JOHN CARLOS I
KING OF SPAIN
To all who present it and understand it.
Sabed: That the General Courts have approved and I come to sanction the following law.
The importance of the Civil Registry demands the adoption of a new model that fits both the values enshrined in the Constitution of 1978 and the current reality of Spanish society.
Although the current Civil Registry Law of 8 June 1957 has shown its technical quality and its capacity to adapt over these years, it is undeniable that the relevance of the transformations in our country Country demands an in-depth normative change that, gathering the most valuable aspects of the registry institution, fully accommodates it today, whose political, social and technological reality is completely different from that of then.
The 1978 Constitution places people and their rights at the heart of public action. And that unequivocal recognition of dignity and equality has meant the progressive abandonment of legal constructions from past epochs that shaped the civil state from the social state, religion, sex, filiation or marriage.
A Civil Registry consistent with the Constitution has to assume that people-equal in dignity and rights-are their only reason to be, not only from an individual and subjective perspective but also in their objective dimension, as members of a politically organized community.
For this reason, the Law abandons the old concern for the territorial observation of the facts concerning people, replacing it with a radically different model that prioritizes the history of each individual, freeing it from administrative burdens and balancing the necessary protection of its fundamental right to privacy with the public nature of the Civil Registry.
In this sense, the Law abolishes the traditional system of division of the Civil Registry in Sections-births, marriages, deaths, tutoring and legal representations-and creates an individual record for each person to whom from the first enrollment that you practice is assigned a personal code.
Likewise, this Law incorporates both the Convention of the Rights of the Child of 20 November 1989, ratified by Spain on 30 November 1990, and the Convention on the Rights of Persons with disability, of 13 December 2006, ratified by Spain on 23 November 2007.
The modernization of the Civil Registry also makes it pertinent that its conduct be taken up by public officials other than those that make up the judicial branch of the State, whose constitutional role is to judge and execute the judged.
In fact, the application to the Civil Registry of organizational and management techniques of administrative nature will allow for greater uniformity of criteria and a more agile and efficient processing of the different files, without merit some of the citizens ' right to an effective judicial remedy, since all acts of the Civil Registry are subject to judicial control.
This Law clearly disallows the traditional governmental and judicial functions that, due to historical inertia, still appear intermingled in the system of the Law of 1957, and approximates our model of the Civil Registry to the existing one in other countries in our environment, where a body or entity of an administrative nature has also been chosen in order to provide a higher quality public service, without prejudice to the judicial guarantee of citizens ' rights.
Since the matter to which the functioning of the Civil Registry refers is the civil state of the persons and in certain respects, the family law, the competent jurisdiction is the civil. However, the nationality by residence is excepted, in respect of which the reasons for transferring this matter to the judicial-administrative jurisdiction with the entry into force of Law 18/1990 of 17 December of 17 December reform of the Civil Code.
That same modernizing vocation means that the Law is designed to provide a single Civil Registry for all of Spain, computerized and electronically accessible.
The Civil Registry is configured as a single database that allows the unit of information to be combined with territorialized management and universality in access. This conceptual leap, which implies the overcoming of the physically articulated register in books guarded in offices distributed throughout Spain, compels a rethinking of its entire organizational structure, which must now be To exempt the citizen from the burden of having to attend the offices of the Registry.
An electronic Civil Registry requires a different organizational structure than the current one. Structure which, moreover, must be present to the Autonomous Communities.
To all this, Title III of this Law is dedicated, in which a much simpler organization of the Civil Registry is contemplated than the previous one, differentiating between General Offices, Central Office and Consular Offices, endowed with own functions and powers, although depending on the Directorate-General of the Registers and the Notary as a senior management, consultative and responsible senior centre of the Civil Registry.
There will be a General Office for each Community or Autonomous City and another for every 500,000 inhabitants, at the front of which will be an Encharged to which the functions of receiving declarations and requests are assigned, the processing and resolution of files, the practice of registration and, where appropriate, the issuing of certificates. The Central Office is responsible, among other functions, for the practice of the enrollments derived from resolutions dictated by the General Directorate of the Records and the Notary in the files that are of their competence. As for the Consular Offices, their legal regime does not differ substantially from the current one.
The unit of action is ensured by the binding nature of the instructions, resolutions and circulars of the Directorate-General for Records and Notaries, as well as the establishment of a system of resources which follow the general rules of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, with the express provision of an appeal to the aforementioned Directorate-General.
The Law conceives the Civil Registry as an electronic register, in which computer seats are practiced, which organizes the publicity and gives faith of the facts and acts of the civil state. From this conception, the use of new technologies and electronic signatures is incorporated.
The regime of the advertising of the Civil Registry is articulated from two instruments: the electronic certification and the access of the Administration, in the exercise of its public functions, to the registration information. The latter is conceived as the preferred advertising instrument, so that only in exceptional cases the citizen must present certificates of data from the Civil Registry.
The electronic character of the Civil Registry does not mean altering the privacy guarantee of the data contained therein. Although the Civil Registry is excluded from the scope of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, special protection is given to the data, as long as they contain information that affects the sphere of the person's intimacy. The relevant thing is that the protected data only belong to its owner and it is up to him to authorize them to be provided to third parties.
In relation to the substantive aspects of the Law, Title VI, relating to acts and acts, deserves special mention. With respect to the birth registration, the general criteria are maintained and the data of the born person is provided through an official document by the health centers. Each child will be opened an individual record and will be assigned a personal code.
The first and last name is configured as an identity element of the born born of the right of the personality and as such is incorporated into the birth registration. In order to advance gender equality, the historical prevalence of the paternal family name is dispensed with, allowing both parents to decide the order of the surnames. Likewise, the procedure for changing names and surnames is systematized and streamlines and, as a general rule, it is submitted to the Competition of the Encharged of the Civil Registry. As for the filiation, all reference to the non-marital is eliminated, with full equalization to the marriage.
The instruction of the marriage file and the celebration of the marriage is a matter for the Ayculos, who must forward the mandatory documentation to the Civil Registry. The consuls will authorize, celebrate and register the marriages of Spaniards abroad. The communication to the Civil Registry of marriages held in a religious manner is not modified.
Similar to that of birth, the inscription of death is regulated by the referral of the official document, accompanied by a medical part, by the health centers. The requirement of the prior practice of death registration is maintained to proceed to the inhumation or incineration.
The decentralization introduced by the Constitution of 1978 is present, not only from the territorial point of view, but also from the perspective of the distribution of competences. Thus, access to the Civil Registry of regulated acts is contemplated in some special civil rights, such as autotutfabrics, preventive proxies or specialties in matters of the economic regime of marriage. The use of co-official languages is also foreseen, both in the registration and in the issue of certifications. In addition, the Law guarantees the proper coexistence of the state competition on Civil Registry and those of an executive nature that correspond to the Autonomous Communities.
The rules of private international law are contained in Title X of the Law with an update of the legal solutions influenced by the progress of European legislation and the growing importance of the foreign element with access to the Civil Registry. The coherence of the model requires in this respect to maintain unity, within the particularities inherent in each sector.
One of the biggest new developments is the registration of foreign court documents. In this way, not only is the previous registration exequatur allowed, but also the possibility that the Encharged of the Civil Registry will carry out the registration after proceeding to an incidental recognition.
The inherent complexity of international situations warrants that the registration of foreign judicial and non-judicial documents, as well as foreign certificates, correspond exclusively to the Office Central to the Register. The Central Office is further configured as the authority in charge of international cooperation in all matters subject to the Law.
The articulated is complete with additional, transitional and final provisions, as well as with a derogation provision.
The Civil Registry Law of 8 June 1957 is repealed, which, however, will continue to be applied as long as the complex transitional regime provided for in the Law is extinguished. In this way, a system of progressive incorporation of the individual registers is foreseen and the effects that the current order attributes to the Family Book are maintained temporarily. The provisions of the Civil Code which are incompatible with the provisions of this Law shall also be expressly repealed.
Indeed, since the Family Book-which loses meaning within the modern model that has been set up in this Law-will be dispensed with, it has been foreseen that in each individual record a sheet or extract will be recorded in which the personal data of the individual's life. Consequently, with this design of the individual sheet, and in the search for greater simplicity and efficiency of the system, the Law distinguishes between the inscriptions, the registry and, finally, the seat of cancellation.
Law 1/2000, of 7 January, of Civil Procedure is amended in order to determine the judicial body and the procedure to know of the resources in front of the resolutions of the General Directorate of the Registers and the Notarized in matters of marital status. Such forecasts shall not apply to resources in respect of decisions relating to the acquisition of nationality by residence, the regulation and jurisdiction of which is not amended.
The dejudicialization of the Civil Registry imposes the repeal of Article 86 of the Organic Law 6/1985, of July 1, of the Judicial Branch, which is carried out through the Supplementary Organic Law, and of the provisions of the Law 38/1998, of December 28, of Plant and Judicial Demarcation, with respect to the Civil Records.
The complexity of the Law and the radical change from the previous model advise a long term of vacatio legis, that has been set in three years, to allow the progressive implementation of the new model, avoiding disfunctions in the treatment of the registration information and the implementation of the new organizational structure.
