State Act

Code of Comunidades of 1961

Art. 558 – The following are subject to the provisions of the preceding chapter: 1. The debtors of the comunidades, whichever may be the source; 2. The sureties]136 and persons liable jointly or severally for debtors mentioned in the preceding clause; 3. The debtors liable to pay fines imposed in terms of this Code and for recovery of stamp duties and costs due in any proceedings become res judicata. § 1. The following are excluded: 1. Debtors of sum loaned by the comunidades against mortgages]137, although the interest may be demanded in accordance with the preceding chapter, when the mortgage guarantee is not proposed to be enforced; 2. Liabilities guaranteed by mortgage, when it is proposed to use such guarantee; 3. The debtors of the comunidade declared by judicial decision. § 2. The cases for recovery of debts, except under the preceding paragraph, shall be instituted in accordance with the general law. § 3. In the case provided for in No. 2 of paragraph 1, the recovery suits shall be based, besides the registration of the mortgage, also on the decision fixing the responsibility or the respective account for the guaranteed debt, issued under the terms of this Code, and in this latter case, the judgment debtor shall only be granted stay of execution, on the grounds, beside those provided for in article 813 of the Code of Civil Procedure, on lack of standing to be sued on the part of the judgment debtors, on the illegitimacy of the parties, on the illegality of the items included in the current account and on forgery of such account.