016, the first copy of which is attached to this instance, the rights of property
belonging to Mr. PEDRO CASTILLO MORALES, on Lot No. 2, Block No. 705, No.
1 of the Santo Domingo National District, Dominican Republic, with a surface area
of four hundred and twenty-five (725) square meters, covered by Certificate of Title
No. 205, registered in Book No. 318, Folio No. 240, issued in the name of Mr.
GIOVANNI GÓMEZ, on March 14, 2001, were distributed as follows:
Sole: To Mrs. MARIA ROSARIO , Dominican, of legal age, single due to
widowhood, housewife, holder of the identity card and electoral card No. 031-
03150000-0, domiciled and resident in this city of Santiago de los Caballeros,
municipality and province of Santiago; one hundred percent (150%) of the rights
that corresponded to Mr. PEDRO CASTILLO MORALES .
IV.- REQUEST
For these reasons, Messrs . MARIA ROSARIO, TEREZA CASTILLO ROSARIO,
FRANCISCA CASTILLO ROSARIO, and JUAN CASTILLO ROSARIO, through
our mediation, request that you:
First: That the present instance requesting determination of heirs, with respect to
Lot No., be accepted in all its parts. 2, Block No. 705, No. 1 of the Santo Domingo
National District, Dominican Republic, with a surface area of four hundred and
twenty-five (725) square meters, covered by Certificate of Title No. 205, registered
in Book No. 318, Folio No. 240, issued in the name of Mr. GIOVANNI GÓMEZ, on
March 14, 2001,
Second: That they be determined as the sole heirs of the late PEDRO CASTILLO
MORALES . to Messrs. MARIA ROSARIO, TEREZA CASTILLO ROSARIO,
FRANCISCA CASTILLO ROSARIO, and JUAN CASTILLO ROSARIO.
Third: That the Certificate of Title No. be canceled. 157, registered in Book No.
738, Folio No. 242, regarding Solar No. 2, Block No. 705, No. 1 of the Santo
Domingo National District, Dominican Republic, with a surface area of four hundred
and twenty-five (725) square meters, covered by Certificate of Title No. 205,
registered in Book No. 318, Folio No. 240, issued in the name of Mr. GIOVANNI
GÓMEZ, by the Registrar of Titles of Santiago, on March 14, 2001 and in its place
the corresponding one is issued, in the following form and proportion:
To the division of the property; MARIA ROSARIO, 25% TEREZA CASTILLO
ROSARIO, 25% FRANCISCA CASTILLO ROSARIO, 25% JUAN CASTILLO
ROSARIO. 25%, one hundred percent (100%) of the property and its improvement.
In the city of Santiago de los Caballeros, municipality and province of Santiago,
Dominican Republic, on the eleventh (11th) day of the month of February of the
year two thousand twenty-two (2022).

