Law 1/2000, Of 7 January, Code Of Civil Procedure.

Original Language Title: Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil.

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TEXT

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.

EXPLANATORY STATEMENT

I

The right of all to an effective judicial remedy, expressed in the first paragraph of Article 24 of the Constitution, coincides with the desire and social necessity of a new civil justice, characterized by the effectiveness.

Effective civil justice means, for the sake of the concept of Justice, full procedural guarantees. But it has to mean, at the same time, a more prompt judicial response, much closer in time to the demands of guardianship, and with greater capacity for real transformation of things. It means, therefore, a set of instruments aimed at achieving a shortening of the time needed for a definitive determination of the legal basis in individual cases, i.e. judgments less distant from the beginning of the process, More affordable and more effective prudential enforcement, less burdensome enforcement for those who need to promote it, and more likely to be successful in the real satisfaction of legitimate rights and interests.

Neither the nature of civil or commercial credit nor the personal and family situations that it is incumbent upon to resolve in civil proceedings justify a period of years until the achievement of an effective resolution, with the capacity to produce real transformations in the lives of those who have needed to go to civil courts.

The effectiveness of civil judicial protection must bring justice to justice, which is not about improving the image of justice, to make it appear more accessible, but to structure the judicial system. judicial work in such a way that each case has to be better followed and known by the court, both in its initial approach and for the eventual need to purge the existence of the obices and lack of procedural budgets-nothing more ineffective that a process with absolute judgment of the instance-, as in the determination of the truly in the practice and assessment of the test, with orality, publicity and inmediation. Thus, the reality of the process will dissolve the image of a distant justice, apparently at the end of excessive and dilated procedures, in which it is difficult to perceive the interest and effort of the Courts and Courts and those who integrate.

Effective civil justice means, in short, better sentences, which, within our system of sources of law, constitute strong references for the future and thus contribute to the avoidance of disputes and to the strengthening of equality before the courts. law, without merit of the freedom of prosecution and of the necessary changes and jurisprudential changes.

This new Law of Civil Procedure is inspired and directed in its entirety to the interest of the Justiciables, which is as much as to say to the interest of all the legal subjects and, therefore, of the entire society. Without ignoring the experience, the points of view and the proposals of all the professionals involved in civil justice, this Law looks, however, above all and above all, to those who demand or can demand judicial protection, in truth effective, for their legitimate rights and interests.

II

With all of its provisions aimed at these purposes, this new Civil Procedure Law aligns with the universally considered most reasonable reform trends and with the most successful experiences in the field. the achievement of a judicial remedy that is only fair, that is to say, what is necessary for the unavoidable procedural confrontation, with the precise actions to prepare the sentence, guaranteeing its success.

They are no longer accepted in the world, because of the indedness of their legal bases and their real failures, simplistic formulas for the renewal of civil justice, inspired by a few elements understood as panaceas. It has already been noted, for example, that positive change does not result in a concentration at the level of procedural acts, applied to any type of case. A substantial alteration of the roles attributable to the protagonists of civil justice is also not considered advisable or effective.

The poor results of the mimetic reforms, based on the transplantation of procedural institutes belonging to different legal models, are also known. The identity or similarity of names between courts or between procedural instruments does not constitute a reasonable and sufficient basis for such mimicry. And even less reasonable is the impulse, of ordinary unconscious, to replace in block the own Justice for that of other countries or geographical and cultural areas. Such a substitution is, of course, impossible, but the mere influence of this impulse is very disturbing for the legal reforms: new and more serious problems are generated, without any appreciable improvements being proposed and achieved.

The positive use of external institutions and experiences requires that some and others be well known and understood, which means knowledge and understanding of the entire model or system in which they are integrated, of their inspiring principles, their historical roots, the various budgets of their functioning, starting with humans, and their real advantages and disadvantages.

This Law on Civil Procedure has been drafted rejecting, as a method of change, the importation and inconnection of isolated parts, which inexorably leads to the absence of a coherent model or system, mixing disturbingly opposite or contradictory models. The Law configures a new civil justice to the extent that, from our present reality, it has, not by isolated words and precepts, but with fully articulated and coherent regulations, the innovations and substantial changes, referred to, for the effectiveness, with full guarantees, of the guardianship that is entrusted to the Civil Jurisdiction.

In the drafting of a new civil and common procedural law, it is not possible to worry about the success of sentences and resolutions and to face the reform with a rejected quantitative and statistical reductionism, only concerned that the issues are resolved, and resolved in the shortest possible time. Because it is necessary for effective judicial protection to be effective and because it is possible to achieve it without any guarantee, this law drastically reduces procedures and resources, but, as has already been said, it is reasonable to predict how logical and justified manifestation of the contest between the parties and so that, at the same time, the procedural moment of the sentence is duly prepared.

III

With a historical and cultural perspective, the incalculable value of the Law of Civil Procedure, of 1881, must be recognized. But with that same perspective, which includes the sense of reality, it must be recognized, not already the exhaustion of the method of partial reforms to improve the imparting of justice in the civil judicial order, but the necessity of a law new to ensure that, with radical innovation, the approaches expressed in the previous paragraphs are received and vertebrate.

The legal experience of more than a century must be exploited, but a new civil procedural code is needed, which will overcome the situation arising from the long-standing complexity of the old law and its countless retouches and Extravagant provisions. It is necessary, above all, for a new law to deal with and respond to numerous problems of impossible or very difficult resolution with the law of the last century. But above all, a new Civil Procedure Law is necessary, which, respecting principles, rules and criteria of perennial value, accepted in the civil procedural laws of other countries of our same cultural area, express and materialize, with authenticity, the profound change of mentality that implies the commitment to the effectiveness of judicial protection, also in jurisdictional orders other than the civil, since this new law is called to be an extra and common procedural law.

The social transformations postulate and, at the same time, allow for a complete procedural renewal that overflows the content of one or several partial reforms. Over many years, the judicial protection of new legal-material areas has, not always with full justification, given rise to special procedural rules in modern substantive laws. But society and legal professionals are calling for a change and simplification of a general nature, not to be carried out on the back of reality, often more complex than in the past, but to provide new channels for dealing with the problem. appropriately that complexity. Authoritative testimony to the conviction about the need for this renewal are the numerous official and private works for a new Law on Civil Procedure, which have occurred in recent decades.

With a sense of the State, which is a clear conscience of the due disinterested service to society, this Law has not dispensed with, but quite the contrary, those works. The countless precepts of the Law of 1881, the enormous jurisprudence and doctrine generated by it, the many reports and suggestions received from various organs and entities, as well as professionals and prestigious experts, have been elements of great value and interest, also carefully considered in order to elaborate this Law of Civil Procedure. Likewise, the mandatory report of the General Council of the Judicial Branch and the request to the State Council have been examined with great attention and usefulness. It should therefore be stated that the drafting of this Law has been characterized, as is desirable and desirable, by an exceptionally wide and intense participation of institutions and qualified persons.

IV

In this Law, both the prolijity and the schematism, which are the same as some foreign procedural laws, are being rerun, but alien to our tradition and to an elementary detail in the procedural regulation, which the recipients of this kind of Codes have been considered preferable, as more according to their certera and sure application. Thus, without falling into regulatory excesses, which, by wanting to foresee any impact, end up raising more problematic issues than those which they resolve, this Law deals with numerous matters and matters on which little or nothing the Law of 1881.

By filling these gaps, this law certainly increases its content, but it does not become more extensive-or more complicated, but more complete. It is the responsibility of the legislator not to leave without a clear answer, a layer of false simplicity, the real problems, which a long experience has been highlighting.

There is nothing new, in the matter of this Law, that does not mean answers to questions with legal relevance, which for more than a century, the jurisprudence and the doctrine have had to address without clear legal guidance. It has seemed to be unacceptable to seek an appearance of legislative simplicity based on omissions, to close our eyes to the complexity of reality and to deny it, simply and simply, in the form of normative solutions.

The real procedural simplification takes place with the elimination of reiterations, the underhealing of regulatory inadequacies and with a new management of the declarative processes, the resources, the forced execution and of the precautionary measures, which seeks to be clear, simple and complete according to the reality of the disputes and the rights, powers, duties and charges that correspond to the courts, to the Justiciables and to those who, in one way or another, have to collaborate with civil justice.

In another order of things, the Law seeks to use a language that, in accordance with the unavoidable requirements of the legal technique, is more affordable for any citizen, with the elimination of obsolete or difficult expressions today. to understand and more closely linked to ancient forensic uses than to those requirements. It eludes, however, to the appearance of doctrinal and, therefore, it is not considered inconvenient, but quite the opposite, to maintain expressive diversities for the same realities, when such a phenomenon has been received so much in the common language as in the legal. Thus, for example, the terms "judgment" and "process" are still used as synonyms and in some cases the words "pretence" or "pretenses" and, in others, the "action" or "actions" as appeared in the Law of 1881 and in the case-law are used. and later doctrine, for more than a century, without this causing any problem.

All possible internal referrals are reduced, especially those that do not indicate the precept or precepts to which you refer. The criterion of division of the articles is welcomed, as long as it is necessary, in numbered paragraphs and it is sought that these make sense for themselves, unlike the simple paragraphs, which have to be understood inter-related. And without incurring any exaggerations of accuracy, it is decided to refer to the court with the term "court", which, properly speaking, says nothing of the unipersonal or collegial character of the organ. With this option, in addition to avoiding a constant reiteration, in not a few articles, of the expression "Courts and Courts", it is taken into account that, according to the organic legislation, the first instance of the first instance of the certain civil processes.

V

As to its general content, this Law is configured with exclusion from the subject matter of the so-called voluntary jurisdiction, which, as in other countries, seems to be preferable to regulate in different law, where the provisions on a conciliation which has ceased to be mandatory and on the declaration of heirs without judicial jurisdiction. It is also done in line with the already adopted criterion of a specific law dealing with insolvency law. The corresponding provisions of the Civil Procedure Act of 1881 shall remain in force only until the approval and validity of these laws.

In agreement with previous initiatives, the new Law on Civil Procedure also aims to be a common procedural law, for which, at the same time, it is intended that the current Organic Law of the Judicial Branch, of 1985, circumscribe its (a) the content of the provisions of Article 122 (1) of the Constitution, as referred to in the first paragraph of Article 122 of the Constitution. The reference in this precept to the "functioning" of the Courts and Courts cannot be understood, and has never been understood, neither by the post-constitutional legislator nor by the jurisprudence and the doctrine, as a reference to the procedural rules, which, in change, are expressly mentioned in other constitutional precepts.

Thus, there is no impediment and there are plenty of reasons why the Organic Law of the Judicial Branch should be detached from procedural rules, not few of them, but not properly situated and producing numerous doubts. co-exist with those that contain the Laws of Prosecution. As is logical, this Law benefits from the positive that could be found in the procedural regulation of 1985.

Special mention deserves the decision that in this Law, the institute of abstention and recusal should be regulated in its strictly procedural aspect. This is a matter, with undeniable different facets, of which the procedural laws were dealt with, but which was regulated, with a new relationship of causes of abstention and recusal, in the Organic Law of the Judiciary, of 1985. However, the formal subsistence of the provisions on this subject in the various procedural laws gave rise to some problems and, on the other hand, the 1985 regulation could be improved and, in fact, improved in part by the work of the Organic Law. 5/1997, dated 4 December.

This Law is an occasion for the completion of this improvement, dealing with the problem of the reckless recusal or with the simple encouragement of delay or immediate replacement of the challenged Judge or Magistrate. In this sense, the extemporaneity of recusal is more precisely regulated, as a reason for inadmission to processing, and the initial procedures are streamlined and simplified in order to produce the least possible procedural alteration. Finally, an important fine is provided for the challenges that, when resolved, are proposed in bad faith.

VI

The new Law on Civil Procedure continues to be based on the principle of justice rogated or principle of the device, from which all its reasonable consequences are extracted, with the view, not only in that, as a rule, the They seek the protection of legitimate rights and interests of certain legal subjects, to which the procedural initiative and the configuration of the subject matter of the proceedings are concerned, but in which the procedural charges attributed to them and their diligence to obtain the judicial protection that they ask, they can and must configure reasonably the work of the court, for the benefit of all.

Ordinary, the civil process responds to the initiative of those who consider a judicial remedy necessary according to their legitimate rights and interests. According to the abovementioned procedural principle, it is not reasonable for the court to investigate and verify the veracity of the facts alleged as configurators of a case which is intended to require a guardianship response in accordance with the Right. Nor is the court charged with the duty and responsibility of deciding which guardianship, among all possible, may be the one that corresponds to the case. It is to those who believe they need guardianship to whom the burdens of asking them are attributed, to determine it with sufficient precision, to allege and to prove the facts and to adduce the legal bases corresponding to the pretensions of that protection. It is precisely in order to deal with these burdens without defensiveness and with due guarantees, that the parties are imposed, except in cases of singular simplicity, to be assisted by a lawyer.

This fundamental inspiration for the process-except in cases where a public interest is predominant which requires satisfaction-is not, at all, an obstacle to the application of the law by the court, as is the case in this Law. knows within the limits marked by the legal facet of the cause of asking. And even less is the repeated principle of no disadvantage that the law significantly strengthens the coercive powers of the courts with regard to the enforcement of their decisions or to sanction procedural conduct manifestly contrary to the achievement of effective protection. On the contrary, it is a question of harmonious provisions with the role entrusted to the parties, to which it is necessary to take seriously the burdens and responsibilities inherent in the process, without harming the other subjects of this and the functioning of the Administration of Justice.

VII

In the field of general provisions, the Law introduces numerous innovations with three main purposes: to regulate in a more complete and rational way matters and diverse issues, so far lacking in legal regulation; to seek better development of procedural actions; and to strengthen the right to be assured in the judgment.

To all the general provisions on jurisdiction and jurisdiction, the subjects of the process, their actions and actions, the judicial decisions, the resources, etc., grants the Law the importance they deserve, in order to they are really applicable in the different stages of the process, without the need to reiterate whole rules and regulations.

As for the parties, the Law contains new precepts that regulate this matter more fully and with more order and clarity, overcoming, for procedural purposes, the dualism of natural and legal persons and with improvement of other aspects, relating to procedural succession, to the legal and legal intervention and to the intervention caused. Moreover, the role and responsibility of the litigants is more precisely in order to regulate in an express and unitary way the acts of disposition (renunciation, search and withdrawal and transaction), as well as, in its most appropriate headquarters, the burden of the argument and the test. The rules on these matters make explicit what is a peaceful conquest of jurisprudence and legal science and do not matter little for the outcome of the process through a just sentence.

With regard to the parties, although it is in fact largely beyond recognition and procedural treatment, it seems appropriate to give reason for the way in which this Law deals with the reality of the protection of legal interests. collective, brought to the process, not already by whom it has been directly injured and for their individual protection, or by groups of affected, but by legal persons constituted and legally empowered to defend those interests.

This reality, mentioned by reference to consumers and users, receives in this Law a tax and instrumental response to what they have and can have in the future the substantive rules about the point, This is a controversial and difficult one, of the concrete tutelage that, through the mentioned entities, wants to grant to the rights and interests of the consumers and users as collectivities. As a channel for this protection, a special process or procedure is not considered necessary and, on the other hand, a series of special rules, in the appropriate places.

On the one hand, the procedural performance of legal persons and groups is made possible without difficulty in terms of their personality, capacity and procedural representation. And, on the other hand, following a provision for the singular legitimation of such entities, the Law includes, in the appropriate places, other precepts on appeal to the process of those who, without being plaintiffs, may be directly interested in to intervene, on the accumulation of actions and processes and on the sentence and its enforced execution.

The extent of the procedural intervention provided for in general allows for the disposal of a mandatory initial accumulation of claims, with the delay that it would require in the substantiation of the proceedings, a delay that would prevent, with a lot of frequency, the effectiveness of the intended guardianship. With regard to the subjective effectiveness of judgments, the diversity of cases of protection imposes an erroneous generalizing rule. It is therefore available that the court will indicate the effectiveness that corresponds to the judgment according to its content and according to the protection granted by the current substantive law protecting the rights and interests at stake. In this way, the Law does not provide procedural instruments strictly limited to the current forecasts of collective protection of consumers and users, but is open to changes and changes as in the substantive laws may be produced in respect of such protection.

Finally, it is chosen not to require prior or regular caution in order to pay the costs of the proceedings to which reference is being made. As for the gratuitousness of legal aid, it is not the Law of Civil Procedure that is the appropriate rule to decide which entities, and in which cases, it has to be recognized or granted.

The obligation to represent by attorney and the mandatory legal assistance are set out in this Law without substantial variation in respect of the foregoing provisions. The experience, endorsed by unanimous reports at this point, guarantees the right of this decision. However, this Law does not fail to meet the requirements of rationalisation: the requirement of a sufficient number of powers has been removed for a long time, and the material scope in which representation is made is unificant. Attorney general and attorney's assistance are necessary. The responsibilities of procuratorate and advocacy are emphasized in the new procedural system, so that the justification of their respective functions is emphasized.

With regard to jurisdiction and jurisdiction, the Law regulates the decline as a single instrument for the control, at the request of a party, of those procedural budgets, determining that this instrument should be used before the response to the lawsuit.

Thus, there is an end, on the one hand, to legal loopholes affecting the so-called "international competition (or incompetence)" and, on the other, to a disorderly and inharmonious regulation, in which they are declining, inhibiting and exception were mixed and frequently confused, with the undesirable result, in not a few cases, of absolute judgments of the instance due to lack of jurisdiction or jurisdiction, handed down after an entire process with allegations and evidence contradictory. What this Law considers to be appropriate to the nature of the matter is that, without prejudice to the ex officio surveillance of the proceedings relating to the court, the passive party must make them manifest on a prior basis, so that, if the process is not going forward or, in other cases, continues before the competent court.

The suppression of the injunction, a procedural institute held in gift of an impugatory facility of the defendant, is justified, not only for the sake of a convenient simplification of the procedural treatment of the competition Territorial, treatment is that the declinatory-inhibitory duality complicated unnecessarily and disturbingly frequently, but because of the very inferior difficulty that for the defendant implies, at the dawn of the twenty-first century, to appear before the court which is aware of the case. In any case, and in order to avoid serious inconvenience to the defendant, the Law also allows the declination to be brought before the court of the domicile of the defendant, proceeding then to his immediate referral to the court that is aware of the subject.

As for jurisdiction and, to a large extent, also in respect of objective competition, this Law is subordinated to the precepts of the Organic Law of the Judiciary, which, however, refer to the procedural laws for other mechanisms of the court's legal predetermination, as it is, functional competence at certain extremes and, in particular, territorial competence. These extremes are provided with appropriate standards.