The Civil Registry. General provisions
Nature, content and competencies of the Civil Registry
Article 1. Object of the Law.
This Law has as its object the legal ordination of the Civil Registry.
In particular, it aims to regulate the organization, direction and functioning of the Civil Registry, access to the facts and acts that are recorded in the Civil Registry and the publicity and effects that are given to its content.
Article 2. Nature and content of the Civil Registry.
1. The Civil Registry is a public register under the Ministry of Justice. All matters relating to the Civil Registry are entrusted to the General Directorate of Records and Notaries.
Civil Registry Managers must comply with the orders, instructions, resolutions and circulars of the Ministry of Justice and the General Directorate of Records and Notaries.
2. The purpose of the Civil Registry is to officially state the facts and acts referring to the civil status of persons and those other than those determined by this Law.
3. The content of the Civil Registry is composed of the set of individual records of the natural persons and the remainder of the inscriptions that are practiced in the same as provided for in this Law.
Article 3. Defining elements of the Civil Registry.
1. The Civil Registry is unique for all of Spain.
2. The Civil Registry is electronic. The data shall be subject to automated processing and shall be integrated into a single database whose structure, organisation and operation is the competence of the Ministry of Justice under this Law and its implementing rules.
3. The security measures laid down in the regulations in force on the protection of personal data shall apply to the Civil Registry.
Article 4. Facts and acts inscribable.
The Civil Registry has access to the facts and acts that refer to the person's identity, marital status and other circumstances. They are therefore inscribable:
1. º The birth.
2. º The filiation.
3. º The name and the last names and their changes.
4. Sex and sex change.
5. No. Nationality and civil neighbourliness.
6. The emancipation and the benefit of the greatest age.
7. The marriage. Separation, nullity and divorce.
8. The legal or legal matrimonial property regime.
9. Paterno-subsidiary relationships and their modifications.
10. The judicial modification of the capacity of the persons, as well as the one deriving from the declaration of contest of the natural persons.
11. The guardianship, the conservatorship and other legal representations and their modifications.
12. The acts relating to the constitution and the regime of the protected heritage of persons with disabilities.
13. º Self-protection and preventive proxies.
14. The declarations of absence and death.
15. º Death.
Article 5. Individual record.
1. Each person shall have an individual record in which the facts and acts relating to the identity, marital status and other circumstances in the terms of this Act shall be established.
2. The individual registration shall be opened with the birth registration or with the first seat being practiced.
3. In this register, all acts and acts which have access to the Civil Registry shall be recorded or recorded, continued, successively and chronologically.
Article 6. Personal code.
For each individual register opened with the first registration, a personal code will be assigned to it, consisting of the alphanumeric sequence that attributes the current computer system for the national document identity.
Article 7. Electronic signature.
1. Those in charge of the Civil Registry Offices shall have a recognised electronic signature. By means of such signature, the seats of the Civil Registry and the certifications that are issued shall be practiced.
2. Citizens will be able to access the services of the Civil Registry by electronic signature, in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services.
Article 8. Communication between the Civil Registry Offices and the Public Administrations.
1. The Civil Registry Offices shall communicate with each other through electronic means.
2. All administrations and civil servants, in the exercise of their powers and under their responsibility, shall have access to the data contained in the Single Civil Registry with the exceptions relating to the data in particular protected provided for in this Law. Such access shall also be carried out by electronic means with the technical requirements and requirements set out in the National Interoperability Scheme and the National Security Scheme.
Article 9. General competencies of the Civil Registry.
In the Civil Registry, they will consist of the facts and inscribable acts that affect the Spanish and those referring to foreigners, which have occurred in Spanish territory.
Likewise, the acts and acts that have taken place outside Spain shall be registered, where the corresponding entries are required by Spanish law.
Article 10. Competition rules.
1. The application for registration and the practice of registration may be made in any of the General Offices of the Civil Registry, regardless of the place in which the acts or acts are registered. If they are produced abroad, the registration shall be applied for and, where appropriate, shall be carried out in the Consular Office of the relevant constituency. In the latter case, registration may also be requested and practiced at any of the General Offices.
2. Citizens may apply to any of the General or Consular Offices of the Civil Registry or by electronic means access to the information contained therein through the means of publicity provided for in this Law.
Rights and duties before the Civil Registry
Article 11. Rights to the Civil Registry.
They are people's rights to the Civil Registry:
a) The right to a name and to be entered by opening an individual record and assigning a personal code.
b) The right to the registration of the facts and acts referring to their identity, marital status and other personal circumstances that the Law provides for.
c) The right to access the information you request about the content of the Register, with the limitations provided for in this Law.
d) The right to obtain certifications.
e) The right to privacy in relation to data specially protected subject to restricted advertising.
(f) The right to access the services of the Civil Registry in any of the General or Consular Offices of the Civil Registry.
g) The right to use in the Civil Registry any of the official languages in the place where the Office is located.
(h) The right to gender equality and full recognition of the principle of equality, in all its manifestations, in the field of Civil Registry Law.
i) The right to promote the registration of certain acts and acts aimed at the protection of minors, persons with legal modified capacity, persons with disabilities and the elderly.
j) The right to promote the rectification or modification of the registered seats in the legal or regulatory cases provided for.
k) The right to file resources in the terms provided for in this Law.
l) The right to access Civil Registry services with a guarantee of the principles of universal accessibility and design for all people.
Article 12. Duties before the Civil Registry.
They are the duties of people before the Civil Registry:
(a) The duty to promote the practice of the registered seats in the cases provided for in this Law.
(b) The duty to urge the registration where it is a constituent in the legally intended cases.
c) The duty to communicate the facts and acts that are inscribed in accordance with the provisions of this Law.
d) The duty to present the necessary documentation when the corresponding data is not held by the Public Administrations.
e) The duty to provide accurate and accurate data in the application for registration or in compliance with the duties referred to in the previous numbers.
f) The duty to cooperate in the proper functioning of the Civil Registry as a public service.
Principles of Civil Registry Operation
Article 13. Principle of legality.
The Civil Registry officers shall verify the reality and legality of the facts and acts whose registration is intended, as required by the documents certifying and certifying them, by examining in any case the legality and accuracy of these documents.
Article 14. Principle of officialdom.
Civil Registry Managers should practice timely registration when they have the necessary titles in their possession.
The natural and legal persons and public bodies and institutions that are obliged to promote the registration shall provide the Data and Information necessary for the practice of the Civil Registry to the Encarloads of the Civil Registry those.
Article 15. Principle of advertising.
1. Citizens shall have free access to the data contained in their individual registration.
2. The Civil Registry is public. Public administrations and officials, for the performance of their functions and under their responsibility, may access the data contained in the Civil Registry.
3. Registration information may also be obtained by means of advertising provided for in Articles 80 et seq. of this Law, where they relate to a person other than the applicant, provided that the identity of the applicant is established and there is a legitimate interest.
4. Except for the general scheme of advertising, the data in particular protected, which shall be subject to the restricted access system referred to in Articles 83 and 84 of this Law.
Article 16. Presumption of accuracy.
1. Those in charge of the Civil Registry are obliged to ensure the concordance between the registered data and the extraregistral reality.
2. It is presumed that the registered facts exist and the acts are valid and accurate as long as the corresponding seat is not rectified or cancelled in the form provided for by law.
3. When the acts and acts entered in the Civil Registry are contested judicially, the corresponding seat shall be corrected.
Article 17. Evidential effectiveness of the enrollment.
1. The registration in the Civil Registry constitutes proof of the registered facts.
2. Only in cases where there is a lack of registration or where it is not possible to certify the seat, other means of proof shall be permitted.
In the first case, it will be an essential requirement for your admission to the accreditation that prior to or at the same time the omitted registration or reconstruction of the seat has been urged, and not your mere application.
Article 18. Constitutive effectiveness of registration in the Civil Registry.
Registration in the Civil Registry will only have constitutive effectiveness in the cases provided for by the Law.
Article 19. Presumption of integrity. Principle of inopreadability.
1. The content of the Civil Registry is presumed to be in full respect of the acts and acts entered.
2. In the cases legally provided, the facts and acts that are registered in accordance with the provisions of this Law will be oponable to third parties since they access the Civil Registry.
Structure and dependency of the Civil Registry
Civil Registry Offices
Article 20. Structure of the Civil Registry.
1. The Civil Registry depends on the Ministry of Justice and is organized at:
1. Central Office.
2. General Offices.
3. Consular Offices.
2. Registrations and other registered seats shall be carried out by the Entrants of the Civil Registry Offices.
Under your responsibility and on the terms and with the limits that are determined to be determined, the Encharged may delegate functions to the staff at the service of the Office of the Civil Registry.
3. Citizens may submit the application and the required documentation to any Office of the Civil Registry or send it electronically. They may also present the application and the necessary documentation for the actions before the Civil Registry.
Article 21. Central Office of the Civil Registry.
1. The Ministry of Justice shall appoint the Encarloads of the Central Office of the Civil Registry.
2. The Central Office of the Civil Registry performs the following functions:
1. To practice the enrollments that are derived from resolutions dictated by the General Directorate of the Registers and the Notarized, referring to facts or acts that can be registered in the Civil Registry.