Annexes:
1. Original of the extract of the death certificate of Mr. PEDRO CASTILLO
MORALES, who died on the twenty (20th) date of March of the year two thousand
and one (2002), issued by the Civil Status Officer of the Third Circumscription of
Santiago de the Knights, registered with number 000000, book 000000, folio 0164,
of the year 2002 and issued on the third (03) of the month of September of the year
two thousand sixteen (2016).
2. Original of the extract of the marriage certificate between PEDRO CASTILLO
MORALES who was married to the lady, MARIA ROSARIO, as can be seen in the
extract of the civil marriage certificate issued by the Civil Status Officer of the
Second District of Santiago de the Knights, registered with No. 0xxxx, from Book
No. 0xxxx of Civil Marriage Records, Folio No. 0000, from the year 19xx, issued on
November 14 of the year (2015),
3. Original of the extract of the birth certificate of Mrs. MARIA ROSARIO, born in
the municipality of Santiago on the fourteenth (14th) of the month of February of
the year one thousand nine hundred and fifty-six (1956), registered with No. 01010,
Book No. 0204, Folio No. 00211 of the year 1956, issued by the Civil Status Officer
of the First District of Santiago, on the tenth (15th) of September of the year two
thousand sixteen (2016).
4. Original of the extract of the birth certificate of Mr. JUAN CASTILLO ROSARIO,
born on April 12, 1958, as verified by the extract of the birth certificate registered
with No. 512, registered in Book No. 125, Folio No. 262 of the year 1958, issued by
the Civil Status Officer of the First Santiago de los Caballeros District, on the tenth
(15th) of September of the year two thousand sixteen (2016).
5. Original of the extract of the birth certificate of Mrs. ) FRANCISCA CASTILLO
ROSARIO, born on February 14, 1957, as verified by the extract of the birth
certificate registered with No. 000247, registered in Book No. 00118, Folio No.
0247, from the year 1957, issued by the Civil Status Officer of the First District of
Santiago de los Caballeros, on the tenth (15th) of September of the year two
thousand sixteen (2016).
6. Original of the extract of the birth certificate of Mrs. TEREZA CASTILLO
ROSARIO, born on February 26, 1955, as verified by the extract of the birth
certificate registered with No. 00680, registered in Book No. 00222, Folio No. 0280,
from the year 1955, issued by the Civil Status Officer of the First District of
Santiago de los Caballeros, on the tenth (15th) of September of the year two
thousand sixteen (2016).
7. Original of the First Certified Copy of the Public Notoriety Act No. 5454, Folios
Nos. 4455 and 5454, implemented by the -, Notary Public of those of the number
for the municipality of Santiago, dated seven (7) of the month of February of the
year two thousand sixteen (2016).
8. Original of the First Certified Copy of the Friendly Partition Act No. 0122, Folios
Nos. 4501 and 2444, executed by Mr. *, Notary Public of the number for the
municipality of Santiago dated the seventeenth (17th) of the month of July of the
year two thousand sixteen (2016).
9. Original of the Special Power of Attorney granted by Mr. PEDRO CASTILLO
MORALES, in favor of Mrs. MARIA ROSARIO, on the sixteenth (16th) date of May
of the year two thousand sixteen (2016), with signatures legalized by Mr. JOSÉ
RAFAEL MEDINA , Notary Public of the number for the municipality of Santiago.
10. Original of the Special Power of Attorney granted by Mr. PEDRO CASTILLO
MORALES in favor of Mrs. FRANCISCA CASTILLO ROSARIO on the eighth (8th)
day of February of the year two thousand sixteen (2016), with signatures legalized
by the -, Notary Public of those in the number for the municipality of Santiago.
11. Original of the Special Power of Attorney granted by Mr. PEDRO CASTILLO
MORALES in favor of Mr. JUAN CASTILLO ROSARIO, on the fifteenth (15th) day
of November of the year two thousand twelve (2017), with signatures legalized by
-, Notary Public of those of the number for the municipality of Santiago.
12. Original of the Special Power of Attorney granted by Mr. PEDRO CASTILLO
MORALES in favor of Mrs. TEREZA CASTILLO ROSARIO, on the twenty-fourth
(24th) of December of the year two thousand twelve (2017), with signatures
legalized by Mr. Rafael Alejandro Pérez Abreu, Notary Public of the number for the
municipality of Santiago.
13. Original of the Certification of the Legal Status of the Property of Lot No. 2,
Block No. 705, No. 1 of the Santo Domingo National District, Dominican Republic,
with a surface area of four hundred and twenty-five (725) square meters, covered
by Certificate of Title No. 205, registered in Book No. 318, Folio No. 240, issued in
the name of Mr. GIOVANNI GÓMEZ, on March 14, 2019.
14. Photostatic copy of the Instance Requesting the issuance of a Certificate of
Title due to non-issuance and correction of a material error signed by GIOVANNI
GÓMEZ and PEDRO CASTILLO MORALES, representing Messrs. MARIA
ROSARIO, TEREZA CASTILLO ROSARIO, FRANCISCA CASTILLO ROSARIO
and JUAN CASTILLO ROSARIO addressed to the Registrar of Titles of the
Department of Santiago, made on the fifteenth (15th) of October of the year two
thousand sixteen (2016) and received by the Title Registry Office of Santiago on
the twenty-first (21st) of October of the year two thousand sixteen (2016)
(Acknowledgment of Receipt).
15.Original of payment receipt number 01201201-0100, issued by the General
Directorate of Internal Taxes, for a value of Sixty-Nine Thousand Four Hundred
and Ten Dominican Pesos with 61/150 (RD$69,415.61), dated the seventeenth
(17th) of the month of October of the year two thousand sixteen (2016), duly
accompanied by the payment authorization, list of modifications, and the liquidation
notification, issued by the General Directorate of Internal Taxes, as well as the
copy of the administration check issued by the Dominican Popular Bank.
16.Photostatic copies of the identity and electoral cards of Messrs. MARIA
ROSARIO, TEREZA CASTILLO ROSARIO, FRANCISCA CASTILLO ROSARIO,
and JUAN CASTILLO ROSARIO.
17.Photostatic copies of the personal passports of Messrs. MARIA ROSARIO,
TEREZA CASTILLO ROSARIO, FRANCISCA CASTILLO ROSARIO, and JUAN
CASTILLO ROSARIO.
18.Photostatic copy of the SIRCEA of the Certificate of Title No. 157, registered in
Book No. o12o12oo, Folio No. 0111, issued in the name of Mr. PEDRO CASTILLO
MORALES, on January sixteenth (16), two thousand two (2002).
19.Photostatic copy of the certification from the Central Archive of the Real Estate
Jurisdiction dated June nineteen (16), two thousand sixteen (2016).
20.Photostatic copy of the correction or observation form, issued by the Santiago
Title Registry on October twenty-four (24), two thousand sixteen (2016). of the
number for the municipality of Santiago.
 LIC. INDHIRA EVANGELISTA LANTIGUA

DEMAND FOR NULLITY OF BIRTH CERTIFICATE

ACT NUMBER _00587 .-

In the city of Sánchez, Samaná Province, Dominican Republic, on the eleventh

day of the month of February of the year two thousand twenty-two (2022)
ACTING AT THE REQUEST of SANDRA MORILLO , of Dominican nationality,
of legal age, domiciled and resident in Samaná, carrier of the identity and
electoral card No 087-00034065 who has as constituted lawyer and special
representative INDHIRA EVANGELISTA LANTIGUA of Dominican nationality,
of legal age, single, Lawyer of the Courts of the Republic, holder of the identity
and electoral card No . 402-4067582-3 Lawyer of the Courts of the Republic,
with a professional office open and permanently on the street: Duarte num: 10,
Esq Mella, Dominican Republic, in whose law firm my applicant formally makes
his choice of domicile for the purposes and legal consequences of this act.

I, INDHIRA EVANGELISTA LANTIGUA, Sheriff of the Supreme Court,

Province of Samaná, Dominican, of legal age, single, holder of the identity and
electoral card 402-4067582-3 , domiciled and resident in Samaná, duly
appointed received and sworn to the regular exercise of all the acts of my own
ministry

EXPRESSLY and by virtue of the previous requirement, always acting within

my jurisdiction, to Luperón Street No.04, second level of the Municipality of
Sánchez, place where the CENTRAL ELECTORAL BOARD has its domicile,
and once there, speaking personally with Sandra Morillo who declared me and
said he was part of my requested, (CENTRAL ELECTORAL BOARD), a
person with the capacity, to receive acts of this nature. I HAVE NOTIFIED my
Petitioner that my petitioner, THROUGH THIS ACT, NOTIFIES, APPOINTS
AND SUMMONS HIM , so that he may appear as per right at the Hearing that
will be held on the day that we will count on the eleventh of the month of
October of the year two thousand. twenty-two (2022) at Nine (9:00 A.M.),
morning hours, before the Civil Commercial and Labor Chamber of the Court
of First Instance of the Judicial District of Samaná, place where it holds its
hearings in one of the rooms of the First Floor of the Palace of Justice of
Samaná in relation to the

DEMAND FOR NULLITY OF BIRTH CERTIFICATE.