This Law maintains the general criteria for the attribution of territorial jurisdiction, without unnecessarily multiplying the special forces by reason of the matter and without converting all these rules into necessary application. Thus, for a good number of cases, the submission of the parties is still permitted, but the procedure for the tacit submission of the applicant and the defendant is improved, with particular regard to the cases in which, before the application is brought, the (a) admit and employ the defendant, conduct proceedings such as preliminary proceedings or the application and eventual agreement of precautionary measures.

The provisions of the Law on domicile, as a general rule, provide a more realistic and flexible regulation to the needs that experience has highlighted, and in any case the balance between the legitimate interest on both sides.

On the basis of the organic judicial regulation and with full respect for what is available, an elementary discipline of the division of affairs is constructed in this Law, which, as is logical, serves its procedural aspects and to the guarantees of the parties, while at the same time seeking a better reality and image of civil justice. There is therefore no need for regulatory duplicity or for the removal of the specific legislative area. One thing is that the fixing and application of the rules of distribution is understood as a governmental function, not jurisdictional, and another, quite different, that the fulfilment of that function lacks any procedural or jurisdictional relevance.

Some isolated precept of the Law of Procedure of 1881 already established a procedural consequence in relation to the distribution. What this Law carries out is a logical development of the procedural projection of that "relative competence", as the Law of 1881 called it, with the look at the second paragraph of article 24 of the Constitution, which, according to the doctrine of the Court of Constitutional Court, has not considered irrelevant either the non-existence or the infraction of the rules of distribution.

It is clear, in effect, that the cast ends up determining "the ordinary judge" who will know about each matter. And while it has been considered constitutionally admissible that such a final determination should not be carried out immediately upon application of a rule with a formal rank of law, it would not be acceptable, in good logic and legal technique, for a sanction. gubernatively is the sole consequence of the inapplication or of the infringement of the non-legal norms determining that he knows an "ordinary judge", instead of another. The co-existence of this governmental sanction could hardly be justified, which would acknowledge the infraction of what is to be determined by the "ordinary judge", and the absence of procedural effects for those who have the right to have their case resolved by the court that corresponds according to default rules.

Therefore, this Law provides, first of all, that the possible infringement of the legality of the distribution of cases can be adduced and corrected, and, if that mechanism proves unsuccessful, it provides for, avoiding the severe sanction of a radical nullity-reserved for legal infringements of jurisdiction and objective and declarable jurisdiction-which may be annulled, at the request of a taxable party, by a decision rendered by a body other than that which it should know delivery rules.

In this Law, prejudiciality is, in the first place, the object of unitary regulation, rather than the scattered and imprecise rules contained in the Law of 1881. But, in addition, as far as criminal prejudiciality is concerned, the general rule of non-suspension of the civil process is felt, except that there is a criminal case in which they are being investigated, as acts of criminal appearance, some or some of the that the parties ' claims in the civil proceedings are fully substantiated and that the judgment in the civil proceedings may be decisively influenced by the judgment in the criminal proceedings.

Thus, it is necessary to do something more than a admitted complaint or a non-filed complaint so that the criminal prejudiciality has an impact on the civil process. Moreover, if all the referenced elements are present, the process is not suspended until it is only pending a sentence. It only determines an immediate suspension of the special case of the criminal falsehood of a document contributed to the civil process, provided that such a document can be determinative of the meaning of the judgment.

To complete a more rational treatment of criminal law, which, at the same time, avoids undue paralyzations or delays of criminal proceedings through complaints or unfounded complaints, is expressly established civil liability for damages arising from the suspension of the suspension if the criminal judgment declares to be authentic the document or not to have proved its falsehood.

The approach of non-criminal pre-judicial issues with possible suspensive and binding effects is also foreseen when the parties to the civil proceedings are in agreement with such effects. And finally, civil prejudiciality is also allowed, with suspensive effects, if there is no accumulation of processes or one of the processes is close to its completion.

VIII

The object of the civil process is a matter of various facets, all of them of great importance. The doctrinal polemics and the different theories and positions accepted in the case-law and in the scientific work are known. In this Law, matter is regulated in several places, but the exclusive purpose of the new rules is to solve real problems, which the Law of 1881 did not resolve or facilitate to resolve.

This is part of two inspiring criteria: on the one hand, the need for legal certainty and, on the other, the lack of justification for subjecting the same individuals to different processes and causing the corresponding activity of the courts, where the issue or issue reasonably can be settled in one.

With these criteria, which must be harmonized with the full procedural guarantees, this Law, among other provisions, establishes a rule for the precluding of allegations of facts and legal bases, already known in our law and in other legal systems. In the same vein, the Law avoids the undue duality of disputes on the nullity of legal businesses-one by way of exception; another by way of demand or action-differentiates the claim of compensation and specifies the scope of the facts which may be considered new for the purpose of establishing a second claim in appearance equal to another. In all these points, the new precepts are inspired by sound jurisprudence and doctrine.

With the same basic inspiration of not unnecessarily multiplying the jurisdictional activity and the burdens of all kinds that any process entails, the regime of the plurality of objects pretends the procedural economy and, at the same time, a configuration of the objective scope of the processes which does not involve any inconvenient complexity by reason of the procedure to be followed or which, simply, makes it difficult, without sufficient reason, for the substance and decision of the proceedings to be taken. Hence, the counterclaim is prohibited that does not relate to the claims of the actor and that, in the verbal judgments, in general, the accumulation of actions is limited.

The regulation of the accumulation of shares is, in general, innovated by means of various improvements and, in particular, with that of a precise, hitherto non-existent procedural treatment. With regard to the accumulation of processes, the budgets that make it, as well as the requirements and the procedural choices of this institute, are clarified, simplifying the procedure as soon as possible. In addition, the Law includes rules to avoid a misuse of process accumulation: accumulation will not be allowed when the subsequent process or processes can be avoided by the exception of litipendens or if what is raised in them could to be subtracted by initial accumulation of shares, expansion of demand or through counterclaim.

IX

Title V, dedicated to the judicial actions, presents in an orderly manner the rules of the Organic Law of the Judiciary, with some improvements advised by the experience. A particular emphasis should be placed on the provisions on the necessary publicity and the presence of the Judge or the Magistrates-not only the Rapporteur, if it is a collegiate body in the acts of evidence, hearings and hearings. This insistence on general rules will then find complete concreteness in the regulation of the various processes, but in any case, the infringement of the provisions on judicial presence or immediate inmediation is sanctioned with radical nullity. large.

As for the dation of faith, the Law rejects some proposals contrary to that essential function of the Judicial Secretaries, although it seeks not to extend this responsibility of the fedatarios beyond what it turns out to be and, in addition, possible. Thus, the law requires the intervention of the judicial public court for the true constancy of the procedural actions carried out in the court or before it and acknowledges the receipt of written documents in the register which may have been established to the effect, understanding that the judicial public faith guarantees the data of such registration relating to the reception.

The documentation of the actions can be carried out, not only by means of minutes, notes and diligence, but also with the technical means that meet the guarantees of integrity and authenticity. And oral views and appearances shall be recorded or recorded on media suitable for reproduction.

Communication acts are regulated with order, clarity and practical sense. And it is intended that, in their own interest, the litigants and their representatives will take a more active and effective role, by downloading the courts from an unjustified work of management and, above all, eliminating "dead time", which delays the processing.

Important part of this new design are the attorneys of the Courts, who, because of their status as representatives of the parties and professionals with technical knowledge about the process, are in a position to receive notifications and to carry out the transfer to the contrary part of many writings and documents. For the processing of processes without undue delay, the same Colleges of Attorneys are also trusted for the effective functioning of their notification services, already provided for in the Organic Law of the Judiciary.

The concern for the effectiveness of the acts of communication, a factor of undue delay in the resolution of not a few disputes, leads the Law to choose decidedly to give relevance to the addresses that are on the register or in the entities or public records, in understanding that a civic and socially acceptable behavior does not suffer from the indifference or neglect of the people with respect to those addresses. For the purposes of acts of communication, the place of non-occasional work is also considered to be domicile.

In this line, the changes in the regime of the aforementioned acts of communication are considerable, with the edicts only as a last and extreme resource.

If in the process the intervention of the prosecutor is mandatory or if, not being so, the parties are personable with that representation, the acts of communication, whatever their object, are carried out with the procurators. Where the representation is not mandatory or has not yet been personified, the communication is first attempted by registered mail with acknowledgement of receipt to the designated place of residence or, if the court considers it more suitable for the success of the communication, to several places. Only if this means fails is the communication being attempted by the court of what is to be communicated, either to the addressee, or to other persons expressly provided for, if the addressee is not found.

For the purposes of the placement or summons for the defendant's initial appearance, it is the plaintiff to whom it is appropriate to point out one or more places as addresses for the purposes of acts of communication, although, of course, compared the defendant, may be designated a different address. If the claimant does not know the address or if the communication fails to the place indicated, the court must carry out inquiries, the effectiveness of which reinforces this law.

In terms of time limits, the law radically eliminates the time limits for judicial determination and establishes others with realism, that is, taking into account the experience of the main protagonists of civil justice and the the results of some partial reforms of the Law of 1881. In this sense, it has been established that a systematic shortening of the legally established deadlines for the acts of the parties is not in the desired decrease of the time horizon of the sentence. It is not the very short deadlines for any panacea to ensure that, in the end, a resolution is given, with due guarantees, that provides without delay to the claims of effective protection.

This Law therefore opts for the acts of the parties, for short but sufficient time. And as far as many court-directed deadlines are concerned, they are also provided for brief, with security in the due diligence of the courts. However, regarding the indication of hearings, trials and hearings-of capital importance in the structure of the new declarative processes, given the concentration of acts adopted by the Law-the imperative norms that do not go away are to be fulfilled and, in some cases, it is chosen to trust that the calendars of the courts, in respect of those acts, will be adjusted to the situation of the processes and to the legal and regulatory compliance of the duty that it is incumbent to all the servers of the Administration of Justice.

As far as the deadlines for sentencing in the first instance are concerned, the ten-day trial, for the verbal trial, and the twenty-one, for the ordinary trial, are established. These are not deadlines which, in themselves, can be considered excessively short, but they are reasonable and possible. Because it is to be borne in mind that the new structure of ordinary processes involves the fact that the judges already have an important knowledge of the cases and do not have to study or study them entirely at the end, examining one to a the trial proceedings carried out separately, as well as the initial claims of the parties and their claims, which, since their admission, have often not been considered again.

In the verbal judgments, the proximity of the sentencing moment to the evidence and the pretensions and its foundations is obvious. In the ordinary process, the act of the trial operates that proximity of the sentence to the test-and, therefore, to a large extent, of the case-, and the pretrial hearing, in which what is the subject of the controversy, is to be outlined. also the parties ' claims to the decision-making activity of the dispute.

The Law, which is attentive to the present and forward-looking of the future, opens the door to the presentation of writings and documents and to the acts of notification by electronic, telematic and other similar means, but without imposing on the Justiciables and the citizens who have these means and without ceasing to regulate the requirements of this communication. In order to have full effect on the acts carried out by those means, it will be necessary for the instruments used to provide the guarantee that the communication and the communication are with security attributable to those who appear as the author of one and the other. The full reception and other legally relevant circumstances must also be guaranteed.

It is logical to foresee, as is done, that, when such securities do not come provided by the characteristics of the medium used or are susceptible to manipulation with greater or lesser ease, the effectiveness of the written and documents, for the purposes of proof or evidence, is subject to a presentation or contribution which does allow for the necessary examination and verification. But these reasonable channels should not, however, prevent the recognition of scientific and technical advances and their possible incorporation into the civil process.

At this point, the Law avoids incurring an improper regulation of its nature and its desirable temporal projection. The establishment of means of communication such as those referred to and the determination of their technical characteristics are, as far as the courts are concerned, matters which find the appropriate legal basis in the powers that the Law The General Council of the Judiciary and the Government are conferred by the Judicial Branch. As for the procurators and lawyers and even not a few Justiciables, it is reasonable to assume that they will have media other than the traditional ones, which meet the requirements set forth in this Law, to the extent of their their own possibilities and the means to which the courts are endowed.

For the judicial aid, in whose regime, among other improvements, it is necessary to lend to the Peace Courts, the Law has the judicial system. In this regard, a reasonable coercive and sanctioning power is granted to the courts in respect of delays due to lack of diligence on the parties.

Other particularly noteworthy innovations, within the aforementioned Title V of the Book first, are the forecast of new signposting of views prior to their conclusion, in order to avoid as much as possible the suspension, as well as the rules which, with regard to voting and ruling on cases, tend to ensure immediate immediate action by establishing, with reasonable exceptions, that the Judges and Judges who have witnessed the practice of the proceedings are to be sentenced. evidence in the judgment or hearing.

With such norms, this Law does not exaggerate the importance of inmediation in the civil process nor does it aspire to a utopia, because, in addition to the relevance of the inmediation for the right to the prosecution of all kinds of matters, the The new civil processes in this Law impose a concentration of the practice of the test and proximity of the practice at the time of the sentencing.

In the chapter on judicial decisions, they highlight as innovations those relating to their invariability, clarification and correction. Legal certainty is increased by properly shaping the cases in which the latter two come and an instrument is introduced to quickly, ex officio or at the request of a party, express the manifest omissions of delivery, the judgments in which such omissions have been committed, by mistake.

The law regulates this new institute with the necessary precision so that it is not abused and it is to be noted, on the other hand, that the precept on form and content of the sentences increases the demand for care in the operative part, (a) I have to say that all the statements relating to the parties ' claims are made without allowing the tacit pronouncements often involved in the legal bases so far.

In this way, it will not be necessary to force the mechanism of the so-called "clarification resource", and ordinary and extraordinary resources based on the omission of pronouncement can be avoided. It is clear, and it is clear from the law, that this institute does not at all attack the firmness which, if any, must be attributed to the incomplete sentence. Because, on the one hand, the pronouncements already issued are obviously firm and, on the other hand, it is forbidden to modify them, allowing only to add those that were omitted.

In the face of proposals of very different meaning, the Law maintains the measures of ordination, although expanding its content, and suppresses the motions for resolutions, both up to now in charge of the Judicial Secretaries. These measures are within the effort that the Law makes to clarify the areas of action of the courts, to which it is appropriate to dictate the providences, orders and judgments, and of the Judicial Secretaries, which, together with their In addition, it is essential to ensure that the right of access to the right of access to the right of access to the right of access to the public is not a matter

the right of the individual.

The motions for resolutions, introduced by the Organic Law of the Judiciary in 1985, have not in fact served to exploit the undoubted technical knowledge of the Judicial Secretaries, but rather to increase the confusion between the privileges of these and the courts, and to give rise to different criteria of action in the different Courts and Courts, often causing insecurities and dissatisfactions. Hence, it has not been considered appropriate to maintain its existence, and to propose alternative formulas that would lead to a better functioning of the judicial bodies.

In this sense, the Law chooses, on the one hand, to define precisely what is to be understood by providences and cars, specifying, in each concrete precept, when one and others must be dictated. Thus, any procedural issue requiring a court decision must necessarily be settled by the courts, either by means of a providence or through a car, as the case may be. But, on the other hand, the Law attributes the formal and material management of the process, in short, the resolutions of procedural impulse, to the Judicial Secretaries, indicating throughout the text when a diligence of ordination must be through the use of impersonal forms, which make it possible to deduce that the corresponding action must be performed by those in their capacity as responsible for the correct processing of the process.

Novelty of this Law are also the rules that, in accordance with the most authoritative jurisprudence and doctrine, express rules relating to the content of the judgment. Thus, the precepts relating to the rule "iuxta allegata et probata", to the burden of proof, to congruence and to the thing judged material. Important are also the provisions on judgments with a liquidation reserve, which are intended to restrict cases where it is essential, and on convictions for the future.

As for the burden of proof, the Law exceeds the terms, in itself, of the only legal precept hitherto existing as a general rule, and it welcomes concepts already concretized in the peaceful way. Case-law.

The burden of proof, although only judicially applied when there has been no certainty about the facts at issue and relevant in each process, are rules of decisive orientation for the activity of the parts. They are also rules, which, as applied, allow the judge to rely on the right of his or her factual prosecution, where it is not a case of cases in which, because a public interest is involved, it is necessary for them to be exhausted, ex officio possibilities of clarifying the facts. For all this, this legislative effort must be considered of importance.

The precept on the due completeness and congruence of the sentences, as well as having been enriched by some clarifications, is complemented by other norms, some of them already mentioned, which give the congruence all of its virtuality. As for the res judicata, this Law, rerunning again what it would be doctrinal, deviates, however, from superimposed conceptions of almost metajuridic nature and, according to the best legal technique, understands the thing judged as an institute of essentially procedural nature, aimed at preventing the undue repetition of disputes and seeking, by means of the effect of positive linkage to the above, the harmony of the judgments given on the substance in matters prejudicially related.

With this perspective, far from the idea of the presumption of truth, of the topical "sanctity of the res judicata" and of the confusion with the legal-material effects of many sentences, it is understood that, except for very few exceptions justified, the requirement of the identity of the parties as a budget of the specific effectiveness in which the res judicata consists is reaffirmed. As for other elements, the Law provides that the res judicata is operating effectively as the rule of precluding of allegations of facts and legal bases.

The nullity of the procedural acts is regulated in this Law, determining, in the first place, the cases of radical or full nullity. The ordinary system of denunciation of cases of radical nullity is maintained through the resources or its declaration, of its own initiative, before the decision is made to put an end to the process.

El Comercio] But the need, highlighted in the day by the Constitutional Court, for a specific procedural remedy for those cases in which a radical nullity occurred, for the moment when the vice caused it, is reaffirmed. It could be declared ex officio or denounced by way of appeal, but serious defects, generators of undeniable defensiveness, were nevertheless being dealt with. Thus, for example, the deprivation of the ability to act in views prior to the judgment or to know is for the purpose of bringing the resources from it.

However, the incongruity of this procedural path is excluded. Because the incongruity of the resolutions that put an end to the process, besides that it does not always involve radical nullity, presents an entity to all different lights, does not claim in many cases the replacement of the actions for the repair of the This law has provided for a different treatment. This law has provided for a different treatment.

It is true that, through the exceptional incident of nullity of actions, judgments and other final decisions, which must be considered as firm, can be affected. But the legislator cannot, for the sake of firmness, close our eyes to the radical nullity, which affects the resolution, with all its characteristics-firmly included-and with all its effects. The Law therefore chooses to face nullity according to its nature and not according to the similarity with the realities that determine the existence of other institutes, such as the so-called review facility or the hearing of the sentenced person in absentia.