2. Practice the registration of authentic foreign judicial and extrajudicial documents and certificates of seats extended in foreign records.
3. Practice the registration of the death of persons of foreign nationality at the service of the Armed Forces and the Security Forces, provided that such death occurred during a mission or operation outside Spain and that the registration system of the State where the event occurred will not be the subject of the relevant registration. The foregoing shall be without prejudice to the transfer of the registration made to the State Registry of which the deceased person is a national.
4. You will also perform all those functions that are attributed to you by the laws.
3. The Central Office is the authority in charge of international cooperation on Civil Registry in the terms foreseen by the international instruments applicable in Spain and this Law.
Article 22. General Offices of the Civil Registry.
1. At least one General Office of the Civil Registry shall be located in each Autonomous Community or city with a Statute of Autonomy. The Ministry of Justice and the Autonomous Communities with executive powers in this field will be able to create in their respective territorial areas, in addition, a General Office of the Civil Registry for every 500,000 inhabitants.
Exceptionally, due to the unique distribution of the population or the characteristics of the territory, three other General Offices may be created in each Autonomous Community.
In view of the difficulties of access arising from the insular nature of its territories, the Canary Islands and the Balearic Islands will in any case count on at least one General Office of the Civil Registry in each of the islands where there is a Civil Registry upon entry into force of this Law.
2. At the head of each General Office of the Civil Registry will be an Encharged of the Civil Registry, which will exercise its functions under the dependency of the General Directorate of the Registers and the Notary. Exceptionally and for service needs, more than one Encharged may be designated.
3. It shall be for the Ministry of Justice and the Autonomous Communities with executive powers in the matter to designate the Entrats of the General Offices of the Civil Registry in their respective territorial areas.
4. These are the functions of the General Civil Registry Offices:
1. To receive and document statements of knowledge and will in matters of their competence, as well as to issue certifications.
2. Receive by electronic means or in-person applications or forms, as well as other documents that serve as a title to practice a seat in the Civil Registry.
3. To process and resolve the cases of Civil Registry that attribute the legal order to them.
4. Practice the inscriptions and other seats of your competition.
5. th Exorder certifications from the registry seats.
6. Other Cuestones to be determined by the General Directorate of the Registers and the Notary.
Article 23. Consular Offices of the Civil Registry.
The consular offices of the Civil Registry shall be in charge of the Consules of Spain or, as the case may be, the diplomatic officers in charge of the consular sections of the Diplomatic Mission.
Article 24. Functions of the Consular Offices of the Civil Registry.
These are the functions of the Consular Records:
1. Inform the facts and acts relating to Spaniards in their consular district, as well as foreign judicial and non-judicial documents and certificates of foreign civil records that serve as a title to practice enrollment.
2. Exorder certifications from the registry seats.
3. To receive and document declarations of knowledge and will in matters of their competence.
4. Inform the previous marriage file, as well as issue the certificates of capacity needed for its overseas celebration.
5. To communicate to the General Directorate of the Registers and the Notary the foreign legislation in force in relation to the civil state of the persons.
The General Directorate of Records and Notaries
Article 25. The General Directorate of the Registers and the Notary.
The General Directorate of Registers and Notarized is the leading and consultative center of the Spanish Civil Registry.
Article 26. Functions of the General Directorate of Records and Notaries in the Civil Registry.
In the field of Civil Registry, the following are functions of the General Directorate of the Registers and the Notary:
1. Promote the development of general provisions.
2. Dictate the instructions, resolutions, and circulars that you consider to be in the affairs of your jurisdiction, which will be binding.
3. Oversee and coordinate compliance with the registration rules by the Encharged and other personnel at the service of the Civil Registry Offices.
4. Solve Legally-foreseen resources and attend to consultations that arise about the interpretation and enforcement of Civil Registry legislation.
5. To resolve the cases of your jurisdiction in the field of Civil Registry.
6. Order strategic planning, and coordinate actions in this field with other public or private administrations and institutions.
7. ª implement and develop public service quality programs provided by the Civil Registry.
8. Other Cuestulets that attribute the laws to you.
Titles that access the Civil Registry. Review of legality
Titles accessing the Civil Registry
Article 27. Authentic documents to practice inscriptions.
1. The authentic document, whether original or testimony, is judicial, administrative, notarial or registered, is sufficient title to register the fact or act that accesses the Civil Registry.
It is also sufficient title to practice the registration of the foreign document that meets the requirements set out in Articles 96 and 97 of this Law.
2. Final judgments are sufficient evidence to register the act or act which they constitute or declare. If they contradict registered facts, the corresponding rectification must be carried out.
3. The documents referred to in the previous two paragraphs may be submitted on any medium, including electronic means, provided that they comply with the requirements, format and effectiveness provided for in their respective regulatory standards.
4. The documents presented in the Civil Registry Offices and in the Councils will be guarded and preserved in the terms established by the regulatory regulations of this matter for the Public Administrations.
Article 28. Foreign Records Certifications.
To practice registration without a file, under certification from a foreign registry, it will be necessary to comply with the requirements laid down in the applicable regulations to make it effective in Spain.
Article 29. Declarations of the persons obliged.
1. The declarations under which the seats are to be taken shall be entered in the minutes signed by the competent official of the General Office or Consular and by the declarants, or by the completion of the form officially approved.
2. The verification of the declarations shall include the capacity and identity of the declarant.
Article 30. Document legality control.
1. Those required to promote registration will only have to provide the documents required by law when the data incorporated therein does not appear in the Civil Registry or could not be provided by other administrations or officials. public.
2. The Charge of the Office of the Civil Registry at which the registration is requested must check the legality of the extrinsic forms of the document, the validity of the acts and the reality of the facts contained therein.
The qualification of judgments and judgments shall fall on the jurisdiction and class of the procedure followed, extrinsic formalities of the documents presented and seats of the Registry itself.
3. If the Charge of the Office of the Civil Registry has reasonable doubts as to the legality of the documents, the veracity of the facts or the accuracy of the declarations, it shall carry out before extending the registration, and within ten years days, the appropriate checks.
If the verification of the documents and statements made would result in an essential contradiction between the Registry and the reality, the Encharged of the Civil Registry will put it to the attention of the Prosecutor's Office and will warn him those interested.
Article 31. Examination of applications for registration and declarations.
In the examination of the applications and declarations made, the Consular Office or General of the Civil Registry shall verify the identity and capacity of the applicants or declarants and, where appropriate, verify the authenticity of the the signature.
Article 32. Constancy of requests and statements made in the Civil Registry Offices.
1. Requests and statements made by citizens through any of the means provided for in this Law before the Offices of the Civil Registry shall be duly registered in the manner that is determined to be determined.
In any case, the identity and address of the applicant or declarant, of the national identity document or the identification number of the foreigner, of the date on which the application has been made or declaration, the content of the declaration and the action of the official of the office to which it has been addressed.
2. This information shall be accessible to all the Civil Registry Offices, which shall refuse the person concerned the registration requested or the receipt of the declaration on which the competent official or officials of an office would already have been registered. pronounced or would have been required to do so.
Competence to perform seats
Article 33. General rule for the practice of seating.
1. The Office of the Office of the Civil Registry before which the title is presented or the declaration is made shall carry out the appropriate seats of its own motion or give judgment by refusing them within five days. The registration of the death, no legal obstacle, will be practiced on the same day of the presentation of the documentation. In the Consular Offices of the Civil Registry, for entries concerning nationality and marriage, the seats shall be performed as soon as possible.
2. Without prejudice to the provisions of the preceding paragraph, the Head of the Central Office shall practise the seats to which the decisions given in the files for the processing and resolution of which the Ministry of Justice.
Article 34. Seats of court decisions.
The judicial secretary of the body that has issued a resolution whose contents must be placed on the Civil Registry for affecting the civil status of the persons, shall be sent by electronic means to the Office of the Registry Civil testimony of the judicial decision referred to.
Article 35. Registration of notarial documents.
The Notaries, within their scope of competence, shall transmit by electronic means to the General Office of the Civil Registry the public documents that give rise to a seat in the Civil Registry.
General rules for seating practice
Article 36. Electronic seats.
1. In the Civil Registry all seats will be extended in support and electronic format. Such seats shall be in accordance with the models approved by the General Directorate of the Registers and the Notary.
2. In exceptional circumstances and where electronic seating is not possible, the seat may be held on paper. In this case, it will be moved to the electronic format as quickly as possible.
3. Seats in the Civil Registry must be filed after closing in an electronic security register.
Article 37. Official languages.
Citizens who call for the registration of a fact or act in the Civil Registry may request that it be practiced in any of the official languages of the place where the General Office of the Civil Registry is located.
Article 38. Class of seats.
The seats of the Civil Registry are entries, annotations and cancellations.
Article 39. Inscriptions.
1. The registration is the mode of seat through which the Civil Registry access the facts and acts relating to the civil status of the persons and those others determined by this Law.
2. The effects of the registration are those provided for in Articles 17 and 18 of this Law.
Article 40. Log annotations.
1. The log record is the seat mode that in no case will have the evidentiary value provided by the registration. They shall have a purely informative value, except where the Act gives them a presumption value.
