2023-12-11 14:42:45
NOTIFICATION EXTRACT FOR NOTICES
16th Civil Court of Santiago, Huérfanos 1409, 4th floor, in case file c-21399-2019, titled “Santelices/Fruchte”, ordinary statute of limitations trial, it was ordered to notify the lawsuit filed on 07/07/2019 which states: In the main thing: it demands a declaration of extinctive prescription, in the first other it requests lifting of mortgage and registration, in the second it accompanies documents, in the third it requests notification by notices, in the fourth it also requests sponsorship and power of attorney. Paula Ortiz Von Nordenflycht, lawyer, appears on behalf of Mr. Francisco Alejandro Santelices González, Chilean, married, retired, Identity Card 5,487,109-9, domiciled at Camino Loreto 951 plot 6, province and commune of Talagante, according to a court order issued accompanies in an additional part of this presentation and in his capacity as a community member of the property whose mortgage is requested for prescription and consequent lifting. demand for declaration of extinctive prescription of actions, obligations and rights that exist or have existed for or by me represented against the defendant estate of Ilse Fruchte Krabbenhoft, I do not know the address in consideration of the factual and legal background that is set out.
On November 18, 1973, Joaquín María Pallin Oñate acquired the property located at 1650 Andacollo Street, commune of Providencia Santiago, from Mrs. Ilse Fruchte Krabbenhoft, the sale price and method of payment was 160,000 escudos, payable with 30,000 in cash, 90,000 in 18 monthly and successive installments of 5,000, 30,000 on June 30, 1971 and 10,000 on June 30, 1972. Interest was established and said property was mortgaged in favor of the seller. The current heirs of said property, when trying to sell it, found themselves with this limitation to the ownership, the obligation that gave rise to the mortgage is prescribed, so neither my client nor the community members have any debt with the defendant and in the event that they exist or have debts existed in favor of the defendant, these are prescribed to date in both actions, rights and obligations in accordance with article 2434 of the civil code, the mortgage is extinguished by principal means when it is extinguished independently of the guaranteed obligation or by accessory means when the extinction is occurs because the main obligation has suffered the same fate, therefore it is requested of us. it is useful to have a lawsuit filed for extinctive prescription of the obligation to pay 160,000 escudos against the succession of Ilse Fruchte Krabbenhoft, accept it for processing and ultimately declare the extinctive prescription of said payment obligation as well as with respect to the limitations on the domain imposed for the mortgage on the property located at Andacollo Street 1651 Providencia and the consequent lifting is ordered.
The court resolves by providing the lawsuit dated July 7, 2019: first and foremost, the lawsuit is deemed to have been filed in an ordinary trial, transfer. To the second, yes: the documentation must be accompanied and the representation invoked must be accredited, with a summons. To the third, yes: there is no place without prejudice, request what corresponds. To the fourth one more: be present. providing presentation dated July 7, 2019. previously attached in the terms of article 30 of the CPC. Request that the civil registry and identification service be notified in order to inform who and what is the address of those who constitute the estate of Mrs. Ilse Fruchte Krabbenhoft.
Before providing, please indicate the identity card of Mrs. Ilse Fruchte Krabbenhoft. The order is complied with and the request is requested to process the document by the court, placing the burden of proof on the parties. file file with receipt of official document pending, requests unarchive. An unarchive is provided, notification is reiterated by notices and birth, marriage and death certificates of Mrs. Ilse Fruchte Krabbenhoft are attached. Court resolves prior to providing accompanying non-digitized certificates. The order is complied with and it is resolved that there is no need for notification by notices and by certified escorts. Said resolution is recovered and the court rejects it, arguing that it requires a report from the civil registry indicating whether the succession has heirs. Previously dated October 14, 2020, the court once again informs the civil registry and identification to inform regarding those who constitute said succession.
On January 4, 2021, the Civil Registry issued a report indicating that the succession was constituted by his surviving spouse, Exequiel del Carmen Moraga Fuentes, run 3,737,701, domiciled at Av. 11 de Septiembre s/n, plot 63, Linderos, Buin, his children Patricio Exequiel Moraga Fruchte, run 7.412.049-0, domiciled at Av. 11 de Septiembre s/n, plot 63, Linderos, Buin, Verónica Ilse Moraga Fruchte, domiciled at Antupirén 9421 , ecological community Peñalolén, Pablo Andrés Moraga Fruchte, rut 8.952.937-9, domiciled at Camino El sauce s Calera de Tango and Juan Carlos Moraga Fruchte, rut 8.953.022-9, domiciled at Sajonia 3141, v Bellavista Osorno. In the main part, members of the succession and addresses are indicated, in the first part the request for notification by notices is reiterated, in the second part, in case of not accepting the above, an exhortation is requested to Osorno, Buin, and San Bernardo. it is provided to the main thing: by accompanied to the first otheryes: not for now, to the second otheryes: exhort yourself. Negative searches for Don Pablo Andrés Moraga Fruchte. personal notification from Don Juan Carlos Moraga Fruchte. Request notification by notices, it is not provided due to not having notified the corresponding institutions. replacement court reports to civil registry and identification and Investigative Police, letters are received. The request for notification by court notices is reiterated and has not been accepted for now. accompanies and complements new address, requests letters and reiterates letters, archives file, requests unfiling. The defendants Verónica Ilse Moraga Fruchte and Pablo Andrés Moraga Fruchte are notified by document via letter and Mr. Exequiel del Carmen Moraga Fuentes died in the month of April 2023. It is requested that article 54 of the code of civil procedure be notified to the only the 5 defendants, Mr. Patricio Exequiel Moraga Fruchte, who could not be notified. On June 30, 2023, the court provides “given the merit of the background, the notification by notices requested regarding Mr. Patricio Exequiel Moraga Fruchte was given by means of an extract authorized by Ms. secretary, which will be published three times in two newspapers of national circulation and in a newspaper of circulation of the commune of Buin, without prejudice to the publication in the official newspaper of the republic, in accordance with the provisions of the final part of the article 54 of the code of civil procedure, resolved Mrs. Susana Isabel Ortiz Valenzuela. What I notified Patricio Exequiel Moraga Fruchte.
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