In the cases envisaged as the basis of the exceptional remedy that is now being dealt with, there is no cause for the termination of firm judgments and it has not seemed appropriate to mix the nullity with these causes and have not been considered appropriate, for effective judicial protection, to follow the procedure laid down for the purposes of the termination or to bring the nullity to the body responsible for it.

Although, as for other procedural rights, there is always a risk of abuse of the exceptional application for annulment of actions, the law prevents such risk, not only with the careful determination of cases in which the The application may be based, but with other rules: failure to suspend enforcement, order to pay the costs in the event of dismissal of the application and the imposition of a fine where it is considered to be reckless. In addition, the courts may reject the manifestly unfounded applications by means of a succinctly reasoned provision, without in such cases the incident being substantiated and self-imposed.

X

The Book II of this Law, dedicated to the declarative processes, includes, within the Chapter concerning the common provisions, the rules for determining the process to be followed. This determination is carried out by combining criteria relating to the subject and the amount. But the matter is not only considered in this Law, as in 1881, a predominant factor with respect to the amount, but an element of much higher relevance, as a logical consequence of the concern of this Law for the effectiveness of judicial protection. And that effectiveness claims that for the sake of the matter, regardless of the money assessment of the interest of the matter, it is quickly solvent-with more speed than up to now-a large number of cases and questions.

This is an opportune moment to give reason for the treatment that, with the look of Article 53.2 of the Constitution, this Law grants, in the civil procedural field, a plural material, but capable of consideration unitary: fundamental rights.

In addition to understanding, according to the unanimous interpretation, that the submariage referred to in the aforementioned precept of the Constitution must not be understood in the strict or technical-legal sense, of the absence of a res judicata because of a limitation of allegations and evidence, it is essential, for an appropriate approach to the issue, the distinction between fundamental rights, the violation of which occurs in non-procedural reality and those which, by substance and substance, can only be be violated or violated within a process.

As for the former, they can and must be brought to a process for their rapid protection, which is processed with preference: the fact or behavior, external to the process, generator of the intended violation of the fundamental right, residence after the jurisdiction. And what the particular constitutional precept wants is, without a doubt, a singularly quick judicial guardianship.

On the other hand, with respect to fundamental rights which, in themselves, consist of procedural rights and guarantees, it would be entirely illogical for them to be in breach of the law, in the context of jurisdiction. ordinary, both one or more parallel procedures and a process after the one in which such violation occurs and is not repaired. It is evident that the first thing would be filled in the territory of the absurd. And the second thing would be to duplicate the jurisdictional processes. And it would still be possible to speak of duplication-of all ineffectual and paradoxically contrary to what was intended-as a minimum, because in that second process, contemplated as a hypothesis, there could also be or thought that a new violation of fundamental rights, of procedural content.

For all this, for the fundamental rights of the first block mentioned, those referring to legal goods of the extra-judicial vital field, this Law establishes that the corresponding processes are substantiated by a (a) the procedure for the application of the law of the Court of Justice of the European Union for the purposes of the Court of Justice of the Court of Justice of the European Union, of the Court of Justice of the European Court of Justice of the European Union statement.

On the other hand, with respect to fundamental rights of a procedural nature, the infringement of which can occur throughout the length and breadth of any litigation, this Law rules out an illogical special procedure in the face of complaints of infringement. considers that the possible violations must be remedied within the process in which they have occurred. To this end, they answer, with respect to very different points and issues, multiple provisions of this Law, aimed at a quick protection of the constitutional guarantees constitutionalized. The majority of these provisions are general in nature as they are always liable to give rise to the need to protect fundamental rights of a procedural nature, without the need for a preferential treatment. On the other hand, and in the name of mere examples of singular rules, it is worth pointing out the preferential treatment of all complaints and appeals against certain cars that do not admit lawsuits. According to the experience, the Law is also dealt with in a special way, as will be seen, of cases of defencelessness, with radical nullity, which, for the moment they can be given, is not possible to be faced by means of resources or with action of the court, trade.

Returning to the attribution of types of cases in the various procedural channels, the Law, in short, reserve for the verbal judgment, which is initiated by succinct demand with immediate summons for the hearing, those disputes First of all, they are characterised by the singular simplicity of the controversial and, secondly, by their small economic interest. The rest of the litigation must follow the course of the ordinary judgment, which is also characterized by its concentration, inmediation and orality. However, although the matter is a determining criterion for the procedure in many cases, the amount still plays a non-negligible role and the rules on its determination change markedly, with better content and structure, according to experience, with the aim, moreover, that the initial indeterminacy is limited to the cases that are truly irreducible to all quantification, even relative.

The preliminary steps of the process established in the Civil Procedure Act of 1881 did not distinguish much from the complete disuse, as it was not considered useful, given the few consequences of the refusal to carry out the intended preparatory conduct, despite the fact that the court considers the application of the person concerned to be justified. For these reasons, some civil procedural reform initiatives were inclined to do without this institute.

However, this Law is based on the conviction that effective measures will be put in place for the preparation of the process. On the one hand, the steps to be taken are extended, although they do not reach the point where they are indeterminate. On the other hand, without incurring coercive excesses, however, it is envisaged, in respect of the unjustified refusal, practical consequences of effectiveness far superior to the liability for damages.

Seeking an equitable balance, the applicant of the preliminary measures is required a course to compensate for the expenses, damages and damages that may be caused to the taxable persons of those, with the particularity that the the same court competent for the measures shall decide summarily on the destination of the course.

In the initial stages of the process, in addition to accompanying the demand or personation of documents that credit certain procedural budgets, it is of great importance, for information from the opposing party, that the documents on the substance of the case, to which the regulation of this Law adds means and instruments in which it consists of fundamental facts (words, images and figures, for example) for the parties ' claims, as well as the written opinions and certain reports on facts. The new rules also provide for the filing of documents required in certain cases for the admissibility of the application and provide clearly that, as is logical and reasonable, it is appropriate to present documents in the absence of such documents. on the substance, but the relevance of which has only been revealed as a result of the arguments of the opposing party.

Here, as in other points, the Law emphasizes the burdens of the parties, restricting the possibility of referring to files, files or public records. The non-initial submission of documents and other documents and instruments relating to the fund are accurately regulated and the promise or oath of not known to them or obtained prior to the loading of the documents is replaced. justify that circumstance. The court is congruently empowered to decide on the imprecence of taking into account the documents if, with the development of the actions, there is no justification for the lack of knowledge and the impossibility. In cases where bad faith or dilatory mood is observed in the filing of the document, the court may also impose a fine.

Regarding the regulation of the delivery of copies of documents and documents and their transfer to the other parties, it is important innovation that the transfer to the Procurators is entrusted, when the latter are involved and personado. The court will carry out the transfer from the record of the delivery of the copies to the service of notification organized by the College of Attorneys. In this way, the courts and, in particular, the non-jurisdictional staff of a job, which, well regarded, are unnecessary and improper to do, are being rationally discharged to the detriment of others. In addition, the new system will allow, as previously pointed out, to eliminate "dead time", since from the presentation with accredited transfer, the deadlines for carrying out any further procedural actions will begin to be computed.

XI

As the rules are common to all declarative processes in the first instance and, where appropriate, in the second, it seems more appropriate to place the rules on the test between the general provisions of the activity a declarative jurisdictional within which a certain procedural type is articulated.

The proof, thus incardinated and with the repeal of the precepts of the Civil Code devoid of any other relevance than the procedural one, is regulated in this Law with the desirable uniqueness and clarity, in addition to a wide improvement, in three distinct vertients.

On the one hand, the object of the test is determined, the rules on the initiative of the evidentiary activity and on its admissibility, according to the criteria of relevance and utility, to which the lawfulness must be added, to which Procedural treatment, hitherto non-existent, is provided with simple precepts.

On the other hand, in terms of the procedural, in the face of the dispersion of the practice of the test, a new capital is introduced, which is the practice of the whole test in the judgment or view, being available that the measures that, by justified reasons and reasons cannot be practised in such public acts, with the full guarantee of the judicial presence, they must be carried out before them. In addition, the advance test and the assurance of the test are regulated, which in the Law of 1881 hardly deserved any isolated norm.

Finally, the means of proof, along with the presumptions, experience in this Law numerous important changes. It is worth mentioning, as first of all, the legal openness to the reality of how much can be conducive to found a judgment of certainty on the factual allegations, an opening incompatible with the idea of a determined and closed number of media test. In addition, the express recognition of the instruments that allow the collection and reproduction of words, sounds and images or data, figures and mathematical operations is obliged.

In the second term, it changes, along the lines of greater clarity and flexibility, the way to understand and practice the most consecrated and perennial means of proof.

Confession, in excess of tax from its historical origins, largely overcome, and, by addition, mixed with the oath, is replaced by a declaration of the parties, which is extraordinarily removed from the rigidity of the "acquittal of positions." This declaration must address the questions raised in open questioning, which guarantees the spontaneity of the answers, the flexibility in the conduct of questions and, in short, the integrity of a statement. ready.

As regards the assessment of the parties ' declaration, it is entirely logical to continue to take into account, for the purposes of fixing the facts, the fact that it recognises them as certain the party which has intervened in them and for which are harmful. But, on the other hand, it is not reasonable to legally impose, in any case, a full probative value for such recognition or confession. As in recent decades it has been affirming the case law and justifying the best doctrine, the free assessment must be established, taking into account the other evidence that is practiced.

This Law deals with documents, within the precepts on the evidence, to the sole effects of the formation of the judicial judgment on the facts, although, obviously, this effectiveness has to exercise a remarkable influence Indirect tax on legal traffic. Public documents, from a civil procedural point of view, have always been and should remain the ones to which it is appropriate to attribute a clear and determined force at the time of the said factual judgment. Private documents, on the other hand, are the ones that do not, in themselves, enjoy this force based on the procedural certainty and, therefore, unless their authenticity is recognized by the subjects to whom they may harm, they are subject to the assessment. free or according to the rules of healthy criticism.

The specific probative strength of the public documents derives from the trust placed in the intervention of different legally authorized or authorized fedatarios. The procedural law has to be echoed, to its specific effects and with intelligible language, of such intervention, but it is not the normative headquarters in which the requirements, the competence and other factors of the dation of faith have to be established. Nor does it correspond to the procedural law to dispute the interpretation of the rules on the function of giving faith or about the legal advice with which the documentary instruments of the legal business are contributed. Even less of this Law has seemed to determine requirements in a documentary form relative to such business or to modify the pre-existing legislative options.

In the face of currents of opinion that, looking at other models and an alleged decrease in the economic costs of legal businesses, advocate a radical modification of public faith in private, civil and legal traffic This Law is respectful of this faith. However, this is a respect compatible with the legitimate interest of the Justiciables and, of course, with the interest of the Administration of Justice itself, so that, above all, the Law seeks to ensure that each party clearly establishes its position on the documents provided to the contrary, so that, in the event of recognizing them or not challenging their authenticity, the factual controversy disappears or is reduced.

It should also be noted that certain precepts of various laws attribute the character of public documents to some of those which, sometimes expressed in an express way and others implicitly, may be called "proof to the contrary". This Law respects these provisions of other legal bodies, but it is obliged to regularly regulate these public documents and those others, from which it has been dealt with, which by themselves they do full proof.

On these bases, the unitary regulation of the documentary proof, which this Law contains, seems complete and clear. In addition, other aspects of the rules on testing resolve issues which, in their practical dimension, no longer make sense. The notion of documentary proof must not be forced to include in it what is provided to the process for the purpose of fixing the certainty of facts, which is not subsucible in the notions of the remaining means of proof. Written opinions and reports may be produced and provided, with only the appearance of documents, but of an expert nature or testify, and it is not to exclude, but the law provides for, the use of new evidence instruments, as supports, today non-conventional data, figures and accounts, to which, in the final analysis, a similar consideration should be given to that of documentary evidence.

With the exceptions required in respect of the civil processes in which a public interest is to be satisfied, this Law is coherently inclined to understand the opinion of experts as a means of testing in the context of a process, in the which, apart from the exceptions mentioned above, is not imposed and is liable to the court of investigation and verification of the veracity of the relevant facts on which the claims of protection formulated by the parties are based, but is on These are the ones that bear the burden of alleging and proving. The opinions of experts appointed by the parties are therefore introduced and the designation by the court of experts is reserved for cases where it is requested by the parties or is strictly necessary.

In this way, the practice of the pericry test also acquires a very different simplicity from the procedural complication that led to the regulation of the Law of 1881. The refusal of experts whose opinion is provided by the parties, which may only be the subject of a tacha, is excluded, but all experts are required to be sworn in or promise to take action in a maximally objective and impartial manner and in respect of all of them. This Law is conducive to submitting its opinions to explanation, clarification and complement, with full contradiction.

Thus, the expert activity, whose decimononic regulation reflected the unresolved dilemma about its nature-whether means of proof or complement or help of the judge-now fully responds to the general principles that must To govern the evidentiary activity, acquiring meaning its free valuation. Indirect effect, but nothing inconsiderable, of this necessary clarification is the solution or, at the very least, important attenuation of the practical problem, very frequent, of the adequate and tempest remuneration of the experts.

More, moreover, this Law, in understanding the enormous diversity of operations and manifestations that modernly involves expertise, is resolutely removed from the regulation of 1881 in order to recognize the diversity and amplitude of this test medium, with attention to its frequent instrumental character with respect to other means of testing, which is not only manifested in the collation of letters.

As for the questioning of witnesses, considerations similar to those outlined in the statement of the parties, they have advised that the Law should choose to establish that the interrogation is free from the beginning. This is also the subject of the examination of facts recorded in reports previously provided by the parties and the declaration of legal, public and private persons is envisaged, so that, together with the expertise of the advises, the contradiction and inmediation in the practice of the test is guaranteed.

The Law, which conceives more widely the judicial recognition, also welcomes among the means of proof, as has already been said, the instruments that allow to collect and reproduce, not only words, sounds and images, but those others that serve for the data and figures file and mathematical operations.

Introduced into this Law the presumptions as a method of establishing the certainty of certain facts and sufficiently regulated the burden of proof, a key part of a civil process in which the public interest is not predominant, The duality of civil test regulations can be eliminated by repealing some provisions of the Civil Code.

XII

Teaches the experience, all over the world, that if, after the initial arguments of the parties, an oral act is immediately attended, in which, before giving judgment also immediately, all the activities of This is a very serious problem: the very grave, the fact that the issues are resolved without observance of all the rules that guarantee the full contradiction and without the desirable attention to all the elements which have to found the fault, or the consistent in that the time that in appearance has been gained by turning out immediately the act of judgment or hearing must be lost with suspensions and incidents, which in no way can be considered as ever unjustified and merely delaying, but often necessary in the light of the complexity of the cases.

On the other hand, it is a rational and constitutional requirement for the effectiveness of judicial protection to be resolved, as soon as possible, for possible questions on the budgets and the procedural choices, so that the maximum will be avoided. judgments that do not fall on the merits of the litigious case and any other kind of resolution that puts an end to the unresolved process on its subject, after costly efforts by the parties and the court.

Consequently, as has already been pointed out, it is only appropriate to resort to the maximum concentration of acts for litigious matters devoid of complexity or to claim a guardianship with singular speed. In other cases, the prudent legislative option is the ordinary judgment, with its prior hearing aimed at purging the process and setting the subject of the debate.

With these premises, the Law articulates in general two different channels for the declarative jurisdictional protection: on one side, the process which, due to the expressive simplicity of the denomination, is called "ordinary judgment" and, on the other, the "verbal judgment".

These processes, in some cases, welcome the litigation that has so far been dealt with through four ordinary processes, as well as all non-expressly regulated incidents, with the result that also to delete the common incidental procedure. And this new Law on Civil Procedure also allows us to face, without any guarantees, the issues that were contemplated until today in more than a dozen different laws of the common civil procedure. Good evidence of this is the repeal provision and the final provisions.

Thus, with these procedures, the procedural channels of many and many different jurisdictional cases are simplified. What is not done, because it would have no reason and meaning, is to dispense with justified particularities, both in terms of special budgets for admissibility or procedure and in respect of certain aspects of the procedure. same.

What is required and desirable is not to unify, but to suppress what is unnecessary and, above all, to put an end to a regulatory dispersion at all excessive lights. On the other hand, it is not rational or constitutionally necessary to close the passage to subsequent legal provisions, but only to ensure that the precepts contained in this Law are sufficient for the purpose of the treatment. jurisdictional of new subjects and problems.

The Law designs declarative processes so that inmediation, advertising and orality must be effective. In the verbal judgments, by the transcendence of the view; in the ordinary, because after demand and response, the most outstanding procedural milestones are the pretrial hearing and the judgment itself, both with the inexcusable presence of the judging.

In broad terms, the development of the ordinary process can be summarized as follows.

In the prior hearing, an agreement or transaction of the parties is initially attempted, that ends the process and, if such an agreement is not achieved, the possible questions on the budgets and the procedural choices are resolved. With precision the pretensions of the parties and the scope of their controversy, an agreement is again attempted between the litigants and, in case of not being reached and of existing controversial facts, they propose and admit the pertinent tests.

In the trial, the evidence is practiced and the findings are formulated, concluding with reports on the legal aspects, unless all parties prefer to report in writing or the court deems it appropriate. It should also be reiterated that all public and oral actions, in both instances, will be recorded through the appropriate recording and reproduction instruments, without prejudice to the necessary acts.

The Law abolishes the so-called "measures to better provide", replacing them with a final measure, with budgets different from those of those. The main reason for this change is consistency with the already mentioned fundamental inspiration that, as a rule, should preside over the beginning, development and outcome of the civil processes. Furthermore, it is appropriate to reinforce the importance of the act of judgment, restricting the pre-sentence activity to what is strictly necessary. Therefore, as final proceedings, only the measures of evidence, duly proposed and accepted, which could not have been carried out for reasons beyond the party which would have interested them, shall be admissible.

The Law considers it inappropriate to carry out anything as soon as it could have been proposed and has not been proposed, as well as any activity of the court that, with the merit of the equal contest between the parties, supine its lack of diligence and care. The exceptions to this rule have been carefully considered and respond to criteria of equity, without any unjustified occasion to disorder the procedural structure or to undermine the equality of the contradiction.