2. The registration records shall be issued at the request of the Prosecutor's Office or any interested party.
3. The following acts and acts may be annotated:
1. The pending judicial, administrative or registration procedure that may affect the content of the Civil Registry.
2. The fact whose registration cannot be extended by not being legally accredited at one of its ends.
3. º Statements with presumption value.
4. The fact or act concerning Spaniards or occurred in Spain that affects their marital status, according to foreign law.
5. º The foreign judgment or resolution affecting the civil state, as long as the exequatur or the incidental recognition in Spain is not obtained.
6. The canonical judgment or resolution whose execution in terms of civil effects has not yet been decreed by the relevant Tribunal.
7. The Disappearance.
8. The tutelary actions and other Twittive figures provided for in the Law, in cases that are regulated by law.
9. º The welcoming, administrative save, and save in fact.
10. º Other facts or acts whose annotation is provided for in this or other law.
Article 41. Cancellations.
Cancellation seats deprive the registration seat of any class for nullity of the seat itself, in whole or in part, for ineffectiveness or non-existence of the event or act or for any other cause established by the seat. law.
Cancellation will be performed under appropriate title, either ex officio or at the request of the data subject.
Promotion of enrollment and other seats
Article 42. People forced to promote enrollment.
1. They are obliged to promote the registration without delay:
1. The designated in each case by law.
2. No. Those who are referred to in the event, their heirs or legal representatives.
3. The Fiscal Ministry in the exercise of its functions according to the provisions of this Law.
2. The authorities and officials not included in the previous number, who are aware of the non-attached facts by reason of their charges, are obliged to communicate them to the Prosecutor's Office.
Article 43. Communication of facts and acts to the Civil Registry.
Persons who are obliged to promote the registration must communicate the facts and acts of registration, either by submitting the duly completed official forms or by means of their remission by means of electronic in the form that is regulated, accompanied by the supporting documents that are established in each case.
You will also proceed with the registration at the instance of any person who presents sufficient evidence.
Facts and Ensignable Acts
Section 1. First Enrollable and people forced to promote enrollment
Article 44. Birth and parentage enrollment.
1. The births of persons are registered, as provided for in Article 30 of the Civil Code.
2. The registration makes faith of the fact, date, time and place of birth, identity, sex and, if applicable, the affiliation of the registered person.
3. Birth registration shall be carried out by virtue of a declaration made in an official document duly signed by him or the declarants, accompanied by the optional part. In the absence of this, the supporting documentation must be provided in the terms that are determined.
The Charge of the General Office or Consular, once received and examined the documentation, will immediately practice the birth registration. Such registration shall determine the opening of a new individual registration, to which a personal code shall be assigned in the terms provided for in Article 6 of this Law.
4. The parental affiliation shall not be recorded in cases where the mother has a matrimonial relationship with a person other than the one in the declaration or the presumption provided for in Article 116 of the Civil Code applies. In such cases, the birth registration shall be performed immediately and a registration file shall be opened.
In cases of adoption, the judicial decision constituting the adoption shall be stated, subject to the restricted advertising regime provided for in this Law.
5. Once the registration has been carried out, the Encharged shall issue a literal certification of the birth registration and send it to the address indicated for that purpose by the declarant or declarant.
Article 45. Required to promote birth registration.
They are obliged to promote birth registration:
1. The address of hospitals, clinics and healthcare facilities.
2. º The medical or health care personnel who have attended the delivery, when they have taken place outside the health establishment.
3. The parent.
4. The mother.
5. The nearest relative or, failing that, any older person present at the place of birth at the time of occurrence.
Article 46. Communication of birth by healthcare facilities.
The management of hospitals, clinics and health facilities shall communicate within 24 hours to the Office of the Civil Registry that each of the births that have taken place in its health center is appropriate. The health personnel attending the birth must take the necessary precautions to ensure the identification of the newborn and carry out the checks to be determined in order to establish their affiliation.
Fulfilled the requirements for registration, the communication shall be made by electronic referral of the official declaration form duly completed and signed by the parents.
The signatories must prove their identity by the means admitted into law.
Article 47. Birth registration by declaration of other persons obliged.
1. In respect of births which have occurred outside the health establishment, or where the document has not been referred for any reason within the period and conditions laid down in the previous Article, the persons obliged to promote the registration have a period of 10 days to declare the birth before the General or Consular Office of the Civil Registry.
2. The declaration shall be made by submitting the duly completed official document, to which the prescriptive medical certificate must be accompanied or, failing that, the supporting document in the terms which are to be determined.
3. The declaration may be made in person at the General or Consular Office of the Civil Registry.
Article 48. Abandoned minors and non-attached minors.
1. The public entities of the Autonomous Communities responsible for the protection of minors shall without delay promote the registration of minors in a situation of neglect due to abandonment, whether or not their affiliation is known, as well as the registration of the administrative guardianship which, if any, they assume, without prejudice to the annotation of the guardian to be taken.
2. The Fiscal Ministry will also promote the registration of non-registered minors.
Section 2. Birth Enrollment Content
Article 49. Content of the birth registration and the attribution of surnames.
1. The birth registration shall contain the identity of the person born in the name given to him and the surnames corresponding to him according to his affiliation. They shall also consist of the place, date and time of birth and sex of the child.
2. The parentage determines the surnames.
If the filiation is determined by both lines, the parents will agree to the order of transmission of their respective first last name, prior to registration.
In case of disagreement or when the last names have not been given in the application for registration, the Charge of the Civil Registry will require the parents, or those who have the legal representation of the child, to Maximum of three days shall be reported in the order of last name. After that period without express communication, the Enladen shall agree the order of the surnames on the basis of the best interest of the child.
In birth assumptions with a single recognized lineage, this determines the surnames. The parent may determine the order of the surnames.
The order of the surnames established for the first birth registration determines the order for the inscription of the subsequent births with identical filiation. In this first registration, where so requested, the "of" and the conjunctions "and" or "i" between the surnames may be entered in the terms provided for in Article 53 of this Law.
3. The assigned personal code will also be incorporated into the enrollment.
4. The following circumstances of the parents shall also be found and where possible: name and surname, national identity card or number of foreign identification number, place and date of birth, state, address and nationality; as any other data necessary for the fulfilment of the object of the Civil Registry referred to in Article 2 of this Law which has been included in the officially approved models.
Article 50. Right to name.
1. Everyone has the right to a name from birth.
2. People are identified by name and surname.
3. The person responsible shall impose a name and surnames of current use on the person whose affiliation is unknown. It shall also impose, after a period of three days after having been issued, a name of common use when the obligation to affixit does not indicate it.
4. At the request of the person concerned or his legal representative, the person responsible for the register shall replace the name of the person concerned by his or her equivalent in any of the Spanish languages.
Article 51. Principle of free choice of your own name.
Your own name will be freely chosen and will only be subject to the following limitations, which will be interpreted restrictively:
1. No more than two simple names or one compound may be entered.
2. No names may be imposed that are contrary to the dignity of the person or those that make identification confusing.
3. The name of one of his brothers with identical surnames shall not be imposed on the born person unless he has died.
Article 52. Name change.
The Charge of the Civil Registry, by means of registration procedure, may authorize the change of name after declaration of the interested party, which must prove the usual use of the new name, and provided that the other circumstances required by the legislation of the Civil Registry.
Article 53. Change of surnames by declaration of will.
The Manager may, by means of the interested party's statement of will, authorize the change of surnames in the following cases:
1. The reversal of the last name order.
2. º The preposition of the preposition "from" to the first last name that is usually the name itself or will begin with such, as well as the conjunctions "and" or "i" among the surnames.
3. The accommodation of the last names of older children or emancipated to the change of the parents ' last name when they expressly consent to it.
4. The orthographic regularization of the surnames to the corresponding Spanish language and the graphic adaptation to the Spanish of the phonetic of surnames also foreign.
5. º When on the basis of a corrected filiation after, the son or his descendants intend to keep the surnames that they have used before the rectification. Such storage of surnames shall be required within two months of the date of registration of the new filiation or, where appropriate, of the age of majority.
Article 54. Change of surnames by case.
1. The Registry Officer may authorise the change of surnames, subject to a prior informed file.
2. They are required requirements of the last name change request:
(a) That the surname in the proposed form constitutes a factual situation, usually being used by the person concerned.
b) That the last name or last name that is to be joined or modified legitimately belongs to the petitioner.
c) That the last names that result from the change do not come from the same line.
Opposition founded solely on non-compliance with the required requirements may be formulated.
3. It is sufficient to satisfy the requirement of the usual use of the proposed surname, without complying with the requirements (b) and (c) of paragraph 2, if the last name or surname requested was to the person concerned, provided that he or she, by have passed away, their heirs, give their consent to change. In any case, it is required that, in case or their legal representatives, the spouse and descendants of the owner of the surname are granted the change.
4. The usual use of the proposed surname shall not be required, sufficient to satisfy the second and third conditions laid down in paragraph 2, to change or modify a name contrary to dignity or cause serious inconvenience.
Article 55. Authorization of the change of surnames in exceptional circumstances.
In the case of victims of gender-based violence or of their descendants who live or have lived in homes where such a situation has occurred, as well as in those cases where the urgency of the situation or the circumstances of the situation Exceptional circumstances may be required, the change of surnames by Order of the Ministry of Justice may be authorised in the terms set out in the regulations.