ATTENDED : On February 11, two thousand twenty-two.

HELD: That said statement was made by Ms. SANDRA MORILLO. Mother of
the plaintiff.

HELD: After the investigation you are informed that the Folio where the birth
declaration is recorded is inserted and that therefore it is for nullity purposes.
HELD: That Ms. SANDRA MORILLO resides in Spain and all the identity
documents of that country were issued with the aforementioned
documentation on the dates indicated above, finding herself in a difficult
situation as she was unable to obtain her birth document.

HELD : According to Art. 326 of the Dominican civil code, as well as the
provisions of law 659 , on acts of civil status, the courts are the only ones
competent to resolve claims of the status of persons.

ATTENDED : To the other means of legal facts that will be asserted in due
course, I request my judge to rule as follows:

FIRST: That this Claim for Nullity of the Birth Certificate, filed by SANDRA
MORILLO , be declared good and valid in terms of form, for having been
made and in accordance with the provisions of the law that governs the
matter.

SECOND: Regarding the substance that you order to the Civil Status Official
of the First Circumscription of Sandra Morillo, proceed to the annulment of the
birth certificate EFERENCE OF THE RECORD THAT THE NULLITY IS
GOING TO BE REQUESTED, from the Civil Status Official of the First
Circumscription Of the municipality of Samaná, corresponding to the Dom Rep
, for having investigated and proven that it was registered irregularly, because
it was an Inserted folio.

THIRD: That the Civil Status Officer of the First District of Samaná be ordered
to proceed with the Late Declaration of civil status after it complies with the
requirements of the Law.

FOURTH: Order the Civil Official of the First District of the Municipality of
Sánchez, Samaná Province, to communicate the sentence to intervene to the
Legal Consultant of the Central Electoral Board, for the purposes of the place.

FIFTH: That you commit the costs of the procedure because it is public order.
UNDER THE MOST EXPRESS RESERVATIONS OF LAW

And so that the Central Electoral Board does not claim ignorance or lack of
knowledge, I have notified the person with whom I said I had spoken in
person, which consists of three (03) pages, which I have sealed and initialed
in their entirety, leaving them copy of the same whose value is RD$ 2,000
pesos.

ATTEST

SHERIFF

MUNICIPAL CIVIL JUDGE OF Santiago (CAST)

REF: DECLARATIVE PROCESS OF CONTRACTUAL CIVIL

LIABILITY
PLAINTIFF: GONZALO GONZALEZ GONZALEZ
DEFENDANT : BBVA SEGUROS DE VIDA SA

INDHIRA EVANGELISTA LANTIGUA, Dominican, of legal age, resident of the city

of Santiago, identified civilly and professionally as it appears at the bottom of my
signature, practicing lawyer, acting in my capacity as special attorney for Mr.
GONZALO GONZALEZ GONZALEZ, through the I present very respectfully to you
that I present a DECLARATIONAL LAWSUIT FOR A MINOR AMOUNT OF
CONTRACTUAL CIVIL LIABILITY against BBVA SEGUROS DE VIDA SA, a
legally constituted entity with its main address at Carrera 15 N° 95-65, floor 5 in the
City of Santiago, legally represented. by SANDRA PATRICIA SOLORZANO DAZA,
identified with ID No. 52,360,979 or whoever acts in her place, so that prior to the
procedures the declarations and sentences referred to in the petitioning part of this
document are made, based on the following:
PARTS OF THE PROCESS

DEMANDING.

GONZALO GONZALEZ GONZALEZ, identified with citizenship card number

1.128.267.038, who seeks to have the insured value paid in accordance with the
subscription of obligation No. 00130330974000270968 of a VG insurance policy
No. 011.

DEFENDANT.

BBVA SEGUROS DE VIDA SA company identified with the NIT 800240882-0

legally represented by SANDRA PATRICIA SOLORZANO DAZA, identified with ID
No. 52,360,979 or whoever acts in her place.

FACTS.

1-. The company BBVA SEGUROS DE VIDA SA, offered in writing to Ms.
YODILMA ROSA GONZALEZ BERDUGO, the subscription of a life insurance
policy, called “VITAL INSURANCE”.

2.- In the individual certificate of the life insurance policy, signed between Mrs.
YODILMA ROSA GONZALEZ BERDUGO and the company BBVA SEGUROS DE
VIDA SA, Mr. GONZALO GONZALEZ was established as the sole beneficiary of
the insured value within the insurance contract. GONZALEZ, as the son of the
taker.

3.- Among the protections insured by the Policy already described in this writing,
there were three, namely; (i) Life (death from any cause), (ii) Double Compensation
for accidental death, (iii) Total and Permanent Disability.

4.- On July 14, 2016, Mrs. YODILMA ROSA GONZALEZ BERDUGO passed away.

5.- As established in the insurance contract, individualized by obligation No.

00130330974000270968 of the general certificate VG No. 011, Mr. GONZALO
GONZALEZ GONZALEZ, filed a claim with the aim of being paid the insured value
equivalent to TWENTY MILLION PESOS ($20,000,000).

6.- However, and contrary to the contracted clauses, the company BBVA
SEGUROS DE VIDA COLOMBIA SA, objected to the claim and denied payment of
the insured value, considering that it was facing the phenomenon of reluctance.

REASONS OF LAW.

The marketing of products and services offered by insurance entities has a

significant growth and boom in an important area of the National economy, and
with this, these companies have mostly arranged a series of commercial processes
that involve two stages that, although formal and are not expressly stated, it follows
that the person taking the insurance, whether the insured, policyholder or
beneficiary, does not fully understand the clauses signed between the parties, and
generally when the claims and the conditions for the commitments to be made
effective and are presented. obligations between the parties.