As to the summary, in a technical-legal manner, of the processes, the Law provides that the sentences that end those in which a quick guardianship of the possession or possession is sought will not be the force of res judicata. those who decide on requests for cessation of illicit activities in the field of intellectual or industrial property, which provide for immediate protection against new or ruinous works, as well as those that resolve the eviction or recovery of farms for non-payment of rent or rent or on the effectiveness of the real rights registered in front of those who oppose them or disturb their exercise, without having a registered title which legitimises the opposition or the disturbance. The experience of ineffectiveness, legal uncertainty and excessive procedural vicissitudes advises, on the other hand, not to set up the processes in which it is claimed, as the basis of the pretense of eviction, a situation of precariousness: it seems very Preferably, the process will be unwrapped with open arguments and test and complete with full effectiveness. And the food processes, like others about similar objects, must not be confused with provisional measures, nor do they have to be without, in their outcome, the force of res judicata. Further claims may be fully justified by new facts.

XIII

This law contains a single regulation of the appeal and of the second instance, because a diversity of regimes is unjustified and disturbing. As a result of the most rapid judicial protection, within the seriousness of the process and the sentence, it is available that, in order to remedy the appeal against the resolutions that do not end the process, it is not possible to appeal and only to insist on the Any failure to comply with the judgment of the first instance. The appeals against the interlocutory resolutions are virtually disappearing. And with the timely transitional provision, it is intended that this new system of resources will be implemented as soon as possible.

The appeal is reaffirmed as a full jurisdictional review of the appealed resolution and, if this is a judgment relapse in the first instance, it is legally determined that the second instance does not constitute a new judgment, in which can be adduced to all kinds of facts and arguments or to be made new claims on the case. The content of the appeal judgment is regulated, coherently, with particular attention to the singular congruence of that judgment.

Other provisions seek to increase the chances of correcting any errors in the factual judgment with guarantees of success and, by means of various precepts, it is intended to make the procedure easier and to achieve that, in the The largest number of possible cases, the second instance is given judgment on the fund.

It should be mentioned that this Law, which dispenses with the concept of adherence to the appeal, generator of mistakes, outlines and specifies the possible role of who, in view of the appeal of another party and being initially appealed, not He is only opposed to the appeal but, in turn, challenges the already appealed order or judgment, asking for his revocation and replacement with another that is more favourable to him.

The Law retains the separation between an immediate preparation of the appeal, with which the will of impeachment is manifested, and the subsequent motivated interposition of the appeal. It does not seem appropriate or to postpone the moment when the firmness or the maintenance of the lis pendens can be known, with its corresponding effects, nor to hasten the work of substantiation of the resource. However, for better processing, procedural innovation is introduced which consists in having the appellant carry out the preparation and the interposition before the court which gives the decision under appeal, and then the orders to the above. The same is true for extraordinary resources.

XIV

For full coherence with a real concern for the effectiveness of judicial protection and due attention to the problems that the Administration of Justice presents worldwide, this Law seeks to overcome a the idea, not for the less influential, of the extraordinary resources and, in particular, of the appeal, understood, if not as a third instance, if, very frequently, as the last necessary step, in many cases, towards the definition of the law in the specific case.

Since this approach is unsustainable in reality and involves some degeneracy or deformation of important procedural institutions, it is generally in the countries of our own legal system and even in those with very diverse systems, a careful study and a careful reflection on the role that is reasonable and possible to perform the referred resources and the organ or organs that occupy the position or the supreme positions in the Court organization.

With the conviction that the reform of Justice, at this point as in others, cannot and must not do without the history, the particular idiosyncrasies and the positive values of the legal system of its own, the tendency of reform which is deemed to be correct is the one which tends to reduce and improve, at the same time, the degrees or instances of full prosecution of the specific cases for the protection of the legitimate rights and interests of the legal subjects, circumscribing, instead, the effort and the role of the higher courts in the case of singular legal needs, which claims a legal work of special quality and authority.

For a long time, civil cassation presents in Spain a situation which, as is generally acknowledged, is very undesirable, but at all easy to resolve with a degree of acceptance as general as its criticism. This Law has taken place, not only from the impossibility, but also from the theoretical and practical error that would imply that the perfect appeal is the one from which no matter or any sentence of the second instance is ruled out.

In addition to being a completely unrealizable appeal in our society, it is neither necessary nor expedient, because it does not meet reasonable criteria of justice, which each case is litigation, with the legitimate rights and interests of The Court of Justice of the European Court of Justice of the European Union, the Court of Justice of the European Court of Justice of the European Union, It does not belong to our historical tradition nor does it constitute a constitutional requirement that the nomophilic function of the appeal is projected on any judgments or on any questions and matters.

No one has questioned, however, that the renewal of our civil justice will be done according to the positive values, solidly entrenched, of the legal and judicial system itself, without incurring the recklessness of discarding whole institutions and replace them with other new bills or pieces of very different legal and judicial models of ours. Thus, the appeal must be maintained in substance, with the purpose and effects that are of its own, but with a objective scope consistent with the need, referred to above, of specially authorized jurisprudential doctrine.

The size limits alone do not constitute a factor capable of establishing a reasonable and equitable level of that objective. Nor does it seem appropriate or satisfactory to the Justiciables, who are eager for legal certainty and equal treatment, that the configuration of the new housing field, without a doubt necessary for reasons and reasons that transcend the economic factors, is performs by means of a case selection of a few "casational interest" issues, if this element is left to a very subjective appreciation.

This Law has operated with three elements to determine the scope of the appeal. First, the purpose of not excluding from it any civil or commercial matters; secondly, the decision, at all free, as will be said, to leave the infringement of procedural laws out of the cassation; finally, the relevance of the function of creating authoritative jurisprudential doctrine. Because this is, if you will, an indirect function of the appeal, but it is linked to the public interest inherent in that institute since its origins and has persisted until today.

In a legal system such as ours, in which the precedent lacks binding force-only attributed to the law and other sources of the objective law-it does not lack and must not be without a relevant interest for all. The most important example of the doctrine linked to the precedent, not authoritarian, but with singular legal authority.

Hence, the case-law, that is, the transcendent interest to the procedural parties which may present the decision of an appeal, is objectified in this Law, not only by a high level parameter, but with the requirement that the matters substantiated by reason of the matter be resolved with infraction of the substantive law, of course, but, moreover, against the jurisprudential doctrine of the Supreme Court (or in its case, of the Superior Courts of (a) the Court of Justice of the European Court of Justice of the European Provincial Hearings. It is also considered that there is a case where the rules for which the infringement is alleged do not take effect longer than the reasonably foreseeable one so that an authorized doctrine has been formed on its application and interpretation. case law, with the exception that there is such a doctrine on earlier rules of equal or similar content.

Thus, the need for the resource is established with reasonable objectivity. This objectification of the "casational interest", which provides more legal certainty to the Justiciables and their lawyers, seems preferable to the method of attributing to the national court the choice of matters worthy of their attention, as some instances have advocated. Among other things, objectification eliminates the risks of mistrust and disagreement with court decisions.

Established a new system of provisional execution, the Law does not consider it necessary or appropriate to generalize the requirement of deposit for access to the appeal (or to the extraordinary remedy for infringement of procedural law). The previous deposit, in addition to representing a factor in the face of justice, of unequal incidence on the Justiciables, raises, among others, the problem of its possible transformation in obstacle of the exercise of the fundamental right to the effective judicial protection, in accordance with the principle of equality. The provisional enforceability of the first and second instance sentences seems sufficient deterrent to the reckless or merely delaying actions.

The system of extraordinary resources is completed by trusting in any case the procedural questions to the Chambers of the Civil of the Supreme Courts of Justice. The separation between the appeal and the extraordinary appeal for procedural infringements must, without doubt, contribute to the seriousness with which they are alleged. Furthermore, this extraordinary resource for procedural infringement extends and intensifies the ordinary judicial protection of fundamental rights of a procedural nature, the alleged violations of which have generated much of the disputes.

Nothing has unorthodox, organic or processional and even less, if it fits, constitutionally, when two instances have already been consumed, circumscribe with logical rigor the extraordinary appeal and demand from whom it is convinced of having been harmed by serious procedural infringements which does not, at the same time, seek to review substantive law infringements.

If you are persuaded that there has been a serious procedural infringement, which calls for the actions to be reimposed on the state prior to that infringement, it is not possible to see irrational imposition in the rule that excludes time a new sentence, rather than such a replacement of the performances. If the application for a procedural infringement is estimated, a new judgment must be given and if it incurs any infringement of substantive or substantive law, the judgment may be appealed against, as in the scheme before this Law.

Truth is that, in comparison with the treatment given to the limited types of cases accessible to the cassation according to the Law of 1881 and its numerous reforms, in the appeal of this Law no longer to claim the annulment of the judgment under appeal with referral to the body and, at the same time, subsidiary, the replacement of the judgment of the instance by not being in conformity with the substantive law. However, in addition to the fact that this new law contains better instruments for the procedural correction of the actions, it has been considered more according to the social needs, with the set of the legal institutes of our Order and with the the same origin of the Casational Institute, that a reasonable configuration of the jurisdiction charge of the Supreme Court is carried out concentrating its activity on the substantive.

It must not be forgotten, moreover, that, under the Law of 1881, if an appeal was brought against, at the same time, infringement of form and infringements relating to the judgment, it was examined and decided first on the The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of Justice held that the Court of Justice held that the Court of First Instance had failed to fulfil its obligations under Article 85 of the Treaty. "by breaking the essential forms of the judgment" or by both concepts. Nothing substantially different, with new mechanisms to speed up the formalities, is provided for in this Law for the case that, with respect to the same sentence, different litigants opt, each one of them, for a different extraordinary resource.

The system of extraordinary resources laid down in this Law is perhaps, at the sole point of the choice between an appeal and an extraordinary remedy for procedural infringement, less "generous" than the previous appeal with the The Court of Justice has held that the Court of Justice and the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union legal institutes of protection provided for in our order.

It cannot be disdained, in effect, that under Article 24 of the Constitution, there are legal grounds for amparo resources-the vast majority of them-on many procedural issues. These procedural issues are, at the same time, "constitutional guarantees" from the point of view of Article 123 of the Constitution. However, in the light of Articles 161.1 (b) and 53.2 of the same constitutional text, it appears that it is unfeasible to bring all the matters covered by Article 24 of our basic rule to the Constitutional Court. The doctrine of the Constitutional Court must be upheld. There is therefore, according to our fundamental rule, a single and supreme instance of normative interpretation in many procedural matters. For others, as will be seen, the so-called resource in the interest of the law is completely removed.

The resources of protection under the invocation of Article 24 of the Constitution have been able to lengthen, so far, the time horizon of an irrevocable sentence, already excessively prolonged in the ordinary jurisdiction under the Law of 1881 and its subsequent reforms. Well: those resources of protection founded on violations of Article 24 of the Constitution cease to be brought if the extraordinary resource for procedural infringement was not attempted in each case.

On the other hand, with this regime of extraordinary resources, the possibilities of friction or clash between the Supreme Court and the Constitutional Court are considerably reduced. This inlination is not an inspiring principle of the system of extraordinary resources, but a criterion at all negligible, with a beneficial effect. Because the respectful observance of the proviso in favor of the Constitutional Court in respect of "constitutional guarantees" can be and it is expedient to be harmonized with the position of the Supreme Court, a general position of superiority that Article 123 of the Constitution attributes to the high Supreme Court with the same clarity and equal emphasis as the above-mentioned caveat.

The appeal before the Supreme Court can be considered, in short, with these two objects:

1. the judgments handed down by the provincial hearings on fundamental rights, except those recognized by article 24 of the Constitution, when they infringe on the rules of the law applicable to the resolution of the 2. the judgments given in the second instance by the Provincial Hearings, provided that they incur similar infringement of substantive rules and, moreover, the appeal is a transcendent interest to the protection of the rights and legitimate interests of certain individuals, established in the form of which has been left.

Since civil matters in the field of fundamental rights can be brought to the Constitutional Court in any case, it could be understood that they have more access to appeal to the Supreme Court. This being a criterion worthy of careful consideration, the Law has chosen, as has just been said, by a contrary provision.

The reasons for this option are several and several. On the one hand, those cases do not constitute a serious burden of judicial work. On the other hand, it was considered appropriate to establish the possibility of the case of the case in this matter, without having expressed any discrepancies or reticence about this design, which is coherent, not only for the purpose of This law in the sense of not excluding from the appeal no civil matter-and they are, of course, the inherent rights of the personality, maximally constitutionalized-but also with the idea that the Supreme Court is also, very Different modes, the Judge of the Constitution, as well as the other ordinary courts . In addition, the subsidiarity of the appeal before the Constitutional Court could not stop gravitating on the trance of this legislative option. It is therefore not disdainable, therefore, that the effect on all the resources, including the extraordinary ones, is likely to exercise the new regime of provisional execution, which is not, in principle, excluded from the judgment of the Court of Justice. fundamental rights, in which there are not uncommon pecuniary condemnations.

For his part, the already referred extraordinary resource for procedural infringement, before the Civil and Criminal Chambers of the Supreme Courts of Justice, proceeds against sentences of the Provincial Hearings in procedural matters. of particular importance and, in general, to the extent that it can be regarded as a violation of the fundamental rights enshrined in Article 24 of the Constitution.

XV

Finally, as a piece of closure and with respect to procedural issues not attributed to the Constitutional Court, the appeal is upheld in the interest of the law before the Civil Court of the Supreme Court, a resource conceived for the desirable case-law unit, but configured very differently than the current one, for cases of divergent judgments of the Civil and Criminal Chambers of the Supreme Courts of Justice.

They are entitled to promote this activity, not only the Prosecutor's Office, but also the Ombudsman and legal persons governed by public law who demonstrate legitimate interest in the existence of jurisprudential doctrine on the question or procedural questions raised in the appeal. It is not, of course, a resource in its own sense, since the judgment that is given will not revoke another non-firm sentence (nor will it rescind the firm), but it is chosen to maintain this denomination, in the interests of what is, by the precedents, more expressive and communicative.

Mercy on the appeal in the interest of the law, in addition to the possibilities of creating a singularly authorized jurisprudential doctrine, to proceed from the Supreme Court, there are not the procedural matters excluded from the High court, as long as there is no collision with the appeal of the Constitutional Court. On the contrary, the competition, the effort and the interest of the legitimized guarantee that the Supreme Court, constitutionally superior in all orders, but not called by our Constitution to know of all kinds of matters, as it is obvious, it will be necessary to continue to deal with important procedural issues.

Among the sentences handed down by the Supreme Court under this instrument and the sentences handed down by the Constitutional Court in its own field, there will be no lack of a jurisprudential doctrine that will serve as a guide for the application and interpretation of the procedural rules in terms of legal certainty and equality, compatible and harmonious with the freedom of prosecution of our system and the timely evolution of the case-law.

At this point, and in order to finish the matter of extraordinary resources, it seems appropriate to recall that, precisely in our legal system, the case law or the precedent enjoys practical relevance for its authority and strength. copy, but not for its binding force. This authority, born of the quality of the decision, its justification and the careful expression of it, is also revealing the most important in the legal systems of the so-called "case law". And it has been and will remain the only one attributable, beyond the specific case, to the judgments handed down in cassation.

For all this, belittling the Supreme Court's resolutions as soon as they lack direct efficacy on other judgments or on the rights of certain legal subjects would not be consistent with the value always attributed in our order to the jurisprudential doctrine and in accordance with the most rigorous iuscomparatist studies and with the modern tendencies, previously mentioned, on the role of the courts located in the vertex or the top of the Administration of Justice.

XVI

The regulation of provisional execution is, perhaps, one of the main innovations of this legal text. The new Law on Civil Procedure represents a determined option for trust in the administration of justice and for the importance of its impartition in the first instance and, in a consequent manner, it considers provisionally enforceable, with reasonable temperaments and exceptions, the sentences of conviction handed down in that jurisdiction.

The provisional execution will be feasible without the need to provide bail or caution, although a regime of opposition to such execution is established on one side, and, on the other, clear rules for the different cases of revocation of the (a) a provisional decision, which is not limited to the return of the liability for damages, by referring to the ordinary process concerned, but allowing its levy to be charged.

Requested provisional execution, the court will issue it, unless the judgment is of the unenforceable or does not contain a statement of conviction. And, pending the provisional execution, the sentenced person may, in any event, oppose it if he understands that the alleged legal budgets are not present. But the genuine opposition envisaged is different depending on whether it is a money sentence or a non-cash sentence. In the latter case, the opposition may be based on the fact that it is impossible or extreme, depending on the nature of the executive actions, to restore the situation prior to the provisional execution or to compensate economically for the execution. by the compensation of the damages to be caused to him, if the judgment is revoked.

If the conviction is money, the opposition to the provisional execution as a whole is not allowed, but only to those specific executive actions of the award procedure that can cause a situation absolutely impossible to restore or to compensate economically by compensation for damages. The basis of this opposition to specific executive measures is therefore the same as that of the opposition to the execution of non-cash convictions: the probable irreversibility of the situations caused by the provisional execution and the the impossibility of equitable economic compensation, if the judgment is revoked.

In the case of interim execution for money order, the Law requires those who oppose specific executive actions to indicate viable alternative measures, as well as to provide sufficient caution to respond to the delay in the execution, if the alternative measures are not accepted by the court and the pronouncement of the dinerary conviction will subsequently be confirmed. If no alternative measures are offered and no caution is provided, the opposition will not proceed.

It is undeniable that establishing, as a rule, such a provisional execution of money convictions implies the danger that whoever has benefited from it will not be able to return what it has perceived, if the sentence is revoked. provisionally executed. With the system of the Law of 1881 and its reforms, the caution demanded of the applicant eliminated this danger, but at the cost of overclosing the provisional execution, leaving it only in the hands of those who disputed of liquid economic resources. And at the cost of several other and not small risks: the risk of the creditor's delay in seeing his credit satisfied and the risk that the debtor would be in possession of the time of the second instance and of an eventual extraordinary appeal to prepare to avoid liability.

With the system of this Law, there is, of course, the danger that the provisional performer has taken over and then has become insolvent, but, on the one hand, this danger can be minimal in many cases with respect to those who They are in favour of a provisionally enforceable judgment. And, on the other hand, as has already been said, the Law does not refer to a declarative process for economic compensation in the event of a revocation of the provisionally executed, but to the award procedure, before the same organ that has been or is processing the provisional forced execution.

More the fundamental factor of the choice of this Law, the dangers and risks to be opposed, is the effectiveness of the judgments of the first instance, which, although it is looked at, do not fall with less substantial guarantees and (a) the right to comply with the law of the administrative procedure, within which the acts and decisions of the public authorities are issued, immediately enforceable, except for the precautionary suspension requested from the Jurisdiction and by it is granted.

This Law chooses to rely on the Courts of First Instance, the basis, in all respects, of civil justice. With this Law, they will have to issue sentences in principle immediately effective by way of provisional execution; not sentences in principle platonic, in principle ineffective, in which almost always gravite, neutralizing the solved, a appeal and a second instance as events are taken for granted.