Article 56. Surnames with foreign element.
The person acquiring the Spanish nationality shall retain the surnames he has in the form other than the legal one, provided that he declares it in the act of acquiring it or within two months of the acquisition or the majority of the age, and that the surnames intended to be preserved are not contrary to international public order.
In case of Spanish nationals who also have the nationality of another Member State of the European Union, the changes of voluntary surnames made in accordance with the rules regarding the determination of surnames applicable in the latter State shall be recognised in Spain, except where such change is contrary to the Spanish public order, or where the change resulting from a judicial decision has not been recognised in Spain.
Article 57. Rules common to name and name change.
1. The change of surname reaches all persons subject to the parental authority and also to other descendants who expressly consent to it.
2. The name change shall be entered in the individual register of the person concerned. That registration is a constitutive character.
3. The changes mentioned in the preceding paragraphs may be requested by the person concerned himself if he is more than sixteen years old.
Article 58. Marriage file.
1. The celebration of marriage in civil form corresponds to the Mayors or the Councilors in whom those delegates.
2. The conclusion of the marriage shall require the processing of a file in which the contrayents demonstrate compliance with the capacity requirements and the absence of impediments or their waiver, in accordance with the provisions of the Civil Code. The handling of the file corresponds to the Secretary of the City Council, who will be able to request the reports and to practice the relevant measures to assess the legality and veracity of the marriage.
The processing of the file mentioned will be governed by the provisions of this Law and the regulation that will develop it and, in an additional way, by the provisions of Law 30/1992, of November 26, of the Legal Regime of the Administrations Public and the Common Administrative Procedure.
3. The file shall end with a decision of the Secretary of the City Council authorising or denying the celebration of the marriage. The refusal shall be reasoned and, where appropriate, express the lack of capacity or the impediment on which the refusal is based.
4. Against this resolution, it is possible to appeal to the Encharged of the Civil Registry, whose resolution will be submitted to the system of resources before the General Directorate of the Registers and the Notary previewed by this Law.
5. The mayor or councillor will celebrate the marriage in the form provided for in the Civil Code and then extend the act with his signature, that of the contrayents and witnesses, and transmit it, preferably by way of telematics, to the Civil Registry.
6. In the case of marriages concluded outside Spain, the instruction in the file and the conclusion of the marriage, in accordance with the rules laid down in the preceding paragraphs, corresponds to the Consul in charge of the consular post of the Civil Registration.
7. In the case of the conclusion of the secret marriage referred to in Article 54 of the Civil Code, its processing shall be carried out in a reserved manner and its registration shall be subject to the restricted advertising scheme provided for in Articles 83 and 84 of the This Act.
Article 59. Marriage registration.
1. The marriage authorised and concluded in accordance with the procedure laid down in the preceding Article shall be entered in the individual records of the contrayants.
2. The marriage concluded before a foreign authority shall be granted to the Spanish Civil Registry by the registration of the corresponding certification, provided that it is effective in accordance with the provisions of this Law.
3. The marriage celebrated in Spain in a religious way will access the Civil Registry through the registration of the certification of the Church or Confession as provided for in Article 63 of the Civil Code.
4. The inscription makes faith of the marriage and of the date and place in which it is contracted.
Article 60. Registration of the economic regime of marriage.
1. The marriage registration shall include the legal or legal matrimonial property regime governing the marriage and the covenants, court decisions or other acts that may affect the marriage.
Without prejudice to the provisions of Article 1333 of the Civil Code, in no case shall the third party in good faith be harmed but from the date of the registration of the matrimonial property regime or its modifications.
2. The minutes by which the legal or legal status of the matrimonial property regime is declared shall be entered.
Article 61. Registration of separation, nullity and divorce.
The judicial clerk of the Court or Court that has issued the final judicial decision of separation, nullity or divorce shall send by electronic means testimony to the Office of the Civil Registry, which immediately practice the corresponding registration. Court decisions that resolve nullity, separation and divorce may be subject to annotation until they become firm.
Resolutions on dissolution of canonical marriage, dictated by recognized ecclesiastical authority, will be entered if they meet the requirements of the legal order.
Enrollment of the death
Article 62. Death enrollment.
1. Registration in the Civil Registry of the death is mandatory. The inscription makes faith of the death of a person and of the date, time and place in which it occurs. The identity of the deceased must also be included in the registration.
2. The registration of the death shall be carried out on the basis of a declaration documented on the official form, accompanied by the medical certificate of death. In the absence of a certificate, where the certificate is incomplete or if, in the case of the Chargé, the evidence of death must be supplemented, medical advice shall be required.
3. The competent official shall, upon receipt and examination of the documentation, immediately practice the registration and issue the death certificate.
The Officer, once the registration is practiced, will issue the license for burial or incineration within the time limit that is regulated.
4. The registration of the death will close the individual registration. In no case, the personal code can be re-assigned.
Article 63. Obliged to promote the registration of death.
They are required to promote death enrollment:
1. The address of hospitals, clinics and healthcare facilities where the death occurs.
2. The medical staff who certify the death, when it has taken place outside the health establishment.
3. ° The relatives of the deceased or person to whom they authorize.
4. The director of the establishment, any inhabitant of the house where the death occurred or, where appropriate, the appropriate authority.
5. º Any person who has knowledge of a death shall communicate it to the competent authority, which shall be obliged to promote the registration of the death.
Article 64. Communication of the death by health centers.
The management of hospitals, clinics and health facilities will inform the Office of the Civil Registry that each of the deaths that have taken place in its health center will be assigned. The communication shall be transmitted by electronic means within the time limit laid down by the duly completed official form, accompanied by the medical certificate.
Article 65. Registration of death by declaration of the obligated.
With regard to the deaths that have occurred outside the health establishment, the obligation to promote the registration shall inform the public authority of the death as soon as possible, which shall inform the immediately to the Office of the Civil Registry.
Article 66. Medical certificate of death.
In no case shall the registration of death be effected without the medical certificate of death having been filed with the Civil Registry.
Article 67. Special cases of death registration.
1. Where the body has disappeared or has been removed before registration, a judicial decision shall be required, a procedure of registration or the order of the judicial authority in which the death is legally established.
2. If there is evidence of violent death or in any case where judicial proceedings are to be initiated, the registration of the death shall not in itself entail the granting of a burial or incineration licence. Such licence shall be issued when authorised by the competent judicial body.
Article 68. Registration of nationality and civil neighbourliness.
1. The acquisition of the Spanish nationality by residence, letter of nature and option, as well as its recovery and the declarations of will regarding the neighborhood, will be entered in the individual register. These entries shall be constitutive.
The Spanish nationality acquired by any of the channels recognized in the legal order cannot be registered if the previous registration of the birth has not been effected.
The registration of the loss of nationality will be purely declarative.
2. For the purposes of the registration for nationality and for the civil neighbourhood, it shall be sufficient for the person through which the Spanish nationality or the corresponding civil neighbourhood has been recognised.
Article 69. Presumption of Spanish nationality.
Without prejudice to the provisions of the Civil Code and as long as the parents ' aliens are not included, Spanish citizens are presumed to be born in Spanish territory of parents also born in Spain.
The same presumption rules for the neighborhood.
Article 70. Emancipation and benefit of the greatest age.
1. The emancipation and the benefit of the greatest age shall be recorded in the individual register.
2. The emancipation granted by those who exercise the parental authority is registered by virtue of public deed or by appearance before the Chargé.
3. The emancipation by judicial grant and the benefit of the highest age are registered under judicial resolution.
4. Tacit or independent life may be registered by means of the documentary accreditation of the status of independence and the consent of those who exercise parental authority.
The granting of emancipation and emancipation for independent living, as well as the benefit of the oldest age, will not produce effects against third parties until they are registered in the Civil Registry.
Article 71. Registration of the parental authority and its modifications.
1. The facts concerning parental-subsidiary relations shall be entered in the individual register of the person subject to parental authority and in that of his or her parents or parents.
The judicial decisions that affect the ownership, the exercise and the modifications of the parental authority are inscribed. In particular, those that occur as a result of the annulment, separation and divorce of the parents.
2. It will also include the extinction, deprivation, suspension, extension and rehabilitation of the parental authority.
3. In the same way, the same shall apply to similar or similar figures to parental rights, which are governed by the rule of law of the Autonomous Communities.
Article 72. Judicial modification of the capacity and declaration of the physical person contest.
1. The judicial declaration of modification of the capacity, as well as the resolution which leaves it without effect or modifies it, shall be entered in the individual register of the affected person.
The registration of the judicial modification of the capacity shall express the extent and limits of the capacity, as well as whether the person is subject to guardianship or curatela according to the judicial decision.
2. The declaration of competition, the intervention or, where appropriate, the suspension of the powers of administration and provision, as well as the appointment of the administrators, shall be entered in the Civil Registry.
Article 73. Registration of guardianship, curatela and its modifications.
1. They shall be entered in the individual register of the person with a judicially modified capacity for the judgments in which the guardian or the curator is appointed.
In addition, the judicial measures on the guardian or administration and on the supervision or control of such tutelary charges will have access to the Civil Registry.
