{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1289","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Defense and Judgment on Expropriation","number":"1289","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1289/","hierarchy":{"book":"BOOK IV - PROPERTY","title":"TITLE VI - COLLECTIVE EXPLOITATION OF PROPERTY","chapter":"Chapter 2. - Expropriation","section":"Section 2. - Judicial Proceedings","paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"The Court will handle all procedures concerning expropriation before all other cases.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1289/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":359,"url":"https://eriatlas.com/sources/civil-code-2015/page/359/?article=1289&paragraph=p1#article-1289-p1"}]},{"id":"p2","number":"2","text":"A defendant will on the day fixed for statement of defense be allowed to respond in writing to the claim without the required formalities or be allowed a delay of a maximum of fourteen days to do so. A defendant who, although appearing before the Court, has not submitted a statement of defense will be considered to oppose expropriation and reject the written offer.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1289/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":359,"url":"https://eriatlas.com/sources/civil-code-2015/page/359/?article=1289&paragraph=p2#article-1289-p2"}]},{"id":"p3","number":"3","text":"If, in case more than one defendant is summoned in the same issue of summons, not all the defendants appear before the Court, the procedure shall continue, with the defendants who have appeared and the Court shall rule as if all defendants have appeared. Defendants who have not appeared will be considered to be opposed to expropriation and having rejected the written offer.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1289/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":359,"url":"https://eriatlas.com/sources/civil-code-2015/page/359/?article=1289&paragraph=p3#article-1289-p3"}]},{"id":"p4","number":"4","text":"On the day fixed for statement of defense the Court shall set on the shortest possible notice the only day for hearing of the suit pertaining to the expropriation itself.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1289/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":359,"url":"https://eriatlas.com/sources/civil-code-2015/page/359/?article=1289&paragraph=p4#article-1289-p4"}]},{"id":"p5","number":"5","text":"No later than one month after the hearing the Court will render a judgment on the claim for expropriation itself.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1289/#p5","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":360,"url":"https://eriatlas.com/sources/civil-code-2015/page/360/?article=1289&paragraph=p5#article-1289-p5"}]},{"id":"p6","number":"6","text":"The Court may reject the claim for expropriation on other grounds than laid down in the statement of defense.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1289/#p6","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":360,"url":"https://eriatlas.com/sources/civil-code-2015/page/360/?article=1289&paragraph=p6#article-1289-p6"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}