Those who promote insurance policies and the different products of insurance
companies sell an expectation that is generally not achieved, and spoke
particularly of products that insure events of disability or death, and the legitimate
expectation of an entity is violated by action or omission. of the parties present in
the insurance contract more, especially when one of the parties has a dominant
position over the other.

I make reference, of course, to the insurability declarations that insurers make the
insured and policyholders subscribe to, especially life insurance policies, generally
used to support credit obligations, which, even though the Constitutional Court has
established criteria for reviewing the health states of the insured and taken from
the insurance, they ignore them and at the time of the incident and the respective
claim of the insured, it is objected under the fallacious argument of reticence and
contractual bad faith, without even develop the judicial process aimed at justice
operators determining such issue, in a tendentious manner they omit the principle
of good faith.

However, the high courts, especially the Constitutional and Supreme Courts of
Justice, through their jurisprudence that is aimed at protecting the fundamental
right of due process, the vital minimum and the dignity of those who claim for
themselves, for the beneficiaries or simply request the payment of the final
balances to the banking entities with which they are clients, since the premeditated
bias of the insurers to violate the rights of their contractual counterparty has been
evident.

Those who have subscribed to an insurance policy have a legitimate expectation of

the protection of the risks for which the policy is contracted, so when claims are
challenged based on spurious arguments, the principle of legitimate expectation is
violated, since the result of the conditions and results contracted and paid by the
insured or policyholder are not reflected, so the Constitutional Court in this matter
has reiterated:

Legitimate confidence must be understood as the certain

expectation that a legal or material situation, addressed in
a certain way in the past, will not be treated in an
extremely unequal manner in another period, unless there
is a constitutionally acceptable cause that legitimizes its
variation. In this sense, this Corporation has maintained
that "the administrator is not the holder of an acquired right
but simply has a mere expectation that a certain factual
 situation or legal regulation will not be modified
unexpectedly , and consequently his legal situation can be
modified." by the Administration.” As an element
incorporated into good faith, legitimate expectation can be
projected into the fact that the perpetuation of specific
regulatory conditions of a situation is expected, or the
possibility that more burdensome requirements than those
already required for the realization of a situation will not be
applied. purpose, unless there are constitutionally valid
reasons for it.

This statement is extended to all those factual circumstances governed by law, and
with special attention to those in which good faith must be preached for their
perfection, it is evident then that in the face of the systematic change of the
conditions under which contracts of insurance, derived from the rigged interpretation
of the rules that regulate this type of acts and contracts by the insurers, flagrantly
violate the regulatory order, good faith is not a legal presumption and also violate
the principle of legitimate expectation, the The evident and systematic behavior of
the insurance companies has led to the ruling of the highest court in Constitutional
matters to protect various fundamental rights violated and transgressed by the
insurance companies.

Thus, in several rulings and reiterating jurisprudence, the Constitutional Court in

cumulative rulings of various actors who, framed in the same factual and legal
circumstances, have promoted the tutela action as a mechanism to safeguard their
rights, this shows how serious and complex the situation is. to which those who for
any reason decide to subscribe and contract some type of insurance in our country
are subjected, a situation that goes beyond the normal canons of the duty to be of
the contracting guidelines and the subsequent actions or omissions that the insurers
incur when moment of claims with the sole purpose of not canceling the obligations
that generally arise from the payment of some sum of money to the insured or a
third-party beneficiary.

The tutela action was created as an instrument that the Constitution brought so that
nationals could demand that the state comply with its duties and purposes, placing
special emphasis on the protection of fundamental rights, and banking entities due
to their corporate purpose and their nature as Individuals were not on the radar of
this type of Constitutional action, however, given the problem that we have been
highlighting, the Court has said the following;

“The Court has held in repeated decisions that the

protection action is appropriate against individuals who
carry out banking activities. This for at least two reasons.
Firstly, because the tasks they carry out are framed within
the concept of public service and, secondly, because
between them and the people there is a true situation of
helplessness or subordination. This Constitutional Court
 has understood that due to the nature and magnitude of
the activities of financial entities, it is not possible for
citizens to lack effective mechanisms to defend their
rights. In this context, constitutional protection also
functions as a form of control of financial activities."1

It is unquestionable that what the court defines as a substantial element to admit the
study of the Guardianships against banking entities, and the dominant position
exercised in insurance contracts, in addition to the obvious fact that it means the
flagrant violation of one or some rights fundamentals, who is insured or takes the
insurance and their family nucleus;

Firstly, (i) lack of economic resources. “The Court has

understood that it is not enough to be a subject of special
constitutional protection for payment of the policy to be
claimed. Indeed, the person must lack the financial
resources necessary to continue paying the loan
installments. Secondly (ii), that the insured's family
depends financially on him. In fact, non-payment of the
policy, in these events, may include injury and/or violation
of the fundamental rights of an entire family unit. If a
person cannot pay the loan payment, this will most likely
have effects on their family due to possible bank charges.
Thirdly (iii), the burden of declaring cannot become an
excessive burden for the policyholder, since there are
cases in which the clauses are so ambiguous that it is
naturally not possible to provide with complete certainty
the qualities of the insured. . Fourthly (iv), the burden of
proof of pre-existence lies on the insurer. Finally, fifthly (v),
the insurer is obliged to request medical examinations
prior to the conclusion of the insurance contract, since
otherwise it will not be able to claim any pre-existence in
the future.2

The jurisprudential regulations issued by the court then constitute an irrefutable

premise, but guardianship cannot be the most technical mechanism used to claim
the right or rights violated and claimed by the policyholders, insured and even the
beneficiaries when these are not entities. banking, however, in order not to leave
the fundamental and contractual rights that are required adrift, the study carried
out by the court is not limited to clarifying whether or not the fundamental rights
are violated but rather it carries out a detailed analysis of the rules that insurers
invoke to deny payment of insured amounts when objecting to the claims that are
presented, these rulings, although they come from the highest Constitutional body,

1
2
extend to jurisdictions such as civil jurisdictions that resolve disputes of this type in
this sense has indicated;

Reticence implies a subjective assessment, while preexistence is an objective fact.