2. Such decisions shall only be applicable to third parties where appropriate entries have been made.
Article 74. Registration of certain legal representations.
1. The representation of the absent and the appointment of administrator by the Judge in the case provided for in Article 299 bis of the Civil Code have access to the individual register.
2. Likewise, any representation that is granted by special appointment may have access to the Civil Registry, and includes the administration and the keeping of a property.
Article 75. Registration of automatic or administrative guardianship.
It shall be entered in the individual register of the child or of the person with a modified capacity judicially in a situation of distress, the subjection to the guardianship by the public entity to which, in the respective territory, it is entrusted the protection of minors or persons with a judicially modified capacity in the terms provided for by the applicable legislation.
Article 76. Registration of acts relating to the protected heritage of persons with disabilities.
The public document or judicial decision relating to the constitution and other circumstances relating to the protected heritage and to the designation and amendment of the person with disabilities are entered in the individual register of the person with disabilities. of administrators of that heritage.
Article 77. Registration of self-protection and preventive proxies.
The public document for the constitution of self-protection and the preventive seizure provided for in the civil legislation is inscribed in the individual register of the person concerned.
Article 78. Declaration of absence and death inscriptions.
1. Court declarations of absence and death shall be entered in the individual register of the declared absent or deceased.
2. The date from which death is understood shall be expressed in the registration of the death declaration.
Inscriptions in exceptional circumstances
Article 79. Registrations in exceptional circumstances.
When it is not possible to apply the registration, birth, marriage or death shall be lifted with the requirements of the corresponding seat for the purposes of the Civil Registry. the authorities or officials indicating the Regulation.
This act shall be sufficient to provide the registration of the act or act referred to in the preceding paragraph, irrespective of the time taken from the fact and without the need to initiate a registration file. out of time.
Advertising of the Civil Registry
Log advertising tools
Article 80. Means of advertising of the Civil Registry.
1. The advertising of the data contained in the Civil Registry will be carried out in the following ways:
1. Through the access of the Administrations and civil servants, in the exercise of their functions and under their responsibility, to the data contained in the Civil Registry.
We may also have knowledge of the data contained in the Civil Registry through the special procedures to be agreed by the General Directorate of the Registers and the Notary, when the information must be provided on a regular and automated basis for the fulfilment of public purposes, or when required to check by the certification bodies regulated in Law 59/2003 of 19 December of electronic signatures, that the the termination of electronic certificates for the reasons referred to in Article 8 (1); (e) of that Law.
2. Through Certification.
2. Administrations and civil servants in the exercise of their powers may only require citizens to submit certificates from the Civil Registry when the data subject to the certificate is not held by them, or where they are impossible to obtain directly by electronic means.
3. The provisions of this Article are without prejudice to the restricted advertising scheme referred to in Articles 83 and 84 of this Law.
4. By way of exception and for the purposes of family, historical or scientific research, access to the registration information may be authorised in the terms that are regulated.
Article 81. Issue of certifications.
1. They are competent to issue certifications of the data contained in the seats of the Civil Registry of the Encarloads of the Civil Registry Offices.
2. Certifications shall be issued by electronic means. Exceptionally, they may also be issued by non-electronic means. At the request of the data subject, certifications may be bilingual.
3. The certifications provided for in the previous paragraph are presumed to be accurate and constitute proof of the facts and acts registered in the Civil Registry.
4. Where, for exceptional circumstances, the certification is not in accordance with the data contained in the Civil Registry, it shall be as appropriate, without prejudice to any liability.
Article 82. Classes of certifications.
1. The certifications may be literal or in extract. Unless otherwise expressed, certification shall be issued in extract. If there is no seat, the certification shall be negative.
2. Literal certifications shall comprise all the contents of the seat or seats to which they relate.
3. The extract certifications shall contain the data to be determined in a regulated manner.
Data subject to special protection regime
Article 83. Data with restricted advertising.
1. For the purposes of this Law, specially protected data shall be considered:
a) The adoptive and unknown parentage.
b) The changes of last name authorized to be the victim of gender-based violence or its descendant, as well as other legally authorized changes of identity.
c) The rectification of sex.
d) The causes of deprivation or suspension of parental authority.
e) The secret marriage.
2. Documents filed for the purpose of containing the points referred to in the previous paragraph or which are incorporated in files which have a reserved character shall be subject to the same protection regime.
3. Seats containing information relating to the data referred to in the preceding paragraph shall be carried out in such a way as to be determined in order to ensure that, with the exception of the registered person, only those with the authorization expressed in the following article.
Article 84. Access to seats containing specially protected data.
Only the registered or its legal representatives may access or authorize third parties to advertise the seats that contain data specially protected in the terms that they regulate.
If the registered person has passed away, the authorization to access the specially protected data can only be carried out by the Judge of First Instance of the domicile of the applicant, provided that it justifies legitimate interest and founded reason to order.
In the case of the preceding paragraph, it is presumed that the spouse of the deceased, a couple of fact, ascending and descending to the second degree, is a legitimate interest.
Article 85. Appeals against decisions taken by the Entrations of the Civil Registry Offices.
1. Against the decisions taken by the Saddles of the Central, General and Consular Offices of the Civil Registry in the field of the powers conferred by this Law, the interested parties may only appeal to the General Directorate of the Registers and the Notary, within one month.
2. In the case of refusal of registration of judgments and other foreign judicial decisions whose jurisdiction is the responsibility of the Central Office of the Civil Registry, the person concerned may only request judicial proceedings of the exequatur.
Article 86. Submission of the appeal and time limit for resolution.
1. The appeal will be directed to the General Directorate of the Registers and the Notary and will be formulated in the terms provided for in Law 30/1992, of November 26, of the Legal Regime of the Public Administrations and of the Administrative Procedure Common.
The interested party may present the appeal in any of the places provided for the submission of written and applications making use of the means provided for in the legal order.
2. The Directorate-General shall decide on the appeal within six months of receipt of the letter of interposition.
After this period without the General Directorate of the Registers and the Notary having issued and notified express resolution, the claim shall be deemed to be dismissed, and the corresponding court shall be issued.
Article 87. Court of jurisdiction.
1. Decisions and acts of the Directorate-General for Records and Notaries may be challenged before the Court of First Instance of the capital of the province of the appellant's domicile, in accordance with the provisions of Article 781 (a) of the Treaty. Law 1/2000, of 7 January, of Civil Procedure. In these processes, the General Directorate will be placed through its procedural representation.
2. The decisions and acts of the Directorate-General for Records and Notaries relating to the application for nationality by residence, which are submitted to the Commission pursuant to Article 22 (5) of the Civil Code, are exempted from the preceding number. administrative-administrative jurisdiction.
3. The Directorate-General of the Registers and the Notary may challenge before the Court of First Instance competent the decisions taken by the Saddled of the Offices for being the same contrary to the doctrine established by the Center Manager. The stakeholders will be deployed in these processes.
The registration procedures
General rules for registration procedures
Article 88. Processing of the registration procedures.
1. The registration procedures shall be processed and resolved by the Office of the Civil Registry of the Office where the seat is intended. The procedures for the rectification of seats shall be carried out by the Charge of the Office which has practised them.
2. The processing of the procedure shall be in accordance with the rules laid down in Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure in the terms that are regulated. The administrative silence in the registration procedures will be negative.
Article 89. Legitimization to promote the registration procedures.
In addition to the Fiscal Ministry, they can promote the registration procedures who are required to promote registration and any person who has an interest in the seats.
Rectification of Civil Registry Seats
Article 90. Judicial rectification of the seats.
The seats are under the protection of the Courts and their rectification will be effected by virtue of a firm judicial decision in accordance with the provisions of article 781 bis of Law 1/2000, of January 7, of Impeachment Civil.
Article 91. Rectification of seats by registration procedure.
1. Notwithstanding the provisions of the previous article, they can be rectified through a registration procedure:
a) The misstatements of the data to be entered in the enrollment.
b) Errors that come from a public or ecclesiastical document subsequently rectified.
(c) The differences between the registration and the documents in respect of which it has been practised.
2. The name and sex of the persons when the requirements of Article 4 of Law 3/2007 of 15 March, regulating the registration of the sex of persons are complied with, shall be rectified by means of registration procedure. In such cases, the registration will have constitutive effectiveness.
Statements with simple presumption value
Article 92. Statements with a simple presumption value.
1. Prior registration procedure, can be declared with simple presumption value:
a) That has not occurred determined that might affect the marital status.
b) Nationality, civil neighbourliness or any state, if not recorded in the Civil Registry.
c) The domicile of the stateless persons.
d) The existence of the facts as long as the access to information contained in the Civil Registry is impossible.
e) The marriage whose celebration is recorded and which cannot be registered for not having duly accredited the requirements for its validity by the Civil Code.
2. The accreditation of the circumstances referred to in the preceding paragraph shall be carried out on the terms which are determined.
Article 93. Character, annotation and publicity of statements with the value of simple presumption.
1. Statements with a simple presumption value are considered to be a legal presumption iuris tantalum.
2. The statement of the declarations is mandatory and shall specify the date to which they relate.
3. The testimony, verbatim or in extract, of the statements shall always express its value of simple presumption.
The advertising of the annotations and statements is subject to the same restrictions as this Law provides for the registration.
