What are court fees partition suit?
Court Fees 2020
Article 1.-Court Fees and Tariffs. The “Judicial Fee and Tariff” is hereby established for all actions and services rendered by the courts and dependencies of the Judicial Branch of the Province of Misiones, regime instituted by this law.
In this law, the Judicial Rate shall be called the retribution for all judicial actions that imply jurisdictional decisions that are initiated and processed before the Courts of the Judicial Power of the Province of Misiones, and the Tariff shall be called Tariff for all services rendered by the dependencies of the Judicial Power of the Province of Misiones.
Article 3.- Auditing and Supervisory Bodies. The determination, advice, supervision, application and interpretation of the issues related to judicial fees and tariffs shall be in charge of the agencies determined by the Superior Court of Justice of the Province of Misiones.
When the amount determined, after applying the referred rate is less than the sum of seventy pesos ($ 75), this shall be the amount to be paid in the first instance. The minimum fee in the Justice of the Peace is thirty-five pesos ($ 35).
Jurisprudence division and partition of assets.
d) Based on the verified assets of the debtor in bankruptcy, civil bankruptcy, creditor’s convocation and liquidation without bankruptcy. When the proceedings are terminated without having reached the verification, based on the reported assets.
In bankruptcy proceedings filed by creditors, based on the amount of the claim on which the action is based. If bankruptcy is declared, the amount paid shall be computed on account of the fee corresponding to the total amount.
“Article 33. As remuneration for the services of Justice, in any kind of legal action or lawsuit for sums of money or economic values or in which patrimonial rights and rights incorporable to the patrimony are controverted, a Justice fee shall be paid, the amount of which shall be as follows:
“(9) The provincial State, municipalities and commissions of promotion of the Province, its dependencies, autarchic and decentralized divisions. The following are not included in this provision: organizations or companies that carry out commercial acts or develop industrial activity”.
Claim for division and partition
The second section within the first ground of appeal, entitled “1.2. The harmony of the constitutional and European case law with the precautions hitherto observed by the legislator,” reviews the pronouncements made, both by this Court in STC 20/2012, of February 16, when judging the constitutionality of the aforementioned art. 35 of Law 53/2002, which reintroduced “the fee for the exercise of jurisdictional powers”; and by the European Court of Human Rights (ECtHR) in cases where the State requires a fee for access to justice (art. 6.1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms: ECHR). Based on these, the complaint states that taxing individuals makes Law 10/2012 a suspect category from the perspective of the fundamental right of access to jurisdiction (art. 24.1 EC) and the guarantee of free justice established in art. 119 EC.
b) The second ground of the unconstitutionality appeal filed is entitled: “Law 10/2012, of November 20, regulating certain fees in the area of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences violates Articles 1, 9.2, 24.1, 106 and 119 of the Constitution”; which is in turn divided into three sections.
Law on Court Fees
g) In judicial proceedings involving direct appeals against resolutions issued by the national, provincial or municipal Executive Branch, its administrative agencies, autarkic entities, interjurisdictional entities, social security agencies and any judicial appeal;
a) In lawsuits in which sums of money are claimed, the amount of the claim at the time of payment of the fee, including the capital and, if applicable, the update, fine and accrued interest claimed.
In the event that the estimate made by the party is substantially lower than the amount determined by the judge, the latter may impose a fine to be fixed between five percent (5%) and thirty percent (30%) of the amount of the aforementioned difference. Such fine shall have the same fiscal destination as the justice fee.
e) In bankruptcies and reorganization proceedings in case of administrative liquidation, the amount resulting from the liquidation of assets; and in reorganization proceedings, the amount of all verified credits;