P.R. Laws tit. 3, § 8831

2019-02-20 00:00:00+00
§ 8831. Ratification of obligations and pending suits

None of the provisions of this chapter and the reorganization carried out by virtue thereof shall affect, modify, or terminate any contract, loan, note, or any other kind of obligation recognized in law, legally issued or contracted by any of the agencies reorganized by virtue of the adopted plan or plans. On the contrary, all contracts, loans, notes, and all other kinds of obligations, regardless of their scope or nature, shall be faithfully complied with, satisfied, and paid by the successor of the reorganized agency, once they are evaluated and audited. If there is no successor agency due to the elimination of an agency, the Legislative Assembly shall designate the agency or official that shall represent the Commonwealth of Puerto Rico.

No lawsuit, action, or proceeding initiated pursuant to the law by or against an agency, by or against a head of agency or other official of the Commonwealth of Puerto Rico, in his/her official capacity or with respect to the discharge of his/her official duties, shall be dismissed as a result of the effectiveness of the reorganization plan adopted pursuant to the provisions of this chapter. The Court of First Instance, through motion or supplemental pleading filed at any time within the twelve (12) months following the effective date of the reorganization plan or plans, showing to the satisfaction of the court the need to continue such lawsuit, action, or other proceeding to settle the issues presented, shall evaluate whether the lawsuit shall continue against the successor(s) of the head agency or official of such agency under the reorganization made under the plan or plans, or if there is no successor, by or against the agency or official designated by the Governor.

History —Dec. 17, 2009, No. 182, § 12.