Rules of Private International Law
Article 94. The primacy of conventional law and the European Union.
The rules of this Title shall apply without prejudice to the provisions of European Union law and international treaties and instruments in force in Spain.
Article 95. Translation and legalization.
1. Documents not drawn up in one of the official languages of Spain or written in old or unintelligible letters shall be accompanied by translation by the competent authority or official. However, if the content of the document is recorded by the Registry Officer, the translation may be dispensed with.
2. Any document issued by an official or foreign authority shall be submitted with the appropriate legalisation. However, the documents whose authenticity will be found in the Register and those who arrive by official or due diligence are exempted from legalisation.
3. The Officer who doubts the authenticity of a document, will perform the appropriate checks in the shortest time possible.
Article 96. Foreign court rulings.
1. Only the Spanish Civil Registry of the judgments and other foreign judicial decisions that have acquired firmness will proceed. In the case of decisions of voluntary jurisdiction, they must be final. In the event that the decision is not final or final, it shall only be recorded in the terms provided for in Article 40 (3) (3) of this Law.
2. The registration of foreign court decisions may be called:
1. Prior to overcoming the procedure of the exequatur referred to in the Civil Procedure Act of 1881. Until then, they may only be the subject of entry in the terms provided for in Article 40 (3) (3) of this Law.
2. º Ante el Enladen del Registro Civil, who will proceed to perform it whenever you verify:
a) The regularity and formal authenticity of the documents presented.
(b) The Court of origin would have based its international jurisdiction on criteria equivalent to those laid down in Spanish law.
c) That all parties were duly notified and with sufficient time to prepare the procedure.
d) That the registration of the resolution is not manifestly incompatible with the Spanish public order.
The Civil Registry Officer shall notify all interested parties and affected by it of their decision. Against the resolution of the Encharged of the Civil Registry the interested and the affected will be able to request exequatur of the judicial resolution or to institute proceedings before the General Direction of the Registers and the Notary in the terms provided for in this Law. In both cases, the decision shall be taken in accordance with the terms laid down in Article 40 (3), in accordance with Article 40 (3), if it is expressly requested.
3. The legal system referred to in this Article for foreign judicial decisions shall apply to decisions taken by foreign non-judicial authorities in matters falling within the jurisdiction of the courts. Spanish, to the knowledge of Judges and Courts.
Article 97. Extra-judicial foreign document.
A non-judicial foreign public document is a title to register the fact or act that it gives faith as long as it meets the following requirements:
1. The document has been granted by a foreign competent authority under the law of its State.
2. º The foreign authority has intervened in the preparation of the document by developing functions equivalent to those carried out by the Spanish authorities in the matter in question.
3. º That the fact or act contained in the document is valid according to the order designated by the Spanish rules of private international law.
4. º that the registration of the foreign document is not manifestly incompatible with the Spanish public order.
Article 98. Certification of extended seats in Foreign Records.
1. The certification of seats extended in Foreign Records is a title for registration in the Spanish Civil Registry provided that the following requirements are verified:
(a) that the certification has been issued by a foreign competent authority in accordance with the law of its State.
b) That the foreign registry of origin has, as to the facts of which it gives faith, analogous guarantees to those required for the registration by the Spanish law.
c) That the fact or act contained in the foreign registration certificate is valid in accordance with the law designated by the Spanish rules of private international law.
d) That the registration of the foreign registration certificate is not manifestly incompatible with the Spanish public order.
2. In the event that the certification is a mere reflection of a prior judicial decision, this shall be the title that has access to the Registry. To that end, the judicial decision shall be recognised in accordance with any of the procedures referred to in Article 96 of this Law.
3. Data and circumstances which cannot be obtained directly from foreign certification, for not containing them or for formal defects affecting the authenticity or the reality of the authenticity, shall be supplemented by appropriate legal or conventional means. the facts they incorporate.
Article 99. Statement of knowledge or will.
1. Acts and acts which affect the civil status of persons and whose access to the Civil Registry is carried out by means of a declaration of knowledge or will, shall conform to their applicable law, determined in accordance with the rules Spanish private international law.
2. Without prejudice to the above number, access to the Register of facts and acts relating to the status of persons through a declaration of knowledge or will shall be carried out in the cases, forms, procedures and modalities. established in this Law.
Article 100. Accreditation of the content and validity of the law applicable to acts and acts relating to civil status.
1. The content and validity of the foreign law in relation to the adequacy of a fact or act, the observance of foreign forms and solemnities and the legal aptitude and capacity necessary for the act, may be credited, among other means, by means of the assertion or report of a Spanish Notary or Consul, or of a Diplomat, Consul or competent authority of the country whose legislation is applicable.
The Registry Officer may dispense with such means when he is sufficiently aware of the foreign legislation in question.
2. The lack of accreditation of the content and validity of the foreign order will result in the refusal of registration.
Additional disposition first. Location and allocation of the General Offices of the Civil Registry.
The Ministry of Justice and the Autonomous Communities with executive powers in the field shall set, in their respective territorial areas, the location of the General Offices of the Civil Registry and determine, by means of The Relations of Jobs, the necessary personnel allocations.
Additional provision second. Legal status of the Entralloads of the Central Office of the Civil Registry and the General Offices of the Civil Registry.
1. In the form and with the requirements to be determined, the places of the Encharged of the Civil Registry will be provided among career officials of Subgroup A1 who have the Bachelor of Law or the university degree that the replace and between judicial secretaries. The call for and the resolution of the competitions to provide the seats of the General Offices of the Civil Registry will correspond, in their respective territorial areas, to the Ministry of Justice and the Autonomous Communities with executive powers in the field.
The Civil Registry Officer shall receive the specific training determined by the Ministry of Justice.
2. The legal regime applicable to those charged with the Civil Registry will in any case be that provided for in Law 7/2007, of 12 April, of the Basic Staff Regulations, and in its implementing rules.
Failure to comply with or failure to comply with the instructions, resolutions and circulars of the Directorate-General for Records and Notaries shall be deemed to be very serious in accordance with the provisions of paragraph 2 (i). Article 95 of that Statute.
The substitution regime for the Entrates will be regulated regulatively.
It will be up to the Ministry of Justice and the Autonomous Communities with executive powers in the matter, in their respective territorial areas, the appointment of the Encharged of the General Offices of the Civil Registry. Interim and substitute.
Additional provision third. Cases of nationality by residence.
Applications for acquisition of Spanish nationality by residence will be initiated and processed by the organs of the General Administration of the State to be determined by the Government through Royal Decree.
Additional provision fourth. Record of the deaths after six months of gestation in the Civil Registry.
Figure in a file of the Civil Registry, without legal effects, the deaths that occur after the six months of gestation and do not meet the conditions provided for in Article 30 of the Civil Code, The parents can give a name.
This file will be submitted to the restricted advertising regime.
Additional provision fifth. Submission of application and documentation to the Peace Courts.
Citizens will be able to file the application and documentation necessary for the proceedings before the Civil Registry in the Peace Courts.
Additional provision sixth. Uniformity of computer systems and applications in the Civil Registry Offices.
All Civil Registry Offices will use the same computer systems and applications. The Ministry of Justice will provide, both in its development and in its exploitation, the set of applications that support the activity of the operational processes that are dealt with in the Civil Registry.
The Ministry of Justice and the Autonomous Communities with executive powers in the field will establish the coordination mechanisms necessary to provide the services of access to the systems of the Civil Registry, support microcomputing, training and care for users.
Additional provision seventh. Making national and foreign personal identification data available.
For the proper elaboration of the personal code mentioned in article 6 of this Law, as well as for its use in the computer applications in which it is necessary, the Ministry of the Interior will make available to the Ministry of Justice the respective alphanumeric sequences that attribute the current computer system for the national identity document and the identification number of foreigners, as well as the other personal data identifying that consist of the databases of both documents.
Similarly, the Ministry of Justice will make available to the Ministry of the Interior the personal identification data entered in the Civil Registry that must be stated in the national identity document or the identification of foreigners.
Additional disposition octave. Death enrollment of missing persons during the civil war and dictatorship.
The registration file, resolved favorably, will be sufficient title to practice the registration of the death of the missing persons during the Civil War and the political repression immediately after, provided that, of the evidence provided, may reasonably be inferred from his death, even if they are not immediate to him. The assessment of the evidence shall in particular take into account the elapsed time, the circumstances of danger and the existence of evidence of persecution or violence.
First transient disposition. Procedures for the entry into force of this Law.
The procedures and files initiated prior to the entry into force of this Law shall be applicable to the Law of 8 June 1957, of the Civil Registry, and the provisions laid down in its development.
Second transient disposition. Individual records.
The government will adopt the necessary regulatory provisions for the incorporation of digitized data since 1950, which is based on the data from the Civil Registry to individual records.
Transitional provision third. Family Books.
From the date of entry into force of this Law no more Family Books will be issued.
Family Books issued prior to the entry into force of this Law shall continue to have the effects provided for in Articles 8 and 75 of the Civil Registry Act of 8 June 1957 and shall be followed. by making the seats provided for in Articles 36 to 40 of the Regulation of the Civil Registry Act adopted by Decree of 14 November 1958.