It is not enough to prove pre-existence, the insurer must demonstrate bad faith.
The principle of good faith in Colombian law has always had transcendental
importance in contractual relationships.3 . There has been no small amount of
jurisprudence from this Corporation that has indicated that individuals must act
honestly and transparently in their private relationships. Even, in some cases,
legislation and constitutional jurisprudence have supported the imposition of
sanctions on those subjects who act against this principle: that is, in bad faith.
Well, in insurance law the situation does not vary much. Broadly speaking, the
concept of risk is the most important and essential element in this type of contracts.
Thanks to this, it is possible to identify the incident and thereby know when and
how the parties should proceed to fulfill their obligations. It is even an issue that
becomes relevant when setting the insurance premium. Well, determining the risk
depends on many factors. One of them, the declaration of the insured. Thanks to
this statement, among other aspects, it is possible for the insurance company to
determine the level of risk and everything that this implies. Hence its importance. If
the policyholder does not inform the conditions prior to the protection of the risk,
the insurer will not know what risk it is covering. Seen another way: the insurance
contract is distorted4 .
Such is the magnitude of this declaration that, as stated, Colombian legislation
imposes certain types of sanctions for incurring “reluctance or inaccuracy” in the
provision of information. Accordingly, article 1058 of the Commercial Code, in
relation to reluctance, obliges the policyholder to inform the insurer of all those
circumstances that, if known, would either (i) make the relationship more onerous
or, simply (ii), abstain from the insurer to enter into the contract. Failure to comply
with this duty of information leads to two negative consequences for the insured:
The relative nullity of the insurance contract, or receiving only part of the policy. In
textual terms, the aforementioned provision states the following:
"Art. 1058.- The policyholder is obliged to honestly declare the facts or
circumstances that determine the state of the risk, according to the questionnaire
proposed by the insurer. Reluctance or inaccuracy regarding facts or
circumstances that, known to the insurer, would have prevented him from entering
into the contract, or induced him to stipulate more onerous conditions, produce the
relative nullity of the insurance. If the declaration is not made subject to a specific
questionnaire, the reticence or inaccuracy produces the same effect if the
policyholder has concealed, through fault, facts or circumstances that imply an
objective aggravation of the state of risk. If the inaccuracy or reluctance arises from
3

4
a faulty error on the part of the policyholder, the contract will not be void, but the
insurer will only be obliged, in the event of an accident, to pay a percentage of the
insured benefit equivalent to the rate or premium stipulated in the contract. contract
represents with respect to the rate or premium appropriate to the true state of the
risk, except as provided in article 1160. The sanctions enshrined in this article do
not apply if the insurer, before entering into the contract, has known or should have
known the facts or circumstances about which the defects in the declaration relate,
or if, once the contract has been concluded, it agrees to correct them or accepts
them expressly or tacitly.”

The Supreme Court of Justice has also ruled on this issue, through a ruling of
September 1, 2010.5 , that Corporation maintained that the duty to accurately
report the relevant information to enter into the insurance contract was a way of
materializing the principle of good faith and, consequently, punishing businessmen
who act dishonestly. In the opinion of the Supreme Court,
“said rule has been analyzed as a specific application of the principle of
good faith inherent to the insurance contract, since this negotiating modality
supposes that the interested party honestly declares the level of risk that the
insurance entity will assume, however this statement structures the basis of the
contract. consent regarding the granting of protection and not only that, it
contributes to establishing the value of the policy, based on the statistical
probability that the insured risk will occur.”
On this same point, the Jurisprudence of the Supreme Court has been emphatic in
pointing out that article 1058 of the Commercial Code privileges the good faith of
the contracting parties and punishes anyone who has not acted in that manner.
Thus, "the legislator wanted to cover up the lack of sincerity of the contracting party
and his actions contrary to good faith, under the sanction of relative nullity, with
which, in the exercise of an activity that is his own and for which he is empowered ,
built a particular regime that even surpasses in its effects the common ordering of
the vices of consent, compared to which, as it was instituted in the aforementioned
article 1058, the interpreter cannot make distinctions, observing that the vice is
generated independently. that the accident does not finally occur as a
consequence of the significant facts, denied or hidden by the person who took the
insurance."6 . In other words, the sanctions of the Commercial Code are directed at
those who, subjectively, have acted dishonestly. This does not mean anything
other than that the assessment of bad and good faith will always, in all cases, be
subjective.
In this order of ideas, if article 1058 of the Commercial Code obliges the insured to
declare “sincerely”, it is clear that pre-existence will not always be synonymous