Neither the statistics available nor the reality known for the experience of many professionals-Judges, Magistrates, lawyers, professors of law, etc.-justify a systematic, radical and general distrust of the so-called 'Justice of the first instance'. And, on the other hand, if it were not made more effective and more responsible for this Justice of the first instance, it would hardly be anything other than a reform of the Law of Civil Procedure in matters of detail, even if they were many and important.

In the face of this radical change and the opposition to the provisional execution, it seems appropriate to bear in mind that the decision of the court on such opposition is not more difficult than the one to resolve. on the request for precautionary measures. The opposing factors to be weighted in the face of the opposition to the provisional execution are not more difficult than those to be taken into consideration when precautionary measures are requested.

These are institutions, both of which, being different, pose risks of error, but risks of error that can and must be assumed in the interests of the effectiveness of judicial protection and the necessary protection of credit. The provisional enforcement is not, of course, any precautionary measure and assumes, of course, effects of more strength and intensity than the precautionary measures themselves. But in one case, in addition to reasonable opposition, there is a sentence preceded by a process with all the guarantees and, in the other, only the "good-right smoke."

This new regime of provisional execution will make sure that many more direct benefits than damages or unfair cases will be much more positive and will be very positive both the side effects of the radical innovation projected, and the diminishing resources in an exclusively dilatory mood.

With this innovation, this Law aims at a change of mentality in the pacts and in the lawsuits. In the pacts, to remember them in order to fulfill them; in the lawsuits, to face them with the perspective of taking seriously their results in a horizon much closer than the usual one. In short, it manifests itself as a non-verbal purpose of giving justice to justice. It is not permissible to attribute many errors to the courts of first instance, which, as has already been pointed out, is in contradiction with the reality of the confirmatory sentences in the second instance. In addition, a law such as this must be drawn up on the basis of a serious judicial task, in all instances and in extraordinary resources, and in no way can it be supported by accepting as a starting point an alleged or actual lack of quality in that work, defect which, in any case, no law could remedy.

XVII

As for the enforced execution itself, this Law, unlike that of 1881, presents a unitary, clear and complete regulation. An appropriate execution process is designed to be considered as a genuine executive title, whether judicial or contractual or whether it is a common or a common enforcement or mortgage guarantee, to which special attention is paid. But this substantial unity of enforced execution must not prevent the particularities which, in not a few points, are entirely logical. Thus, in opposition to enforcement, reasonable specialties according to the judicial or non-judicial character of the title or those that are necessary when the execution is directed exclusively against mortgaged or pledged goods.

No legal enforcement regime can prevent or compensate for the credit default, obviously prior to the process, or pretend that all creditors will always be satisfied with all their claims. This Law is not intended to contain a new formula in this line of utopia. But it does contain a set of rules which, on the one hand, protect much more forcefully than hitherto to the creditor whose right to have sufficient legal evidence and, on the other hand, regulate situations and problems which up to now were barely taken into account. Consideration or, quite simply, they were not legally ignored.

The Law regulates in detail the parties and subjects involved in the execution, as well as the jurisdiction, the appeals and acts of impeachment of concrete resolutions and executive actions-which are not to be confused with the opposition to enforcement and the procedural causes and arrangements of the opposition to the execution and the suspension of the enforcement process.

The incident of opposition to the execution provided for in the Law is common to all executions, with the sole exception of those whose sole purpose is the realization of a real guarantee, which has its special regime. The opposition is substance within the same enforcement process and can only be based on assessed grounds, which are different according to the title of the court or not.

Absolute novelty, in this matter, is the establishment of a regime of possible opposition to the execution of judgments and judicial titles. As is well known, the Law of 1881 kept complete silence on the opposition to the execution of sentences, creating an undesirable situation of uncertainty about its own origin, as well as on the grounds of admissible opposition and on the processing of the incident.

Without the effectiveness of these titles, which is desirable for many reasons, this Law takes into account reality and justice and allows the opposition to the execution of sentences for the following reasons: payment or compliance with the ordered in the judgment, provided that it is documented; expiration of the executive action and existence of a pact or transaction between the parties to prevent the execution, provided that the pact or transaction consists in public document. It is, as you see, a few basic causes, which cannot fail to be taken into account, as if the execution of a firm sentence could consist of automatic operations and it would be rational to do without everything as soon as possible. occur between the time the sentence was handed down and the time the execution was taken and the time the execution was being called.

The opposition to execution based on non-judicial titles is supported by the following causes: payment, which can be documented; compensation, provided that the credit that is opposed to that of the performer is liquid and is a document that has an executive force; record-holder; prescription or expiration of the right of the performer; removes, expects, or covenants not to ask for, which is documented; and transaction, consisting of a public document.

It is, as it is easy to warn, a cast of opposition causes more nourished than the one allowed in the execution of sentences and other judicial titles, but not so wide that it turns the opposition to the execution in a A dispute similar to that of a plenary declaratory judgment, which could be thwarted by the executive court. Because this Law understands extrajudicial executive titles, not as a third gender among sentences and documents that serve only as means of proof, but as genuine executive titles, that is, instruments that, to possess certain characteristics, allow the law to consider them reasonable grounds for the certainty of a debt, to the effects of the dispatch of a true enforced execution.

The opposition to the execution is not, therefore, in the case of the one that merges in extrajudicial executive titles, a sort of compensation to a supposed weakness of the title, but a demand of justice, the same as the opposition to the execution of judgments or judgments or arbitration. The difference in the extent of the opposition grounds is based on the existence, or not, of an earlier process. The documents to which very relevant procedural effects can be attributed, but without it being reasonable to consider them executive titles, find, in this Law, within the order for payment, their proper place.

Both for the execution of judgments and for the execution of non-judicial titles the opposition is also provided for due to procedural defects: it will lack the execution of the character or representation with which it is demanded, lack of capacity or representation of the executor and radical nullity of the execution dispatch.

The Law simplifies to the maximum the processing of the opposition, whatever the kind of title, referring it, in ordinary, to the provisions for the verbal judgment. On the other hand, since the opposition to the enforcement is only opened by the causes assessed, the Law expressly states that the order by which the opposition is resolved circumscribes its effects to the process of execution. If it is thought of a subsequent declarative process to the enforced execution, it is obvious that if it has been dispatched by virtue of a sentence, the force that is to be attributed will have to operate.

The suspension of the execution is also regulated in general, except for the foreclosure, which has its specific regime. The only causes of suspension which are contemplated, in addition to the result of the incident of opposition to enforcement based on non-judicial titles, are the following: interposition and admission of demand for review or termination of judgment given in rebelling; interposition of an appeal against an executive action whose performance may result in damage of difficult repair; court-supervised status of the executed and criminal prejudiciality.

With these rules, the Law establishes a balanced system which, on the one hand, allows an effective protection of the right of the executing creditor, through a limited and assessed relationship of causes of opposition and suspension, which does not undermine the effectiveness of the executive title, and which, on the other hand, does not deprive the executed debtor of the means of defence against the most serious circumstances of execution.

In the field of money execution, the Law deals primarily with the embargo or the condition of property and the guarantee of this condition, according to the different nature of what is the object of this fundamental phase of the activity. Executive court. The purpose of the embargo and its constituent acts is defined and regulated, with systematic clarity and content, the criterion of its sufficiency-with the corresponding prohibition of the indeterminate embargo-which cannot be embargoed at all or relatively, which, wrongly embargoed, must be disaffected as soon as possible, the extension or reduction of the embargo and the judicial administration as an instrument of affections of goods for the reasonable assurance of the satisfaction of the performer.

It is to be emphasized that this Law establishes the obligation of the executed to formulate manifestation of their goods, with their taxes. The court, of its own motion, shall require him in the order in which he is executed to comply with this obligation, except that the executing person, in the executive proceedings, would have pointed out the embargoed assets of the executed person, which the same performer reclaims quite a lot. In order to give practical effect to this obligation of execution, it is envisaged, apart from the warning to the debtor of the responsibilities in which it may incur, the possibility of periodic periodic penalty payments being imposed until it responds duly to the requirement. This forecast remediates one of the main defects of the Law of 1881, which was shown to be in excess of accommodating the debtor, casting on the performer and on the Judge the burden of finding the assets of the estate of the executed, without imposing on this is no collaborative duty.

But they do not start and end with the manifestation of their assets by the execution of the instruments to locate these goods for the purposes of the execution. The Law provides that, at the request of the executing person who has not at all been able to identify goods or who has not found them in number and with such qualities as to be sufficient for the good purpose of the execution, the court requires public entities and of legal and physical persons relevant data on goods and rights which may be used for the execution of their responsibility. The performer will have to explain, even if succinctly, the relationship with the executed of the entities and persons that indicates as addressees of the requirements of collaboration, since it would not be reasonable for these legal forecasts to be used torcidally for generic or devoid of any foundation property.

These measures of investigation are not established in the Law as subsidiaries of the manifestation of goods, but, when it is a forced execution that does not require a payment order, they can be remembered in the car that takes off execution and take effect immediately, which shall also be done without hearing the execution or waiting for the notification of the order of delivery of the execution to be effective, where there are reasons to believe that, in the event of a delay, the successful execution.

The terceria of dominion is no longer conceived as the defining ordinary process of the domain and with the side effect of the lifting of the embargo of the good object of the terceria, but as an incident, in the strict sense, of the execution, direct and exclusively to decide whether to disaffection or maintain the embargo. This is an option, recommended by the doctrine, which offers the advantage of not causing a delay of the execution process with respect to the corresponding good, delay which, despite the greater simplicity of the ordinary processes of this Law, cannot No longer be considered in the light of the dual instance and without the new interim enforcement regime being able to constitute an appropriate response to the problem in respect of the pending implementation.

In terms of the best-right or preference, it is maintained in this Law, but with important innovations, such as the forecast of the search for the performer or the withdrawal of the execution, as well as the Participation of the third party in the economic costs of a forced execution not promoted by him. On the other hand, contrary to the rule of law, a judgment of the court with the defining power of the credit and of its preference is necessary, even if this judgment does not prejudge other actions.

There are few changes and, above all, the order and foresight that this Law introduces in the procedure of aaward or phase of realization, prior to the approval, of the goods affected to the execution, according to their different nature. In addition to filling numerous gaps, a single auction is established, with provisions aimed at achieving, as far as possible according to the rules of the market, a more satisfactory result for the executing debtor, seeking, in addition, to reduce the cost economic.

Regardless of the improvements introduced in the regulation of the auction, the Law opens the way to alternative forced alienation that, in certain circumstances, will allow to speed up the realization and improve its performance. Thus, the agreements between the executing and the executing are regulated and the possibility that, at the request of the executing person or with his or her conformity, the Judge agrees that the good is in person or specialized entity, in the margin, therefore, of the judicial auction.

The call for auction, especially when the real estate is concerned, is regulated in a way that is more indicative of the value of the asset. The sale at auction of real estate receives the singular legislative attention it deserves, with special care about the registration aspects and the protection of third parties. In relation to the subsistence and cancellation of loads it has been chosen to maintain the system of subsistence of the loads before the charge that is executed and the cancellation of the subsequent loads, system that is supplemented by deducting from the the amount of the remaining charges to determine the value for which the buildings are to be auctioned. This solution has the advantage of ensuring that the quantities offered at the auction, however small, will always be in the interest of the pending execution, which would not always be achieved with the traditional liquidation of loads.

Another important development in the area of forced disposal of buildings concerns the regime of hearing and the eventual eviction of the occupants of the property in a process of execution. Nothing provided for the Law of 1881, which obliged the bidders, either to make costly inquiries on their own, or to make their offers in conditions of absolute uncertainty as to whether they would find occupants or not; Any occupants would have the right or not to maintain their situation and, finally, on whether, not yet having the right occupants to retain the possession of the estate, it would be necessary or not to go to a perhaps long and expensive declarative process to achieve the eviction. All this, as it is natural, did not contribute precisely to making the market for judicial auctions attractive or economically efficient.

This Law comes at the end of the problem of the occupants, first of all, that in the process of execution it is possible to have news of its existence. To this end, it is intended that, in the relation of goods to be executed, it is indicated, in relation to the real estate, whether they are occupied and, where appropriate, by whom and with which title. On the other hand, it is available that the existence of the execution to the occupants must be communicated to the persons who have been made aware through the manifestation of the goods of the executed or in any other way, giving them a period of ten days to present to the The Court of Justice of the European Court of Justice In addition, it is ordered that in the announcement of the auction be expressed, with the possible detail, the possessory situation of the building, so that the eventual bidders can assess the difficulties that would encounter an eventual eviction.

Finally, a brief incident is regulated, within the execution, that allows to immediately evict those who can be considered occupants of mere fact or without sufficient title. Only the eviction of the occupants who have justified having a title that can be sufficient to maintain possession, will require to go to the corresponding declarative process. In this way, the Law gives a prudent and balanced response to the problem posed by the occupants.

The administration for payment is also regulated more realistically, which acquires autonomy with respect to the realization by means of forced alienation. On the whole, the precepts of this Chapter IV of Book III of the Law take advantage of the great experience accumulated over the years in which, in the absence of precise rules many times, they have been highlighting various real problems and have been sought solutions and formulated proposals with good legal sense.

The Law devotes a special chapter to the particularities of the execution on mortgaged or pignorised goods. At this point, the previous regime of foreclosure is maintained, in substance, characterized by the drastic limitation of the debtor's opposition to the execution and the alleged suspension of the debtor. The Constitutional Court has repeatedly stated that this regime does not violate the Constitution and introduce substantial changes in it could seriously alter the mortgage credit market, which does not seem at all advisable.

The new regulation of the execution of mortgaged or pignorised goods represents a step forward in relation to the previous situation since, first, the Law of Civil Procedure is brought into the law of the execution process. (i) the term 'financial guarantee', which strengthens the proper judicial nature of these executions, which has been discussed at times; secondly, the execution of loans with collateral is regulated in a unitary manner; eliminating the multiplicity of regulations currently in place; and finally, (i) order the current causes of suspension of enforcement to be more appropriate, distinguishing those which constitute genuine opposition to the enforcement (extinction of the mortgage or credit guarantee and disconformity with the balance sheet); claimed by the creditor), of the alleged terceria of dominion and criminal prejudiciality, although maintaining, in all cases, the restrictive character of the suspension of the procedure.

Special mention must be made of the change concerning the non-cash execution. It was certainly necessary to amend a clearly-exceeded regulation from very different points of view. This Law introduces the coercive requirements and fines aimed at the fulfillment of the duties of doing and not doing and thus deviates considerably from the immediate inclination to the pecuniary compensation manifested in the Law of 1881. However, excessive constrictions are avoided, seeking the balance between the interest and the justice of the execution on their own terms, on the one hand, and on the other, the respect for the will and the realism of not trying to coactively achieve benefits to which the personal traits of voluntary compliance are inherent.

XVIII

Regarding the precautionary measures, this Law regulates them in a unitary set of precepts, from which they are only excluded, for the reasons that will be stated later on, those relating to the specific measures of certain civil processes. special. This is thus overcome a lamentable situation, characterized by scarce and insufficient norms, scattered in the Law of 1881 and in many other legal bodies.

The aforementioned set of precepts is not, however, the result of grouping the regulation of precautionary measures that could be considered "classic", establishing their budgets and their procedure. This Law has chosen to clearly set out the general characteristics of the measures which may be necessary to prevent the effectiveness of a future judgment from being thwarted, by profiling also general budgets and requirements, so that an open system of precautionary measures and not a limited or closed system of number. But generality and amplitude are not vagueness, inconcretion or recklessness. The Law is based on sound doctrine and jurisprudence and general acceptance.

The "fumus boni iuris" or the appearance of a good right, the danger of procedural arrears and the provision of caution are, of course, essential factors essential for the adoption of precautionary measures. The instrumentality of the precautionary measures in respect of the judgment that can be granted a concrete protection and, therefore, the accessibility and the provisionality of the measures are sufficiently guaranteed with adequate norms. It is intended, with specific provisions, that the precautionary measures do not seek for themselves, as an exclusive or primary purpose of the procedural activity. But it must be pointed out that the regime is being established in such a way that the Justiciables have more vigorous measures than they could have so far requested. It is a matter of the measures being truly effective in achieving, not only that the sentence of conviction can be executed in some way, but to prevent it from being illusory, on its own terms.

Although necessary to conjure up the "periculum in mora", the precautionary measures do not stop, as is known, other dangers and risks. Thus, it is also necessary to carefully regulate, and thus has been sought in this Law, the opposition to the precautionary measures, their reasonable substitution, revision and modification and the possible contrackets or measures that neutralize or energise the precautionary, making them unnecessary or less burdensome.

The precautionary measures may be requested prior to the commencement of the proceedings, together with the lawsuit or pending litigation. As a rule, they are not adopted without prior contradiction, but it is envisaged that, in justified cases, they can be agreed without hearing the taxable person of the intended measure. In such cases, an immediately subsequent opposition is established. In the prior hearing or in the opposition, but also later, the counterclaim may come into play that replaces the precautionary measure that is intended or has already been agreed.

In the face of some party position to attribute the knowledge and resolution about the precautionary measures to a court other than the competent one for the main proceedings, the Law chooses not to separate the jurisdiction, without prejudice to the non-submission, in respect of the process, of the action of the passive party in the proceedings relating to measures requested prior to the application of the application.

This option does not ignore the risk that the decision on precautionary measures, prior to the demand or already in the process, will create some prejudices or impressions in favor of or against the position of a party, which may influence the sentence. However, in addition to the fact that this risk also exists outside the precautionary measures, because the prejudice could be generated in the pre-trial hearing or after the reading of the demand and response, this law is based on a double consideration.

Considers the Law, on the one hand, that all Judges and Magistrates are in a position to overcome provisional impressions in order to deal impartially with the successive claims of the parties and to abide, in short, to the proven facts and the law to be applied.

And, on the other hand, it is not lost sight that the precautionary measures must always be related to what is intended in the main process and even with vicissitudes and circumstances that can vary during its pendency, which is the body responsible for such a process, which is in the best position to resolve, in particular if the possibility of raising and amending the measures or their replacement by an equitable contract is taken into account. All of this, not having the least procedural complexity that involves not separating the competition.

XIX

The Act establishes the essential special processes.

First of all, those who, with unequivocal and indisputable particularities, are to be used as a means of litigation in matters of capacity, affiliation and marriage. It is thus brought to the common procedural law, ending with a deplorable situation, which in it must be, but that has so far been due to be traced or even deduced from superlatively scattered, obscure and problematic provisions.