Transitional disposition fourth. Seating extension and practice.
Those in charge of the Civil Registry Offices shall practice in the corresponding books and sections the seats relating to births, marriages, deaths, tutoring and legal representations, provided that the books referred to are not digitised.
Transient disposition fifth. Formal advertising of the non-digitised Civil Registry.
1. Formal advertising of data incorporated in non-digitised books will continue to be governed by the provisions of the Civil Registry Act of 8 June 1957.
2. In these cases, the provisions of Article 37 of this Law shall not apply in respect of the use of official languages.
Transitional disposition sixth. Historical value of the books and documents that work in the archives of the Civil Registry.
The books and documents that to the date of the entry into force of this Law in the archives of the Civil Registry will be considered documentary patrimony with historical value in the terms provided by Law 16/1985, of June 25, of the Spanish Historical Heritage, and therefore cannot be destroyed.
Transitional disposition seventh. Consular Offices of Civil Registry.
The provisions of this Law will apply to the Consular Offices of the Civil Registry on the basis of the available computer systems, electronic channels and operating conditions.
Transient disposition octave. Transitional arrangements for staff at the service of the Administration of Justice in the Civil Registry.
Until the posts of the General Offices of the Civil Registry are provided in accordance with the Relations of Jobs approved by each competent administration, the official staff at the service of the Administration of Justice which, at the time of the entry into force of this Law, is providing services with final destination in the Unic Civil Records, where there are any, or has assigned registration functions in the offices judicial authorities with civil registry functions, may continue to develop their respective roles and receiving all of their remuneration.
The staff referred to in the preceding paragraph may choose to participate in the call for the provision of posts by the General Offices of the Civil Registry, in which they shall have the right to apply one time only, within the territorial scope of the convening body, to obtain final destination. As long as they remain in these Offices of the Civil Registry, they will be in the situation of active duty as provided for in Article 507 of the Organic Law 6/1985, of July 1, of the Judicial Branch, and in article 88.3 of Law 7/2007, of 12 of April, of the Basic Staff Regulations, and shall receive the basic remuneration corresponding to their Body and the additional allowances assigned in the Employment Relations Relationship.
Officials who do not obtain a destination in the General Offices of the Civil Registry, by means of a process of reordering of personnel will be assigned to the vacancies of the judicial organs or in their fiscal case, within the same location. In the case of not having sufficient vacant places, the modification of the templates or in their case of the Relations of Jobs will be carried out.
The staff who obtain final destination in the calls for the provision of the posts of the General Offices of the Civil Registry shall be subject to the statutory regime of the public administration in which it provides services.
transient disposition ninth. Application of the fourth additional provision.
The provisions of the fourth additional provision shall apply to all the functions which have occurred prior to its entry into force, provided that the parents so request within two years of their entry into force. publication in the "Official State Gazette".
Transient disposition tenth. Transitional arrangements for the Exclusive Civil Records and the Entrants of the Central Civil Registry.
By Royal Decree, prior to the General Council of the Judiciary and after hearing of the Autonomous Communities concerned, the current Exclusive Civil Registers will be transformed into Courts of First Instance within the of the same venue. The persons responsible for these exclusive civil records and the judicial secretaries assigned to them shall, respectively, occupy the positions of the magistrate and the judicial secretary of those Courts of First Instance.
Also through Royal Decree, prior to the General Council of the Judicial Branch, the seats of the current Entralloads of the Central Civil Registry will be abolished, creating, in the same number of deleted squares, places of Magistrate of the Provincial Court of Madrid. Those in charge will be placed at the disposal of the President of the High Court of Justice in Madrid. As long as they remain in this situation, they shall provide their services to the posts determined by the Chamber of Government and shall be assigned to the first vacancy at the Madrid Provincial Court. The judicial secretaries currently assigned to the Central Civil Registry shall be provisionally attached to the Secretary of Government of the Superior Court of Justice of Madrid in accordance with the terms laid down in the Organic Regulation. of the Body of Judicial Secretaries, being destined for the first vacancy to be produced in the Provincial Court of Madrid.
Repeal provision. Law of 8 June 1957 of the Civil Registry, Law 38/1998 of 28 December, of Plant and Demarcation Judicial and Civil Code.
As many rules are repealed, they are contrary to the provisions of this Law and, in particular, the following:
1. Act of 8 June 1957, of the Civil Registry, except as provided for in the third, fourth and fifth transitional provisions of this Law.
2. No. 1 and 2 of Article 27 of Law 38/1998, of December 28, of Plant and Judicial Demarcation.
3. ª Articles 325 to 332 of the Civil Code.
Final disposition first. Extra duty.
In all the non-foreseen in relation to the administrative processing of the files regulated in this Law, Law 30/1992, of 26 November, of the Legal Regime of the Public and the Public Administrations will be applied. Common Administrative Procedure.
Final disposition second. References to the Encarloads of the Civil Registry and the Mayors.
1. References in any standard referred to Judges or Magistrates in charge of the Civil Registry shall be construed as references to the Charge of the Civil Registry, in accordance with the provisions of this Law.
2. References in any rule to the Judge, Mayor or official who may be competent to authorize marriage, should be understood as referring to the Mayor or Councilmember in whom the latter delegate.
Final disposition third. Reform of the Civil Code.
Article 30 of the Civil Code is amended, which is worded as follows:
" Article 30.
The personality is acquired at the moment of birth with life, once the entire detachment of the maternal breast has been produced. "
Final disposition fourth. Reform of Law 1/2000, of January 7, of Civil Procedure.
A new paragraph 17. of Article 52 (1) is added, the heading of Chapter V of Title I of book IV is amended and a new Article 781 bis is added to Law 1/2000 of 7 January of Civil Procedure in the following terms:
One. A new paragraph 17. of Article 52 (1) is added with the following wording:
" 17. In proceedings against resolutions and acts that the Directorate-General of the Registers and Notarized in the field of Civil Registry, with the exception of applications of nationality by residence, will be competent the Court of First Instance of the provincial capital of the home of the appellant. '
Two. The heading of Chapter V of Title I of book IV is amended, as follows:
" From the opposition to administrative resolutions on child protection, the procedure for determining the need for assent in the adoption and the opposition to certain resolutions and acts of the Directorate-General of the Registers and Notaries in the field of Civil Registry. "
Three. A new Article 781a is added with the following wording:
" Article 781 bis. Opposition to the resolutions and acts of the General Directorate of Records and Notaries in the field of Civil Registry.
1. The opposition to the decisions of the Directorate-General for Records and Notaries in the field of Civil Registry, with the exception of those issued in matters of nationality by residence, may be formulated within two months of its notification, without the need for the prior administrative claim formulation.
2. Those who intend to oppose the resolutions shall submit an initial document in which they shall express their claim and the resolution to which they object.
3. The Registrar shall request the General Directorate of the Records and the Notary to give full testimony to the file, which shall be provided within twenty days.
4. Having received the testimony of the administrative file, the Registrar shall place the actor for 20 days to present the application, which shall be dealt with in accordance with Article 753. '
Final disposition fifth. Municipal fees.
A paragraph 5 is added to Article 20 of the recast text of the Local Law Regulatory Law, approved by Royal Legislative Decree of March 5, with the following wording:
" 5. The City Councils may establish a fee for the instruction and processing of the matrimonial files in civil form and for the holding of such cases. "
Final disposition sixth. Acquisition of Spanish nationality by the grandchildren of exiles during the civil war and dictatorship.
The right of option provided for in the seventh additional provision of Law 52/2007 of 26 December 2007 recognizing and extending rights and establishing measures in favour of those who suffered persecution or violence during the civil war and the dictatorship, may also be exercised by the grandchildren of the Spanish exiles who retained the Spanish nationality after having married a foreigner after 5 August 1954, date of entry into force of the Law of 15 July 1954, provided that they do not transmit Spanish nationality to their children, follow these from the parent, and formalise their declaration in such a way within one year of the entry into force of this provision.
Final disposition seventh. Executive powers of the Autonomous Communities in the field of Civil Registry.
It will be up to the Autonomous Communities to exercise the executive powers in matters relating to the Civil Registry in accordance with its Statute of Autonomy and the Laws.
Final disposition octave. Competence title.
This Law is dictated by the article 149.1.8. of the Spanish Constitution, with the exception of the fourth final provision, which does so on the basis of Article 149.1.6. of the Spanish Constitution, which it attributes to the State exclusive competence to issue procedural law.
Final disposition ninth. Regulatory development.
The Government is empowered to dictate how many implementing and implementing provisions of this Law are necessary.
Final disposition tenth. Entry into force.
This Law shall enter into force three years after its publication in the "Official Gazette of the State", with the exception of the seventh and eighth additional provisions and the third and sixth final provisions, which shall enter into force on the day following that of its publication in the "Official State Gazette".
Until the entry into force of this Law, the Ministry of Justice shall adopt the necessary measures and regulatory changes affecting the organization and functioning of the Civil Records within the process of modernization of Justice.
I command all Spaniards, individuals and authorities, to keep and keep this law.
Madrid, 21 July 2011.
JOHN CARLOS R.
The President of the Government,
JOSE LUIS RODRIGUEZ ZAPATERO