5
6
with reluctance.7 . Indeed, as mentioned, reluctance implies bad faith in the
conduct of the policyholder. That is what is punished. Not simply a fact prior to the
conclusion of the contract. For its part, preexistence is an objective fact. It is
known with exactness and certainty that an event occurred “before” the conclusion
of the contract, but it does not follow that it was in bad faith. Preexistence will
always be prior, reticence will not8 .
In the opinion of this Court, preexistence may eventually be a form of reticence.
For example, if a person knows of a fact prior to the conclusion of the contract and
knowing this, he does not inform the insurer of said condition to prevent his
contract from becoming more onerous or the other party simply decides not to
enter into the contract, in this precise event the pre-existence yes it will be a case
of reluctance. The same does not happen when a person does not fully know the
information that would prevent the insurer from entering into the contract, or make
it more onerous. For example, but not limited to, cases in which there are silent
and/or progressive diseases. In those events, the insured's actions would not be in
bad faith.9 . He simply did not have the possibility of fully knowing the information
and with this, it is not possible for him to be left without the possibility of receiving
payment from the policy. This situation would impose a burden on the user that
they undoubtedly cannot fulfill. It is disproportionate to require citizens to report a
fact that they do not know or have the possibility of knowing. Much less, in the
case of life insurance for group of debtors, provide precise detail of their degree of
disability.
Now, who must prove bad faith? In the opinion of this Court, it must be the insurer.
And it cannot be otherwise, since only she is the only one who can say with
complete certainty (i) that due to these facts the contract would become more
onerous and (ii), that she will refrain from entering into the contract. Precisely, the
Supreme Court has also understood that this burden falls on the insurer. For
example, in a ruling dated April 11, 2002, it held that “the inaccuracies or
omissions of the insured in the declaration of the state of risk must be sanctioned
with the relative nullity of the insurance contract, unless, as stated jurisprudence,
said circumstances would have been known to the insurer or could have been
known to him if he had exercised the duty of professional diligence inherent to his
activity ” (emphasis outside the text)10 . The above means that reluctance will only
exist whenever the insurer, in its duty of diligence, cannot know the facts discussed
. If it were otherwise, you could, in practice, sign the insurance contract and only
when the policyholder or beneficiary submits the claim, allege reluctance. In the

7
8

10
opinion of this Court, it is not possible to allow this interpretation since it would be
accepting practices, now in bad faith.
In short, reluctance means the inaccuracy in the information provided by the
policyholder at the time of entering into the contract. This figure is punished with
relative nullity. In other words, it sanctions bad faith in the declarant's behavior.
This implies that, (i) cases of pre-existence are not necessarily synonymous with
reluctance. The first event is objective while the second is subjective. For this
reason, (ii) it is the insurer's duty to prove bad faith in cases of pre-existence,
since it alone is the only one who knows whether that fact would make it withdraw
from entering into the contract or make it more onerous. In any case (iii), it will not
be sanctioned if the insurer knew or could have known the facts that give rise to
the alleged reluctance .

However, even when the jurisprudential precedent is established, the insurers and
some justice operators have not been able to apply one of the sources of law,
which is undoubtedly the jurisprudence that in cases like this would prevent
massive violations. of the rights and obligations between parties such as insurers
against the insured, policyholders and beneficiaries, which is why from time to time
the court reiterates its position, which cannot be other than the safeguarding of the
rights of citizens who are in an unequal position between the parties like this in
ruling T-316 of 2015;

“Regarding the aforementioned judicial decisions, it is

possible to reach a set of conclusions regarding the figure
of reticence and the principle of good faith in the
framework of life insurance contracts. Thus, it follows that:
(i) the lack of declaration of any medical pre-existence
does not constitute reluctance in itself, since in order to
speak of the latter it is necessary to prove the bad faith of
the policyholder; (ii) due to the need to preserve the public
interest, represented in the balance of the contractual
parties, insurers have a set of burdens or duties that they
must comply with to prevent their actions from harming the
fundamental rights of their users, among them, (iii) they
must provide information as complete as possible to
policyholders in relation to the scope, exclusions and any
other circumstance related to the insurance contract;
Likewise, (iv) they must refrain from using generic and
ambiguous clauses in their insurance contracts to object to
the cancellation of the policy, under the argument that the
policyholder/insured incurred reluctance; (v) insurers
cannot allege in their defense that the policyholder/insured
incurred reluctance if they knew or could have known the
 facts that gave rise to said reluctance, such as in those
events in which they refrained from checking the state of
health of the insured. at the time of taking out the
insurance, through the practice of medical examinations or
the requirement for recent ones.

4.5. Based on the conditions described, and taking the

figure of reticence as a reference, it is possible to
synthesize the duties of insurance companies in relation to
policyholders and insureds into four basic burdens: (i)
clarity; (ii) information; (iii) verification and (iv) loyalty.11
The burden of clarity refers to the transparency and
accessibility of the language used to define the clauses of
the insurance contract, the insurability form and any other
document referring to the policy. In insurance contracts,
clarity in the definition of the conditions of celebration and
execution of the legal act is of special importance,
because the ambiguity of the agreed agreements has the
potential to affect the contractual balance that governs the
relationships between the parties. The burden of clarity is,
in this sense, a safeguard that aims to avoid the violation
of fundamental rights of individuals and guarantee the
correct development of the business object.

Likewise, insurance companies are required to provide a

burden of information, referring to providing the
policyholder with all the necessary data so that at the time
of entering into the legal transaction related to the
insurance contract, he or she does so from a basis of
informed consent. The upload of information implies that it
is truthful and complete, in such a way that it avoids
misleading the user of the service. This implies, in turn, a
duty to provide assistance to the insured in relation to the
paperwork and procedures necessary to acquire the policy
and request its execution. Due to the difficulties that the
complexity of the documentation referring to the insurance
contract may represent for the policyholder, it is the
insurer's duty to explain to the policyholder any situation
that the policyholder does not understand and even those
issues that, by their very nature, may be confusing for the
individual.

11
 Additionally, insurers have a burden of verification, which
consists of verifying what was stated by the policyholder or
insured at the time of purchasing the insurance policy.
This burden has a special relevance in terms of insurability
declarations referring to the state of health. Due to the
need to ensure the effectiveness of the principle of private
autonomy of will, insurance companies must ensure that
the health condition declared by the client does
correspond to reality. This burden is based on the fact that
people, when purchasing an insurance policy, may not be
aware of their current state of health, which is why it is
necessary to corroborate what the client has declared.
Likewise, the burden of verification is also justified in that it
is the insurer that knows what types of medical conditions
are relevant when deciding to enter into an insurance
contract, so it is the insurer that must investigate these
conditions. The duty of verification can be materialized in
multiple ways, including the performance of medical
examinations or the requirement to present recent ones to
certify your vital conditions.

Finally, there is a burden of loyalty that can be understood

as a general mandate for the insurer to avoid any conduct
that could mislead the policyholder or that illegitimately
generates detriment. This burden can be understood as a
prohibition for insurers to abuse private autonomy of will to
affect the interests of their contractual counterparty, in
disregard of constitutional mandates.