Secondly, the processes of judicial division of patrimonies, under which the judicial division of the estate is regulated and the new procedure for the liquidation of the matrimonial property regime, that will allow solving such issues that they have not been willing or able to resolve without a judicial dispute. And finally, two processes in a certain way more novel than the previous ones: the order for payment and the currency process.

With regard to the processes in which the principle of the device does not govern or its influence must be qualified by reason of an incontestable public interest inherent in the procedural object, the Law is not limited to codifying, but with full respect to the substantive rules, of which the process must be instrumental, designs simple procedures and pays singular attention to the real problems shown by the experience. These are the specific precautionary measures which are envisaged and which, in the interests of the practical advantages of a whole and complete procedural regulation on these matters, are inserted into these special processes, rather than being carried out in accordance with the Systematic criteria, perhaps theoretically more perfect, to the general regulation of such measures.

For the judicial division of inheritance, the Law designs a much simpler and less expensive procedure than the trial of the testamentary of the Law of 1881. In addition to this procedure, another specifically designed to serve as a channel for the judicial settlement of the matrimonial property regime is regulated, with which there is a response to the imperative need for clear procedural regulation in this area. which has been repeatedly revealed during the validity of the preceding legislation.

As for the order for payment procedure, the Law is confident that, through the channels of this procedure, effective in several countries, it will have rapid and effective protection of the liquid money credit of many individuals and, in particular, of Middle and small business professionals and entrepreneurs.

In summary, this procedure is initiated by application, for which forms or forms may be used, addressed to the Court of First Instance of the debtor's domicile, without the need for intervention by the attorney general. Key to this process is that the application will provide documents that will provide a basis for a good legal appearance of the debt. The law establishes general and other specific or typical cases. It should be noted that the effectiveness of the documents in the order for payment procedure is harmoniously complemented by the strengthening of the effectiveness of genuine out-of-court executive titles.

If it is the documents that the law itself considers the basis of that appearance or if the court so understands, who appears as debtor is immediately placed before the option of paying or "giving reasons", so that if the The debtor does not appear or is not opposed, it is sufficiently justified to issue execution, as available. On the other hand, if "reasons" are "given", that is, if the debtor objects, his discrepancy with the creditor is caused by the procedural channels of the judgment that corresponds according to the amount of the claimed debt. This judgment is understood as an ordinary and plenarian process and therefore, in principle, to be completed by judgment with the force of res judicata.

If the debtor does not appear or is not opposed, enforcement is issued as provided for in court rulings. Within this enforcement, there is limited opposition in place, but with the particularity that the transition to an ordinary process in which the same debt is claimed or the return of what could be obtained in the execution is closed. derived from the order for payment. This closure of the possibilities for litigating is consistent and consistent with the double opportunity of defence that the debtor assists him and it is necessary to make the order for payment effective.

It should be noted, finally, regarding the order for payment procedure, that the Law does not ignore the reality of the regulations of other countries, in which this singular channel is not limited by reason of the amount. But it has been considered more prudent, by introducing this instrument of judicial protection into our civil procedural system, to limit the amount to a reasonable amount, which allows the processing of non-excessively high money claims, Even higher than the quantitative limit established for verbal judgment.

The currency judgment, for its part, is only the procedural channel that deserves the credits documented in bills of exchange, cheques and promissory notes. This is a singular judicial protection, instrumental in the provisions of the special law on those instruments of legal traffic. The effective protection of currency credit is ensured by the immediate preventive embargo, which automatically becomes an executive if the debtor does not have an opposition or if it is rejected. Outside the cases of the opposition's estimation, the preventive embargo can only be raised in the light of the firm's claim that the firm is false or that there is no absolute representation, thus, in this law, a system of judicial protection of the Currency credit for effectiveness strictly equivalent to that of the repealed legislation.

XX

By means of the second and third provisions, it is intended, on the one hand, to make possible the updates and adjustments of the amount which in the future are suitable, among which the one determined by the the introduction of the euro and, on the other hand, the effective provision of new material means for the constancy of views, hearings and hearings.

As regards the second additional provision, the maintenance of the amount in pesetas together with the amount in euro, in certain cases, is due to the purpose of facilitating the determination of the procedure to be followed in the first instance. (i) the possibility of access to certain resources and the possibility of access to certain resources, avoiding the conversion of the amounts found in documents and records, perhaps long outside the currency, into the European currency, in which the quantification should be based.

The transitional arrangements provide for, in accordance with rational criteria of easy understanding and application, the problems which may arise in respect of the pending processes of the law, after the adoption of the a year provided for in the relevant final provision. The general criterion, which is applied to the different cases, is the most rapid effectiveness of the new law.

The repeal provision contains a large number of rules, as a result of the very nature of this Law and its commitment to avoid the simple general repeal clause, as provided for in the second paragraph of Article 3 (2) of the Treaty. 2 of the Civil Code. The easy file of the mere general clause is not only reproachable from the point of view of the legal technique and, in particular, of the legislative technique, but it often generates serious problems.

In its first paragraph, the repeal provision refers, first, to the same Civil Procedure Act of 1881, with necessary temporary exceptions to the general repeal, due to future regulatory laws of the (a) insolvency proceedings, voluntary jurisdiction and international legal cooperation in civil matters.

In addition, procedural precepts have been repealed up to now of twenty different laws, as well as, inter alia, the Decree of 21 November 1952, on the procedural rules of Municipal Justice, and the Decree-Law on companies of 20 October 1969. On numerous occasions, these precepts are replaced by new rules in this Law. Other times, they integrate into it. And, in certain cases, they are modified by means of final provisions, of various kinds, to which reference will be made immediately.

As far as the Civil Code is concerned, it should be noted that, while the rules concerning the means of proof are deleted, those provisions relating to documents which may be relevant, and not small, in the legal traffic. Some of those precepts that remain expressly mention the test, but, in addition to not being contradictory, but harmonics, with those of this Law, it has to be understood that they deal with the extra-judicial certainty and effectiveness. The root cause of these rules has been that they should not be repealed, without prejudice to the possibility that, in future, they will be improved.

As for the final provisions, some are limited to bringing the referrals of special laws into line with the Civil Procedure Act. Others, however, modify the wording of certain precepts because of the innovations contained in this Law. Such is the case, for example, of certain paragraphs of Article 15 and of the additional provision of the Law on the Sale of Goods to Furniture. Introduced in our order the order for payment procedure and expressly mentioned in the law the debts due to the deadlines imposed against the previewed in the contracts regulated in that law, it seems obliged that the virtuality consisting in carrying out execution, attributed to certain titles, should be accommodated to the provisions of this.

The amendment of Article 11 of the Arbitration Act is required by the change in the procedural treatment of the jurisdiction that this Law operates. But it must also help to strengthen the effectiveness of the arbitral institution, as it will be possible, henceforth, that the submission to arbitrators will be enforced within the judicial process in such a way that the court will abstain from knowing at the beginning, and not the final, of this process, as was the case as a result of setting the compromise claim as a delaying exception.

The reforms in the Mortgage Law, studied with singular attention, seek to co-honor the regulation of this Law with the greatest integrity and clarity of that law. Certain changes in the procedural and criminal laws are also necessary, with complete regulation of abstention and recusal in the corresponding processes and some other specific extremes. In criminal procedural law, it is appropriate to amend the precept relating to the working days and hours for the judicial proceedings of instruction.

On the line followed by this Law in order to facilitate the provision of deposits or the constitution of deposits, the additional provision of the Law on Civil and Safe Liability in the Circulation of Vehicles is reformed. Engine. What matters to the Administration of Justice, because of the legitimate rights and interests of many Justiciables, is not that other Justiciables have cash in place to allocate it to deposits and rubes, but, at the time, some of them certain sums of money can immediately be allocated to the purposes laid down by law.

PRELIMINARY TITLE

Of the procedural rules and their application

Article 1. Principle of procedural legality.

In civil proceedings, the courts and those before them should act in accordance with the provisions of this Law.

Article 2. Application in the time of civil procedural rules.

Unless otherwise provided for in legal provisions of transitional law, the cases which correspond to the civil courts will always be substantiated by the civil courts in accordance with the existing procedural rules, which will never be retroactive.

Article 3. Territorial scope of civil procedural rules.

With the sole exceptions that may be provided for by the international treaties and conventions, the civil proceedings that follow in the national territory will be governed solely by the Spanish procedural rules.

Article 4. A supplementary nature of the Civil Procedure Act.

In the absence of provisions in the laws governing criminal proceedings, administrative, labor and military disputes, the provisions of this Law shall apply to all of them.

BOOK I

Of the general provisions regarding civil judgments

TITLE I

From the appearance and acting in judgment

Article 5. Classes of judicial protection.

1. The courts may seek the judgment of a given benefit, the declaration of the existence of rights and legal situations, the constitution, modification or extinction of the latter, the execution, the adoption of precautionary measures. and any other kind of guardianship that is expressly provided for by law.

2. The claims referred to in the preceding paragraph shall be made before the court which is competent and in respect of the persons to whom the decision is to be taken.

CHAPTER I

Of the ability to be a part, the procedural capacity and the legitimization

Article 6. Ability to be a part.

1. They will be able to be part of the proceedings before the civil courts:

1. The physical persons.

2. The conceived unborn, for all the effects that are favorable to him.

3. º Legal persons.

4. The heritage masses or separate assets that are not temporarily owned or whose owner has been deprived of their powers of disposition and administration.

5. The entities without legal personality to which the law recognizes the capacity to be a party.

6. The Fiscal Ministry, with respect to the processes in which, in accordance with the law, you have to intervene as a party.

7. The groups of consumers or users affected by a harmful event when the individuals who compose it are determined or are easily determinable. In order to sue, it will be necessary for the group to become the majority of those affected.

2. Without prejudice to the liability which, in accordance with the law, may correspond to the managers or the unit-holders, the entities which, having not complied with the legally established requirements to constitute themselves, may in any event be sued. legal persons are formed by a plurality of personal and property assets placed at the service of a particular purpose.

Article 7. Appearance on trial and representation.

1. Only those who are in the full exercise of their civil rights may appear in court.

2. Natural persons who are not in the case of the previous paragraph shall be represented by the representation or with the assistance, authorisation, qualification or defender required by law.

3. For those conceived and unborn, people who would legitimately represent them will be compared if they have already been born.

4. Legal persons will appear legally to represent them.

5. The separate heritage or heritage masses referred to in paragraph 1 (4) of the previous Article shall be brought into trial by those who, in accordance with the law, administer them.

6. The entities without personality referred to in paragraph 1 (5) of the previous Article shall be brought into trial by the persons to whom the law, in each case, attribute the representation in judgment of those entities.

7. The entities without personality referred to in paragraph 1 (7) and (2) of the previous Article shall make a judgment in the case of persons who, in fact or under the entity's covenants, act on their behalf against third parties.

Article 8. Integration of procedural capacity.

1. Where the natural person is in the case of the second paragraph of the previous article and there is no person legally representing or assisting him to appear on trial, the court shall appoint him, by means of providence, a judicial defender, who assume its representation and defense until the person is appointed.

2. In the case referred to in the previous paragraph and in the other cases where a judicial defender is appointed to the defendant, the Prosecutor's Office shall assume the representation and defense of the defendant until the appointment of the defendant occurs.

In any case, the process will be put on hold until the intervention of the Prosecutor's Office is recorded.

Article 9. Ex officio assessment of the lack of capacity.

The lack of capacity to be a party and a procedural capacity may be appreciated by the court at any time in the proceedings.

Article 10. Condition of legitimate procedural part.

It will be considered legitimate parties who appear and act in the judgment as holders of the legal relationship or litigation object.

The cases in which the law is attributed to a person other than the holder are excepted.

Article 11. Legitimization for the defense of rights and interests of consumers and users.

1. Without prejudice to the individual legitimisation of the injured parties, the associations of consumers and legally constituted users shall be entitled to defend the rights and interests of their associates and those of the association, as well as the general interests of consumers and users.

2. Where those who are harmed by a harmful event are a group of consumers or users whose components are perfectly determined or are easily determinable, the legitimation to seek the protection of these collective interests corresponds to associations of consumers and users, to legally constituted entities which have as their object the protection or protection of such entities, as well as to the groups themselves concerned.

3. Where those who are harmed by a harmful event are a plurality of consumers or users who are indeterminate or are difficult to determine, the legitimisation to demand the defence of these diffuse interests will be exclusively for the consumer and user associations which, in accordance with the Law, are representative.

CHAPTER II

From the plurality of parts

Article 12. Litisconsortium.

1. A number of persons, such as plaintiffs or defendants, may be brought to trial when the actions being exercised come from the same title or cause of order.

2. Where, for the purpose of the judgment, the requested judicial protection can only be made effective against a number of jointly considered subjects, all of them must be sued, such as litisconortes, unless the law provides for expressly otherwise.

Article 13. Intervention of subjects originally not plaintiffs or defendants.

1. As long as a process is pending, you may be admitted as a plaintiff or defendant, who can prove you have a direct and legitimate interest in the outcome of the suit. In particular, any consumer or user may intervene in the processes established by the legally recognised entities for the defence of the interests of those entities.

2. The application for action shall not suspend the course of proceedings. The court shall decide by order, after hearing the parties, within the common period of 10 days.

3. If the intervention is accepted, the action will not be taken back, but the intervener will be considered a party in the process for all intents and purposes and may defend the claims made by his or her litisconsort or those which the intervener himself formulates, if have a procedural opportunity to do so, even if your litisconsort renounces, searches, desists or departs from the procedure for any other cause.

The intervener will also be allowed to make the necessary arguments for his defense, which he has not carried out by corresponding to procedural moments prior to his admission in the process. Such claims shall in any event be transferred to the other parties for a period of five days.

The intervener may also use the remedies against the decisions which he considers to be prejudicial to his interest, even if he consents to them.

Article 14. Intervention caused.

1. If the law allows the plaintiff to call a third party to intervene in the proceedings without the quality of the defendant, the request for intervention must be made in the application, unless otherwise expressly provided by law. Admitted by the court of entry into the process of the third party, the latter shall have the same powers of action as the law grants to the parties.

2. Where the law allows the defendant to call a third party to intervene in the proceedings, the following rules shall be followed:

1. The defendant shall request the court to be notified to the third party of the judgment. The application must be submitted within the time limit for the reply to the application or, in the case of a verbal judgment, before the day indicated for the hearing.

2. The court shall hear the plaintiff within ten days and shall resolve by order of action. The notification shall be agreed upon, the third party shall be placed to reply to the claim in the same manner and in identical terms to those established for the defendant's placement. If it is a verbal judgment, the court by means of providence will make new point for the view, citing the parties and the third called to the process.

3. The term granted to the defendant to answer the claim shall be suspended from the application referred to in Rule 1 and shall be resumed with the notification to the defendant of the dismissal of his or her request or, if estimated, the transfer of the defence submitted by the third party and, in any event, the expiry of the period granted to the third party in order to respond to the application.

4. If the third party has appeared, the defendant shall consider that his place in the proceedings must be occupied by him, shall be carried out in accordance with the provisions of Article 18.

Article 15. Advertising and intervention in processes for the protection of collective and diffuse rights and interests of consumers and users.

1. In processes promoted by associations or entities constituted for the protection of the rights and interests of consumers and users, or by the groups affected, the process shall be called to those who have the condition of being harmed by have been consumers of the product or users of the service that gave rise to the process, so that they assert their right or individual interest. This appeal shall be made by the publication of the admission of the claim in the media with dissemination in the territorial area in which the injury of those rights or interests has been manifested.

2. In the case of a process in which the injured parties are determined or are easily determined, the applicant or the applicants must have communicated the application in advance to all the parties concerned. In this case, following the appeal, the consumer or user may intervene in the proceedings at any time, but may only perform the procedural acts that they have not preclued.

3. In the case of a process in which the harmful event affects a plurality of persons who are indeterminate or difficult to determine, the appeal shall suspend the process for a period not exceeding two months and which shall be determined in accordance with Article 3 (2) of the Treaty. each case taking into account the circumstances or complexity of the event and the difficulties of determination and location of the injured parties. The process will be resumed with the intervention of all those consumers who have come to the appeal, not admitting the individual personation of consumers or users at a later time, without prejudice that they can assert their rights or interests in accordance with Articles 221 and 519 of this Law.

CHAPTER III

Procedural succession

Article 16. Procedural succession by death.

1. When "mortis causa" is transmitted, the object of the judgment, the person or persons who happen to the deceased may continue to occupy in that judgment the same position as it is, for all purposes.

Communicated the death of any litigant for whom it must succeed, the court shall suspend the proceedings and, after transfer to the other parties, accredited the death and the title of succession and completed the relevant formalities, shall, where appropriate, have the successor in the name of the deceased litigator, taking it into account in the judgment given.

2. Where the death of a litigator is recorded by the court and the successor is not made up within five days, the other parties shall be allowed to ask, with the identification of the successors and their domicile or residence, to be notified to them. the existence of the process, providing them to appear within ten days.

Agreed upon notification, process will be suspended until the successors appear or the deadline for the appearance is complete.

3. Where the deceased litigant is the defendant and the other parties do not know the successors or they cannot be located or do not wish to appear, the process shall continue to be declared by the defendant's default.

If the deceased litigant is the plaintiff and his successors are not personified by any of the first two circumstances expressed in the preceding paragraph, it shall be understood that there has been withdrawal, unless the defendant is (b) where the provisions of the third paragraph of Article 20 apply. If the non-personation of the successors is due to the fact that they do not wish to appear, the plaintiff shall be deemed to give up the action exercised.

Article 17. Succession by transmission of the litigious object.

1. Where a judgment has been transmitted, pending a judgment, the acquirer may request, by crediting the transfer, that he be held as a party to the position held by the transferor. The court will provide this petition by ordering the suspension of the proceedings and will hear for ten days the other party.

If the latter does not object within that period, the court shall, by order, lift the suspension and arrange for the acquirer to take up the position which the transfer has on him.

2. If, within the period granted in the preceding paragraph, the other party is opposing the entry into the judgment of the acquirer, the court shall decide by way of order that it considers appropriate.

The pretense shall not be accessed when that party accredits that it is competent for rights or defenses which, in relation to what is the subject of the judgment, can only assert against the transmitting party, or a right to reconquer, or which hangs a counterclaim, or if the change in part could make their defence more difficult.

When the intent of the acquirer is not accessed, the transmitte shall continue in the trial, with the exception of the private legal relations between the two.

Article 18. Succession in cases of intervention caused.

In the case referred to in Rule 14 (2) of Article 14, the application filed by the defendant shall be transferred to the other parties to the case that they are entitled to the right, for a period of five days, to decide then the court, by means of order, that which results in order to the convenience or not of the succession.

CHAPTER IV

From the power of disposition of the parties to the process and its claims

Article 19. Right of disposition of litigants. Transaction and suspension.

1. The litigants are empowered to dispose of the object of the trial and will be able to resign, desist from the trial, be raided, submit to arbitration and compromise on whatever is the subject of it, except when the law prohibits or establishes limitations on the subject. reasons of general interest or for the benefit of third parties.

2. If the parties seek a court settlement and the agreement or agreement reached in accordance with the provisions of the preceding paragraph, it shall be approved by the court which is aware of the dispute to which it is intended to terminate.

3. The acts referred to in the preceding paragraphs may, according to their nature, be carried out at any time of the first instance or of the resources or execution of the judgment.

4. The parties may also request the suspension of the process, which shall be agreed, by order, by the court, provided that it does not prejudice the general interest or the third party and that the period of suspension does not exceed 60 days.

Article 20. Waiver and withdrawal.

1. Where the actor declares his or her resignation from the action or the right in which he claims, the court shall give judgment by absolving the defendant, unless the waiver is legally inadmissible. In this case, you will be self-ordered to follow the process forward.

2. The plaintiff may unilaterally desist from the judgment before the defendant is placed to respond to the lawsuit or cited for judgment. It may also unilaterally desist, at any time, when the defendant is in absentia.

3. The defendant, written of withdrawal, will be given a transfer for ten days.

If the defendant is to give its consent to the withdrawal or shall not object to it within the time limit stated in the preceding paragraph, the court shall give a right of dismissal and the actor may promote a new judgment on the same person. object.

If the defendant object to the withdrawal, the judge will decide what it deems appropriate.

Article 21. Search.

1. Where the defendant is in full compliance with all the claims of the actor, the court shall give a judgment of conviction in accordance with the request of the actor, but if the break-in is made in law-fraud or a waiver against the general interest or Third, self-rejecting will be given and the process will follow.

2. In the case of a partial break-in, the court may, at the request of the applicant, immediately order the court to order the form of order sought. To this end, it will be necessary, by the nature of these forms of order, to make a separate statement which does not prejudge the remaining non-raided issues, in respect of which the process will continue. This order shall be enforceable in accordance with the provisions of Articles 517 et seq. of this Law.

Article 22. Termination of the process by extra-procedural satisfaction or lack of object. Special case for the energy of the eviction.

1. When, for circumstances exceeding the demand and the counterclaim, I shall cease to have any legitimate interest in obtaining the intended judicial remedy, because the claims of the actor and, where appropriate, the defendant have been satisfied, outside the proceedings. The court and, if the parties agree, the termination of the proceedings shall be determined by order of the court and, if the parties agree, the termination of the proceedings shall be determined.

The process termination order will have the same effects as a firm absolute judgment, without any costs being ordered.

2. If any of the parties held the subsistence of legitimate interest, in a reasoned denial that they have been satisfied after their claims or with other arguments, the court shall summon the parties to an appearance on that sole within ten days.

The court will decide by order, within the next ten days, whether or not to continue the trial, imposing the costs of these actions to those who have rejected their claim.

3. No recourse shall be made against the order ordering the continuation of the trial. Against which he agrees to his termination, he will appeal an appeal.

4. The process of the eviction of an urban estate due to the lack of payment of the rent or the amounts due by the tenant will end if, before the celebration of the hearing, the tenant pays the actor or makes available to the court or notarially the the amount of the amounts claimed in the claim and the amount of the amounts claimed at the time of the energy payment of the eviction.

The provisions of the preceding paragraph shall not apply where the tenant had energized the eviction on a previous occasion, nor when the lessor had required the tenant to pay, by any means, at least four months in advance of the filing of the claim and the payment would not have been made at the time of such filing.

CHAPTER V

From procedural representation and technical defense

Article 23. Intervention by procurator.

1. The court hearing will be through a legally-empowered attorney to act in the court that knows the trial.

2. By way of derogation from the above paragraph, the litigants may themselves appear:

1. º In verbal judgments the amount of which does not exceed one hundred and fifty thousand pesetas and for the initial request of the order for payment procedures, as provided for in this Law.

2. º In universal judgments, when the appearance of the presentation of titles of credit or rights is limited, or to attend to Juntas.

3. In incidents relating to the impeachment of resolutions on legal aid and when urgent measures are requested prior to the trial.

Article 24. Attorney's proxy.

1. The power in which the party grants its representation to the prosecutor shall be authorized by a notary or be conferred by appearance before the Judicial Secretary of the court to hear the case.

2. The deed of power shall be accompanied by the first letter which the prosecutor present or, where appropriate, when the first action is taken; and the award of "apud acta" shall be made at the same time as the presentation of the first letter or, if appropriate, before the first performance.

Article 25. General power and special power.

1. The general power for litigation shall entitle the prosecutor to perform validly, in the name of his power, all procedural acts understood, in ordinary, in the processing of those.

The power of attorney may, however, exclude from the general power matters and actions for which the law does not require special empowerment. The exclusion shall be stated expressly and unequivocally.

2. Special power will be required:

1. º For the waiver, the transaction, the withdrawal, the search, the submission to arbitration and the manifestations that may result from the process for the extra-procedural satisfaction or the lack of object.

2. To exercise the powers that the power would have excluded from the general power, in accordance with the provisions of the previous paragraph.

3. º In all other cases where the laws so require.

3. Acts which, in accordance with the law, must be carried out in person by the litigants shall not be carried out by procurator.

Article 26. Acceptance of power. Attorney's duties.

1. The acceptance of the power is presumed by the fact of using from him the prosecutor.

2. Accepted power, the prosecutor will be obliged:

1. To pursue the matter as long as it does not cease to be represented by any of the causes expressed in Article 30.

2. To transmit to the lawyer chosen by his or her client or himself, when this extends the power, all the documents, antecedents or instructions that are sent to him or he can acquire, doing how much he leads to the defense of the interests of his power, under the responsibility that the laws impose on the president.

When you do not have instructions or are insufficient to be sent by the power, you will do whatever the nature or nature of the matter requires.

3. To have the power and the lawyer always aware of the course of the matter entrusted to him, passing on the second copies of all the resolutions notified to him and of the writings and documents that are moved by the court or by the procurators of the other parties.

4. To move the writings of his/her power and counsel to the procurators of the other parties in the manner provided for in Article 276.

5. To collect from the lawyer who ceases in the direction of a case copies of the written and other documents and other records which refer to the subject matter, to be delivered to the person who is responsible for continuing it or the power.

6. To immediately communicate to the court the impossibility of fulfilling any action that you have entrusted to you.

7. º To pay all expenses that will be caused to your instance, except the attorneys ' fees and those corresponding to the experts, unless the power has given you the necessary funds for your credit.

Article 27. Supplementary right on proxy.

In the absence of an express provision on the relations between the power and the prosecutor, the rules established for the mandate contract shall be governed by the applicable civil law.

Article 28. Passive representation of the procurator.

1. As long as the power is in force, the attorney general shall hear and sign the sites, citations, requirements and notices of all classes, including those of judgments relating to his party, during the course of the case and until the end of the proceedings. executed the sentence, having these performances the same force that if it intervenes in them directly the migherant without it being lawful to ask that they be understood with this one.

2. The Attorney General shall also receive, for the purposes of notification and deadlines or terms, copies of the documents and documents which the procurators of the other parties give to him in the manner set out in Article 276.

3. In all judicial buildings that are the seat of civil courts, there will be a service of receipt of notifications organized by the College of Attorneys. The receipt by that service of the notifications and copies of documents and documents which are supplied by the procurators for the purpose of their transfer to those of the other parties shall have full effect. The copy to be completed for the receipt shall be given the number of copies delivered and the name of the procurators to whom they are intended.

4. Except as provided for in the preceding paragraphs, the transfers, locations, citations and requirements that the law provides for the litigants to be practiced in person.

Article 29. Provision of funds.

1. The power of attorney is obliged to provide funds to the attorney general, as established by the applicable civil law for the contract of mandate.

2. If, after a process is initiated, the power will not enable your prosecutor with the necessary funds to continue it, you may be asking that you be the one to verify it.

This claim will be deducted in the court hearing the case, which will give the power to the power for the period of ten days and will resolve by order, where appropriate, the amount it deems necessary and the the time limit for delivery, under the award warning.

Article 30. Attorney's cessation.

1. The prosecutor will cease in his representation:

1. º For the express or tacit revocation of power, after the record in the cars. The power by the subsequent appointment of another prosecutor who has been personified in the case shall be tacitly revoked.

If, in the latter case, the procurator who is acting in the judgment will raise a question about the effective existence or validity of the representation which is attributed to him seeking to replace him, the court, after hearing of the person or persons who appear as grants of the respective powers, will resolve the issue by means of self.

2. º By voluntary resignation or by ceasing in the profession or being sanctioned with the suspension in your exercise. In the first two cases, the prosecutor will be obliged to put the fact, in advance and in a feisty manner, in the knowledge of his power and the court. In the event of suspension, the corresponding College of Attorneys will inform the court.

As long as you do not credit the cars with the waiver or the cessation and you have to resign or cease, you will not be able to abandon the representation of your power, in which you will continue until you provide to the designation of another within ten days. After these have not been designated a new prosecutor, you will have to be at that one for definitely a section of the representation that you have been showing.

3. No. By death of the power or attorney.

In the first case, the prosecutor will be obliged to bring the fact to the attention of the court, crediting in form the death and, if I do not present new power of the heirs or causeholders of the finado, will be provided for in Article 16.

When the prosecutor dies, the person will be made aware of the death, in order to proceed with the appointment of a new prosecutor within ten days.

4. The power of the pretense or the opposition that has been formulated and, in any case, to have ended the matter or to have completed the act for which the power has been granted.

2. Where the power has been granted by the legal representative of a legal person, the administrator of a separate estate or estate, or the person who, in accordance with the law, acts in judgment representing an entity with no personality, changes in the representation or administration of such legal persons, property masses or separate assets, or entities without personality shall not extinguish the power of the prosecutor or give rise to new personation.

Article 31. Advocate intervention.

1. The litigants will be led by lawyers entitled to exercise their profession in the court hearing the matter. You may not be provided with any application that does not lead to the law firm.

2. Except only:

1. The verbal judgments of which the amount does not exceed one hundred and fifty thousand pesetas and the initial request for the monitoring procedures, as provided for in this Law.

2. The writings that are intended to be personified in judgment, to request urgent measures prior to the trial or to request the urgent suspension of views or actions. Where the suspension of views or actions being sought is based on causes which relate in particular to the lawyer, the lawyer must also sign the document if possible.

Article 32. Non-mandatory intervention by a lawyer and prosecutor.

1. Where, in the absence of a mandatory intervention by a lawyer and a prosecutor, the plaintiff intends to appear for himself and to be defended by a lawyer, or to be represented by an attorney, or to be assisted by both professionals at the same time, he shall record it. as well as the demand.

2. Received notification of the application, if the defendant sought to avail himself of a lawyer and a prosecutor, he shall inform the court within the following three days, and may also request, where appropriate, the recognition of the right to free legal assistance. In the latter case, the court may agree to suspend the proceedings until the recognition or refusal of such right or the provisional designation of lawyer and procurator occurs.

3. The right to attend the proceedings with the assistance of the professionals referred to in paragraph 1 of this Article shall also be the case of the defendant, where the actor is not assisted by a lawyer or an attorney. The defendant shall inform the court of its decision within three days of the notification of the application, giving the actor a statement of that circumstance. If the complainant would then also avail himself of a lawyer and prosecutor, he shall inform the court within three days of receipt of the notification, and, if he requests the recognition of the right to legal aid, may agree to the suspension in the terms prevented in the previous paragraph.

4. In the notification in which the intention of the opposing party to serve as a lawyer and a prosecutor is communicated to one party, it shall be informed of the right to which it is entitled under Article 6.3 of the Law on Legal Aid, in order to ensure that can make the corresponding request.

5. Where the intervention of lawyer and procurator is not mandatory, the eventual conviction on the costs of the party contrary to that which has been served by such professionals shall be excluded the rights and fees accrued by them, except that the The Court held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that Article 394 (3) of this Law.

Article 33. Designation of Attorney and Attorney.

1. Apart from the cases of designation of office provided for in the Law of Free Legal Assistance, it is up to the parties to hire the services of the attorney general and the attorney they have to represent and defend in judgment.

2. However, the litigant who is not entitled to free legal assistance may request that he be appointed as a lawyer, procurator or both professional, where his intervention is mandatory or where, not so, the opposing party has communicated to the court to act defended by counsel and represented by procurator.

These requests will be made and decided in accordance with the provisions of the Law of Free Legal Assistance, without the need to prove the right to obtain such assistance, provided that the applicant undertakes to pay the fees and rights of the professionals to be appointed.

Article 34. Prosecutor's account.

1. Where a prosecutor has to require the amounts owed by him for the rights and expenses which he has provided for the case, he shall present to the court in which he is based on a detailed and justified statement of reasons. that they are due and not satisfied the quantities that they result from and claim. The same right that the procuratorate will have their heirs with respect to the credits of this nature that those who will leave them.

2. The account shall be submitted to the authority to pay the sum, to the costs, or to challenge the account within ten days of the award of the award if I do not pay or make any objection.

If, within that period, the power is opposed, the court shall examine the account and the proceedings, as well as the documentation provided and shall, within 10 days, determine the amount of the be satisfied to the procurator, under the award warning if the payment is not made within five days of the notification.

The order referred to in the preceding paragraph shall not be subject to appeal, but shall not prejudge, or even partially, the judgment which may be held in subsequent ordinary judgment.

3. If the power does not object within the prescribed time limit, execution shall be issued for the amount to which the account ascends, plus the costs.

Article 35. Attorneys ' fees.

1. The lawyers may claim against the party to whom they defend the payment of the fees they have accrued in the case, submitting detailed minutes and formally stating that these fees are due to them and have not been satisfied.

2. This complaint shall be filed with the debtor to be required to pay the sum, with the costs, or contest the account within ten days of the award of the award if I do not pay or make any objection.

If, within the said period, the fees are contested for undue reasons, the second and third paragraphs of paragraph 2 of the previous article shall be subject to the provisions.

If the fees are to be contested for excessive, they shall be pre-regulated in accordance with the provisions of Articles 241 et seq., unless the lawyer accredits the existence of a prior written budget accepted by the challenge, and shall be issued by self-fixing the amount due, under the award warning if it is not paid within five days of the notification.

That order shall not be subject to appeal, but shall not prejudge, even in part, the judgment which may be held in subsequent ordinary judgment.

3. If the debtor of the fees does not object within the prescribed period, execution shall be issued for the amount to which the minute, plus the costs.

TITLE II

From jurisdiction and jurisdiction

CHAPTER I

From the jurisdiction of civil courts and questions for a preliminary ruling

SECTION 1 OF THE EXTENSION AND LIMITS OF THE JURISDICTION OF CIVIL COURTS

Article 36. Extension and limits of the civil court order. Lack of international competition.

1. The extent and limits of the jurisdiction of Spanish civil courts will be determined by the provisions of the Organic Law of the Judiciary and in international treaties and conventions in which Spain is a party.

2. The Spanish civil courts shall refrain from knowing the matters to be submitted to them when any of the following conditions are met:

1. When a request has been made or requested to be executed in respect of subjects or property that enjoy immunity from jurisdiction or enforcement in accordance with the rules of International Public Law.

2. When, pursuant to an international treaty or convention in which Spain is a party, the matter is attributed exclusively to the jurisdiction of another State.

3. When the defendant is not present in due form, in cases where the international jurisdiction of the Spanish courts could only be founded on the tacit submission of the parties.

Article 37. Lack of jurisdiction. Abstention from civil courts.

1. Where a court of civil jurisdiction considers that the case submitted to it is a matter for military law, or for a public administration or the Court of Auditors when acting in its accounting functions, it shall abstain from know.

2. They shall also refrain from knowing the civil courts when they are subject to matters of which they are responsible for hearing the courts of another court of ordinary jurisdiction. Where the Court of Auditors exercises judicial functions, it shall be understood as being in the administrative-administrative order.

Article 38. An ex officio assessment of the lack of international jurisdiction and jurisdiction.

The abstention referred to in the two preceding articles will be agreed upon ex officio, with a hearing of the parties and the Prosecutor's Office, as soon as the lack of international competition or the lack of jurisdiction is noticed. for the subject matter to another court order.

Article 39. Assessment of the lack of international jurisdiction or jurisdiction at the request of a party.

The defendant may report by declinatory the lack of international jurisdiction or the lack of jurisdiction to belong to the case to another court order or to have submitted to arbitration the dispute.

SECTION 2 OF THE PRELIMINARY QUESTIONS

Article 40. Criminal prejudiciality.

1. Where the civil court, in a civil proceedings, reveals a fact which offers the appearance of a crime or a mis-perseable offence, the civil court shall, by means of providence, bring it to the attention of the Prosecutor's Office, in case of the exercise of the criminal action.

2. In the case referred to in the previous paragraph, the suspension of the proceedings of the civil proceedings shall not be ordered, but where the following circumstances are met:

1. That the existence of a criminal cause in which they are being investigated, such as acts of criminal appearance, some or some of which are based on the claims of the parties in the civil proceedings, is credited.

2. That the decision of the criminal court concerning the fact that it proceeds in criminal proceedings may have a decisive influence on the resolution on the civil case.

3. The suspension referred to in the previous paragraph shall be agreed, by means of order, once the process is pending only in judgment.

4. However, the suspension that is motivated by the possible existence of a crime of falsehood of any of the documents provided will be agreed, without waiting for the conclusion of the procedure, as soon as it is established that it follows criminal cause on that offence, when, in the court's judgment, the document could be decisive in resolving the merits of the case.

5. In the case referred to in the preceding paragraph, the suspension shall not be agreed, or the suspension shall be lifted, if the party to which the document is entitled shall give up the suspension. Given the waiver, the document will be ordered to be separated from the cars.

6. The suspensions referred to in this article will be raised when it is established that the criminal trial is over or that it is paralyzed for reason that it has prevented its normal continuation.

7. If the criminal case on the falsehood of a document obeys a complaint or complaint from one of the parties, and shall end by a decision declaring the document to be authentic or not having proved its falsehood, the party to whom the document has suffered Suspension of the civil proceedings may be requested in this compensation for damages, in accordance with the provisions of Articles 712 et seq..

Article 41. Appeals against the resolution on suspension of proceedings for criminal prejudiciality.