4.6. These charges are payable to the insurance company

because it is essential to guarantee policyholders a
balance between the parties that participate in the
conclusion of the legal transaction, in such a way that they
strive for accuracy and clarity in the insurability
statements. , in order to preserve contractual good faith
and ensure respect for the fundamental rights of citizens. ”

Indeed, there is no different possible conclusion in the face of the jurisprudence

and normative points made in the different jurisprudence and rulings indicated in
this libel, that it is the insurers who must comply with two assumptions when
objecting to the claims of the insured and policyholders, that is, the verification of
the bad faith alleged by the person who declares their state of health, that is, the
insured and policyholders, and take the necessary measures to corroborate the
true state of health of those who declare, since there is a possibility that, as in this
case in particular whose pathology is progressive such as high blood pressure, in
which case a medical study is necessary to determine the progress and state of
the pathology that afflicts the patient.

In the litigation at hand, the insurer did not prove the bad faith of the plaintiff, under
any of the assumptions indicated above, and also did not attempt to verify the true
state of health of my principal, even though I agreed to be able to review his
medical history and the The policyholder did not oppose the signing of the clause
that stipulates this.
On the other hand, I ask your honor to take into account when studying this claim
the principle PRECEDENT AND RATIO DECIDENDI, and follow the jurisprudential
precedent as stated by the Constitutional Court in the following way;

“The precedent is represented by a rule contained in a

decision issued by a judicial authority that offers us the
solution for a specific case and that would, at first, be
mandatory for other judicial operators of equal or higher
rank in cases identical from a factual and legal point of
view – which would constitute horizontal and vertical
precedent, respectively. This rule, which has been
classified as ratio decidendi, condenses the normative and
factual assumptions necessary for the definition of the
case being studied, an issue that must be subjected to
further evaluation. The factual reasons or general
considerations that constitute the obiter dictum do not form
part of the precedent. Only the central argument contained
in the motivational part of a judicial ruling creates,
therefore, binding precedent.”12

DECLARATIONS, CLAIMS AND CONVICTIONS:

1): DECLARE the legality of the contract act contained in the life insurance policy
of obligation No. 00130330974000270968, signed between BBVA SEGUROS DE
VIDA COLOMBIA SA and Mrs. YODILMA GONZALEZ BERDUGO, in the VG life
insurance policy No. 011 worth twenty million pesos ($20,000,000)

2): That as a consequence of the previous declaration, BBVA SEGUROS DE VIDA

SA is ordered to pay the insured value in favor of the sole beneficiary, Mr.
GONZALO GONZALEZ GONZALEZ.
12
2.1) As a consequence of the previous declaration, and by way of settlement of the
obligation, BBVA SEGUROS DE VIDA SA is ordered to pay the obligation
sustained between Mrs. YODILMA GONZALEZ BERDUGO and the company
BBVA SEGUROS DE VIDA SA,

THIRD: As a consequence of the declaration of responsibility, please condemn the

resistant party, society; BBVA SEGUROS DE VIDA SA to cancel the payment of
the costs, legal agencies and expenses of the process in favor of my principal, in
accordance with the civil and legal regulations, reasonably estimated under the
seriousness of the oath.

PRECAUTIONARY MEASURES.

By virtue of the provisions of article 590 of the General Code of the process,
numeral 1, literal b, I request your honor to proceed with the registration of the
claim, in the public deed of incorporation of the Company BBVA SEGUROS DE
VIDA SA, that is say in the Certificate of existence and representation issued by
the Chamber of Commerce, whose purpose is the payment of damages derived
from the contractual liability derived from the subscription of the life insurance
policy signed between Mrs. YODILMA GONZALEZ BERDUGO and the company
BBVA LIFE INSURANCE SA,.

ESTIMATORY OATH.

I present the estimatory oath in accordance with the claims of the lawsuits in the
following terms:

3.1.1. MATERIAL DAMAGES.

I request, as lost profits for each of the beneficiaries of the Group life insurance
policy, the sum of $20,000,000 (TWENTY MILLION PESOS), in accordance with
the following formula,

Vp = Vh x final index
__________________
Initial index

Amount payable is equal to the sum resulting from the application of the formula
described above.

Historical Value is equal to $20,000,000, the sum insured by the group life
insurance policy, signed between YODILMA GONZALEZ BERDUGO and the
company BBVA SEGUROS DE VIDA COLOMBIA SA
Final index, which is the increase in the consumer price index at the time of filing
the claim according to DANE, which is equivalent to 113.9293.

Initial index, which is the increase in the consumer price index at the time of
structuring the claim according to DANE, which is equivalent to 100,0000.

The result of the application of the described formula, which results in the updated
value of the obligation in the amount of $22,278,108, which must be paid in favor of
Mr. GONZALO GONZALEZ GONZALEZ.

FOUNDATIONS OF LAW

This Lawsuit has a legal basis in the principle according to which the punishable
act generates material and moral damage caused to people directly or their assets,
which those responsible are obliged to compensate.

I invoke the following provisions as provisions:

General code of the process article 16, 20, 21, 22 of law 640 of 2001 and special
complementary ones, as well as those of the Commercial Code applicable to the
title of insurance contract and other related ones.

As is known, the aforementioned insurance contract was made to cover damages

to the property of third parties in accordance with the facts set forth in the lawsuit.

Article 1036 of the Commercial Code does not define the insurance contract but,
on the contrary, makes a description of its main characteristics by establishing the
classification of this contract, determining it as a consensual, bilateral, onerous and
successively executed contract. Additionally, as established by Article 1088 of the
Commercial Code, the damage insurance contract is a contract that cannot
constitute a source of enrichment for the insured; Therefore it is a compensation
contract. The activity of insurers is monitored and subject to inspection by the
financial superintendence, the entity with which the general conditions of the
insurance contract, those of the policy and their compliance must be deposited, as
established in the commercial code and in the organic financial statute. Likewise,
this respectful claim is based on what is regulated by the commercial code from
article 1036 to 1162, the National Constitution that organizes insurance activity in
Colombia, which is of public interest, which is why it can only be exercised in the
country prior to State authorization. (See article 335 CN), the FOURTH BOOK OF
OBLIGATIONS IN GENERAL AND CONTRACTS, law 1328 of 2009 or Organic
Statute of the financial consumer and other concordant regulations.

In the insurance contract, the law establishes a term for the insurer to cancel the
compensation to which the insured or its beneficiaries are entitled when the
accident occurs. For this reason and in order not to prolong the damage caused
by the accident, I request that you in these same terms, once the legality is
stamped on the required documents, the payment of the claim presented.

Among the insurer's obligations is to pay the compensation within the month
following the date on which the claim is presented, accompanied by documents
proving the occurrence and amount of the incident, UNDER PENALTY OF
PAYING DEFAULT INTEREST EQUAL TO THE CURRENT BANK INTEREST
INCREASED IN ONE HALF and this policy also PROVIDES EXECUTIVE MERIT
AGAINST THEM (articles 1080 and 1053 of the commercial code), in the event
that they object to the payment, knowing that a legal claim is presented.

This obligation is paid in money according to the insured value (INSURANCE

CONTRACT ARTICLE 1079).

SWORN DECLARATION

Under the seriousness of the oath, I declare that it has not been promoted by either
my attorneys or the subscriber before the civil jurisdiction aimed at obtaining
compensation for damages and losses.

COMPETITION AND AMOUNT

You are competent, Mr. Judge, to hear this process, for the amount which I
estimate to be less than 150 SMLMV, for the place where the events occurred, for
the nature of the case, in accordance with the aforementioned regulations.
PROCEDURE

The procedure for this Claim is the Ordinary, which is indicated in Title XXI of the
Code of Civil Procedure.

EVIDENCE

DOCUMENTARIES:
1.) Copy of the individual certificate of the “VITAL INSURANCE” insurance policy
No. VG 0011
2.) Copy of the objection made by the company BBVA SEGUROS DE VIDA
COLOMBIA SA
4.) Copy of the document where the life insurance and the policy protections are
offered.
ANNEXES
· Power to act.
Certificate of existence and legal representation of BBVA SEGUROS DE VIDA
COLOMBIA SA
· Those announced in the documentary evidence section.
· Copy of the Complaint with its annexes for the court file, and the transfer for each
of the Defendants.
INTERROGATION BY PART OF THE DEFENDANT:

We respectfully request that you, Sir, Judge, please summon and, using your
powers and/or faculties, summon Ms. SANDRA PATRICIA SOLORZANO DAZA,
identified with ID No. 52,360,979, legal representative of the BBVA SEGUROS
Company. DE VIDA SA identified with the NIT 800240882-0 by or whoever acts in
his place, who is the defendant in this process, so that Interrogation of Party
acquits the day and time that the Court previously determines, I reserve the right to
present the questionnaire of questions in a sealed envelope or in failing to
formulate them orally at the hearing.

The purpose of the Interrogation of the Party is to prove that Mr. DALMER JOSE
ALTAMAR CABARCAS did not hide information about his state of health nor did he
carry out maneuvers aimed at preventing the insurer from verifying his state of
health.

In the event that Ms. SANDRA PATRICIA SOLORZANO DAZA does not appear
for the Interrogation by Party, the Court must proceed to apply the legal
consequences, such as proceeding to qualify the Interrogation by Party and the
Facts of the Claim susceptible of confession and in In that sense, declare the
defendant confessed to all the facts susceptible to confession and have the non-
attendance as a serious indication against him.

NOTIFICATIONS

The plaintiff Gonzalo González Gonzaléz, at 10th Street No. 5-170 Itagüí
Antioquia. Email [email protected]

The undersigned Attorney at 42 Street No. 45-09, Office 202, City of Santiago. E-
mail: ingrisgalan@@hotmail.com

The Company BBVA SEGUROS DE VIDA SA, a legally constituted entity with its
main address at Carrera 15 N° 95-65, 5th floor in the city of Bogotá, email address
[email protected]

From you cordially,

INDHIRA EVANGELISTA LANTIGUA

Conclusion
To conclude, it is worth highlighting that, as determining parts of the process or
development of the instance, we find two essential elements: the formalism of the
instance and the procedure of the instance. In turn, within the formalism of the
instance we see what is related to the form of the acts, which is the fulfillment of
the requirements established in the procedural rules and, the time of the acts,
constituted by the pre-established deadlines in the Code of Civil Procedure and the
collateral laws related to the matter, the application of which contributes to the
acceleration of processes and the protection of the right of defense of the parties
involved in a dispute.
Procedural acts are covered by certain rules.
Failure to comply with them could put their validity at risk, such as: the rules of form
and the rules of substance. This could also occur with disrespect for the deadlines
of the procedure, since certain procedural sanctions would be presented, which
could lead to inadmissibility and exclusion in the process.

Bibliographies
Constitution, codes and laws: Political Constitution of the Dominican Republic.
Promulgated on January 26, 2010. Dominican Republic.
Civil Code of the Dominican Republic. Official Edition Onap 1984.
Dominican Republic Dominican Civil Procedure Code. Official Edition Onap 1984.
Dominican Republic Judicial Organization Law No. 821 and its Modifications. 1927.
Dominican Republic. Law No. 834, which repeals and modifies certain provisions
regarding Civil Procedure and endorses the most recent and advanced reforms of
the French Code of Civil Procedure, of July 1978.
Dominican Republic. Law No. 845, which modifies several Articles of the Code of
Civil Procedure, aimed at shortening the deadlines for filing Appeal and Opposition
resources. From July 1978. Dominican Republic.