1. An appeal for replacement may be brought against the decision rejecting the suspension of the civil case. The application for suspension may, however, be reproduced during the second instance and, where appropriate, during the processing of the extraordinary resources for procedural or appeals infringement.

2. An appeal against the order that agrees to the suspension shall be appealed against, and the orders issued on appeal shall, by agreeing or confirming the suspension, be given, where appropriate, an extraordinary remedy for a procedural infringement.

Article 42. Non-criminal pre-judicial issues.

1. For the purposes of preliminary rulings, civil courts may be aware of cases which are attributed to the courts of the administrative and social proceedings.

2. The decision of the civil courts on the matters referred to in the preceding paragraph shall not take effect outside the process in which it occurs.

3. By way of derogation from the preceding paragraphs, where the law is established by the law or by the parties by mutual agreement or by one of them with the consent of the other, the civil courts shall suspend the course of the proceedings before they are issued. judgment, until the question referred for a preliminary ruling is settled, in their respective cases, by the competent public administration, by the Court of Auditors or by the courts of the relevant court. In this case, the civil court shall be bound by the decision of the bodies referred to in the question referred for a preliminary ruling.

Article 43. Civil prejudice.

When it is necessary to decide on the subjectmatter of the dispute, it is necessary to decide on a matter which, in turn, constitutes the main object of another process pending before the same or different civil court, if the (a) the court, at the request of both parties or one of them, or the other party, may by order to suspend the course of the proceedings, in the state in which they are held, until the end of the proceedings which it has for the purpose of the question for a preliminary

.

Against the car that denies the request for a replacement, and against the car that agrees to the suspension goat file appeal.

CHAPTER II

The rules for determining jurisdiction

Article 44. Legal predetermination of competition.

In order for civil courts to have jurisdiction in each case, the knowledge of the lawsuit is required to be attributed to them by rules of law and prior to the opening of the proceedings in question.

SECTION 1 OF OBJECTIVE COMPETENCE

Article 45. Jurisdiction of the Courts of First Instance.

It is up to the Courts of First Instance to know, in the first instance, all the civil matters which, by express legal provision, are not attributed to other courts. They shall also be aware of such judgments of the matters, acts, matters and resources attributed to them by the Organic Law of the Judiciary.

Article 46. Specialization of some Court of First Instance.

the Courts of First Instance to which, in accordance with the provisions of Article 98 of the Organic Law of the Judiciary, have been assigned the specific knowledge of certain matters, shall extend their jurisdiction, exclusively, to the processes in which they are ventilated, and must be inhibited in favour of the other competent courts, when the process is seen on different subjects. If this is raised, it will be dealt with as competition issues.

Article 47. Competence of the Peace Courts.

To the Courts of Peace is the knowledge, in the first instance, of the civil matters of the amount not exceeding fifteen thousand pesetas that are not understood in any of the cases to which, for reason of the matter, the paragraph 1 of Article 250.

Article 48. An ex officio assessment of the lack of objective competence.

1. The lack of objective competence will be assessed on its own initiative, as soon as it is noticed, by the court that is aware of the case.

2. Where the court seised of the case at second instance or in the course of an extraordinary appeal for a procedural infringement or an appeal understands that the court before which the first instance was followed lacked objective competence, it shall (a) the right of the parties to exercise their actions before the appropriate class of court.

3. In the cases referred to in the preceding paragraphs, the court shall, before resolving, hear the parties and the Ministry of Public Prosecutor's Office for a common period of 10 days.

4. The order declaring the lack of objective competence shall indicate the class of court to which the knowledge of the case corresponds.

Article 49. Assessment of the lack of objective competition at the request of a party.

The defendant may denounce the lack of objective competition through the decline.

SECTION 2 OF THE TERRITORIAL JURISDICTION

Article 50. General jurisdiction of natural persons.

1. Unless otherwise provided by law, territorial jurisdiction shall be the responsibility of the court of the defendant's domicile and if he does not have jurisdiction in the national territory, he shall be the competent Judge of his residence in that territory.

2. Those who do not have their domicile or residence in Spain may be sued in the place where they are located within the national territory or in the territory of their last residence in the territory of Spain and, if the competition, at the place of the Address of the actor.

3. Employers and professionals, in disputes arising from their business or professional activity, may also be sued in the place where the activity is carried out and, if they have establishments in their position in different places, in any of them at the choice of the actor.

Article 51. General jurisdiction of legal persons and entities without personality.

1. Unless the law provides otherwise, legal persons shall be sued at the place of their domicile. They may also be sued in the place where the legal situation or relationship to which the dispute relates is born or must have an effect, provided that the public or authorised representative is established in that place to act in accordance with Article 1 (1) of the Treaty. name of the entity.

2. Entities without a personality may be sued at the domicile of their managers or wherever they operate.

Article 52. Territorial jurisdiction in special cases.

1. The force laid down in the preceding Articles shall not apply and the jurisdiction shall be determined in accordance with the provisions of this Article in the following cases:

1. In the judgments in which real actions are exercised on immovable property, it is the competent court of the place where the property is situated. Where the actual action is carried out on several immovable properties or on a single one which is situated in different constituencies, it shall be the competent court of any one of them, at the choice of the claimant.

2. In the claims on the presentation and approval of the accounts to be given by the managers of other assets, the competent court shall be the competent court of the place where the accounts are to be presented, and not being determined, the the address of the owner, the person or owner of the goods, or the place where the administration takes place, at the choice of the actor.

3. In the demands on warranty obligations or in addition to other obligations, it will be competent court to know, or be aware, of the principal obligation upon which they are to be granted.

4. In judgments on hereditary questions, the court of the place where the finado had his last domicile and if he had had it in foreign country, the place of his last domicile in Spain, or where The majority of his assets, at the choice of the claimant.

5. In the judgments in which actions relating to the assistance or representation of incapable, incapacitated or declared prodigos are exercised, the court of the place where they reside shall be competent.

6. In matters of the right to honour, personal and family privacy and the image itself and, in general, in the field of civil protection of fundamental rights, the court of the applicant's domicile shall be competent, and when not (a) the court of the place where the event of the fundamental right in question has occurred.

7. In the trials on leases of property and in the case of evictions, the court of the place where the estate is located shall have jurisdiction.

8. In the case of horizontal property judgments, the court of the place where the farm is to be located shall have jurisdiction.

9. The court of the place where the damages were caused shall be competent in the trials in which compensation is ordered for damages arising from the circulation of motor vehicles.

10. In matters of impeachment of social agreements it will be competent court of the place of the registered office.

11. In the case of proceedings involving claims on intellectual property infringements, the court of the place where the infringement has been committed or where there is evidence of its commission or in which it is found shall be competent. illegal copies, at the request of the complainant.

12. In cases of unfair competition, the court of the place where the defendant has its establishment and, in the absence thereof, his domicile or place of residence, and where he is not in the territory, shall have jurisdiction. the court of the place where the act of unfair competition has been carried out or where its effects occur, at the choice of the claimant.

13. In the matter of patents and trademarks, the court shall have jurisdiction to point out special legislation on such matters.

14. In the proceedings in which actions are exercised to declare non-incorporation into the contract or the nullity of the general terms of the contract, the court of the applicant's domicile shall be competent. And, in that same matter, when the declarative, cessation or retraction actions are exercised, the court of the place where the defendant has its establishment and, in the absence thereof, that of his domicile; and if the defendant is exercised, shall have jurisdiction. (a) the place of residence in the Spanish territory, the place where the accession was made.

15. In the case of third-party or better-right third parties in connection with an administrative award procedure, the court of domicile of the body which agreed to the embargo shall be competent, without prejudice to the Regional and local authorities are required to provide the necessary expertise.

2. Where the rules laid down in the preceding paragraph of this Article do not apply to insurance disputes, sales within the time limit of movable property and contracts intended for financing, and in respect of the supply contracts of services or of movable property whose celebration has been preceded by a public offer, the court of the domicile of the insured, purchaser or borrower or the domicile of the person who has accepted the offer shall be competent, respectively.

Article 53. Territorial jurisdiction in case of accumulation of shares and in case of plurality of defendants.

1. Where a number of shares are jointly exercised in respect of one or more persons, the court responsible shall have the place corresponding to the action which is the foundation of the other persons; failing that, he who is required to know of the greatest number of the actions accumulated and, ultimately, that of the place corresponding to the most important action quantitatively.

2. Where there are several defendants and, in accordance with the rules laid down in this Article and in the foregoing, the territorial jurisdiction of the judges of more than one place may correspond to the jurisdiction of more than one place, the application may be lodged with any of them, The applicant's choice.

Article 54. Character of the rules on territorial jurisdiction.

1. The legal rules governing territorial jurisdiction shall apply only in the absence of express or tacit submission of the parties to the courts of a given constituency. The rules laid down in Articles 1 and 4 (1) to (15) and Article 52 (2), and other rules to which the law is or are expressly attached, are exempted from the rules laid down in Article 52 (1) and Article 52 (2). Nor shall the express or tacit submission in the cases to be decided by the verbal judgment be valid.

2. The express submission contained in accession contracts, or containing general conditions imposed by one of the parties, or which have been concluded with consumers or users, shall not be valid.

3. The submission of the parties shall be valid and effective only when it is made to the courts with objective competence to hear the case in question.

Article 55. Submission expresses.

Submission shall be understood as expressing the agreement of the parties concerned by designating precisely the constituency to which the courts are subject.

Article 56. Tacit submission.

They will be tacitly understood:

1. The plaintiff, by the mere fact of going to the courts of a particular constituency by placing the application or making a request or request to be filed with the court competent to hear the case demand.

2. The defendant, by the fact of doing, after being personated in the judgment after the interposition of the claim, any management other than that of proposing in form the declinatory.

Article 57. Express submission and distribution.

The express submission of the parties will determine the constituency whose courts have to hear the case. Where there are several courts of the same class in that constituency, the division of the cases shall determine which of them is relevant to the case, without the parties being able to submit to a given court with the exception of other.

Article 58. An ex officio assessment of territorial jurisdiction.

When territorial jurisdiction is established by mandatory rules, the court will examine its territorial jurisdiction immediately after the application has been filed and, after hearing the Prosecutor's Office and the parties If you understand that you have no territorial jurisdiction to hear the case, you will declare that by order, sending the proceedings to the court that you consider territorially competent. If they are an elective force, the court shall be at the same time as the applicant states, following the request addressed to them for such purposes.

Article 59. Allegation of lack of territorial competence.

Outside of cases where territorial jurisdiction is established by law under mandatory rules, the lack of territorial jurisdiction can only be appreciated when the defendant or those who can be a legitimate party in the the judgment will propose in time and form the declinatory.

Article 60. Negative conflict of territorial jurisdiction.

1. If the decision to inhibit a court for lack of territorial jurisdiction has been adopted by virtue of a decline or hearing of all the parties, the court to which the proceedings are referred shall be determined and shall not be able to declare their lack of territorial competence.

2. If the decision to inhibit a lack of territorial jurisdiction has not been adopted with a hearing from all the parties, the court to which the proceedings are to be referred may declare its lack of territorial jurisdiction to be of its own motion where it is required. determined by imperative rules.

3. The decision declaring the lack of jurisdiction shall send all the records to the common higher immediate court, which shall decide by means of order, without further appeal, the court to which it is appropriate to hear the case, ordering, where appropriate, the transfer of the cars and the location of the parties within the next 10 days to the said court.

SECTION 3 OF FUNCTIONAL COMPETENCE

Article 61. Functional competence per connection.

Except legal provision in another sense, the court that has jurisdiction to know of a lawsuit, will have it also to resolve on its incidences, in order to bring to effect the providences and cars that I will dictate, and for the execution of the statement or conventions and transactions to approve.

Article 62. An ex officio assessment of the competence to know the resources.

1. Appeals to a court which lack of functional competence to hear from them shall not be admissible. Notwithstanding the foregoing, if an appeal is admitted, the court to which the appeal has been addressed understands that it does not have any functional competence to hear it, and shall refrain from prior hearing of the parties ' common deadline of ten days.

2. Notified of the order referred to in the preceding paragraph, the litigants shall have a period of five days for the correct interposition or notice of the appeal, which shall be added to the legally prescribed period for such proceedings. If it overtakes the resulting time without resorting to form, the resolution in question shall be signed.

CHAPTER III

From Decline

Article 63. Content of the declination, legitimation to propose it and court competent to hear it.

1. By means of the declinatory, the defendant and those who may be a legitimate party in the promoted trial may denounce the lack of jurisdiction of the court before which the suit has been filed, for the knowledge of the court is a matter for the court. aliens, to organs of another court order or to arbitrators.

It will also be proposed declinatory to denounce the lack of competition of all kinds. If the decline is based on the lack of territorial competence, the court should be indicated which, as territorially competent, would have to be referred to.

2. The declinatory will be proposed to the same court that is aware of the suit and to which it is considered lacking jurisdiction or jurisdiction. However, the declinatory may also be filed before the court of the defendant's domicile, which shall make it as fast as possible to the court before which the application was lodged, without prejudice to the application of the application. by trade the day after its presentation.

Article 64. Procedural moment of proposition of the declinatory and immediate effects.

1. The decline will be proposed within the first ten days of the deadline to respond to the request, or in the first five days after the summons for hearing, and will take the effect of suspending, until resolved, the deadline for answer, or the computation for the day of the view, and the course of the main procedure.

2. The suspension of the main proceedings produced by the previous argument of a refusal shall not prevent the court from which the case is concerned to practise, at the request of a legitimate party, any action for the assurance of proof, as to the precautionary measures for which irreparable damage to the actor could be carried out, unless the defendant provided sufficient caution to respond to the damages resulting from the processing of a disservice basis.

The security may be granted in cash, by means of a solidarity guarantee of indefinite duration and payable at the first request issued by a credit institution or a mutual guarantee company or by any other means which, in the view of the of the court, ensure the immediate availability, where appropriate, of the quantity in question.

Article 65. Processing and decision of the declinatory.

1. The document of decline shall be accompanied by the documents or principles of proof in which it is founded, with copies in number equal to that of the other litigants, which shall have a period of five days, counted from the notification of the decline, to allege and to contribute what they see fit to hold the jurisdiction or jurisdiction of the court, which will decide the matter within the next fifth day.

If the decline is relative to the lack of territorial competence, the actor, in contesting it, may also allege the lack of territorial jurisdiction of the court in favor of which the knowledge of the subject.

2. If the court understood that it has no jurisdiction to correspond the case to the courts of another State, it shall declare it by order, refraining from knowing and sticking to the process.

Similarly, the court will proceed if it considers the declinatory founded on having submitted the matter to arbitration.

3. If the court finds that it has no jurisdiction to refer the case to the courts of another court order, in the order in which the court is abstaining, it shall inform the parties to which bodies they shall use of their right. The same resolution shall be issued when the court finds that it lacks objective competence.

4. If there is a decline in the territorial jurisdiction and the jurisdiction is not determined by mandatory rules, the court shall, in order to estimate it, consider the body designated by the sponsor of the declinatory to be competent.

5. The court, when estimating the decline in jurisdiction, shall be held in favour of the body to which the jurisdiction falls, and shall agree to refer the orders to the parties so that they may appear before it within the ten days.

CHAPTER IV

Of the jurisdiction and jurisdiction resources

Article 66. Resources in matters of international jurisdiction, jurisdiction, submission to arbitration and objective competence.

1. Against the self-failure to know for lack of international jurisdiction, for the matter to be referred to a court of another court, for having submitted the case to arbitration or for lack of objective competence, it shall be the appeal.

2. Against the order in which the lack of international jurisdiction, jurisdiction or objective jurisdiction is rejected, only recourse to replacement shall be provided, without prejudice to the lack of such procedural budgets in the appeal against the judgment. definitive.

The provisions of the preceding paragraph shall also apply where the order rejects the submission of the matter to arbitration.

Article 67. Resources in matters of territorial competence.

1. No appeal shall be made against the cars which resolve the territorial jurisdiction.

2. In appeals and extraordinary proceedings for procedural infringement, claims of a lack of territorial jurisdiction shall be admissible only where, in the case in question, mandatory rules are applicable.

CHAPTER V

From the distribution of the issues

Article 68. Liability of the division. Procedural treatment.

1. All civil matters shall be distributed among the Courts of First Instance when there is more than one in the party. The same rule applies to the matters of which the Provincial Hearings are to be understood when divided into Sections.

2. The courts will not allow any subject to be dealt with, if the due diligence is not to be found. In the absence of such diligence, any action which does not consist in ordering the matter to be distributed shall be cancelled at the request of either party.

3. Decisions relating to the allocation shall not be rejected, but any of the litigants may contest the infringement of the rules of distribution in force at the time of the submission of the document or of the application for the opening of the actions.

4. Decisions taken by courts other than that or those to which it was made known according to the rules of distribution shall be declared null and void at the request of the party to whom it is prejudicial, provided that the nullity has been requested in the proceedings (a) proceedings immediately after the party had become aware of the infringement of the rules of distribution and the infringement has not been corrected in accordance with the provisions of the preceding paragraph.

Article 69. Time limit for the allocation to be made.

The cases shall be distributed and referred to the Court or Section corresponding within two days of the submission of the written or application for the opening of the proceedings.

Article 70. Urgent measures in undistributed cases.

The Dean and the Presidents of Courts and Audiences may, at the request of a party, take the urgent measures in cases not distributed when, if not, a right or some right may be broken. serious and irreparable damage.

TITLE III

From the accumulation of actions and processes

CHAPTER I

From the accumulation of actions

Article 71. Main effect of the cumulation. Objective accumulation of shares. Eventual accumulation.

1. The accumulation of supported actions will produce the effect of discussing all in the same procedure and resolved in a single statement.

2. The actor may accumulate in the application the number of actions against the defendant, even if they come from different titles, provided that they are not incompatible with each other.

3. The simultaneous exercise of two or more actions in the same judgment shall be incompatible and may not, therefore, be accumulated when they are mutually exclusive or contrary to each other, so that the choice of a prevent or render ineffective the exercise of the other or other.

4. However, as set out in the preceding paragraph, the actor may eventually accumulate any action against each other, with the expression of the main action and of the other or others exercising for the sole event that the principal is not considers it was founded.

Article 72. Subjective accumulation of actions.

You may accumulate, exercising simultaneously, the actions one has against several subjects or several against one, provided that among these actions there is a nexus for the reason of the title or cause of asking.

The title or cause of ordering is understood to be identical or related when the actions are merged into the same facts.

Article 73. Admissibility for procedural reasons for the accumulation of shares. Special cases of accumulation required.

1. In order for action to be admissible, it is necessary to:

1. º That the court to understand of the main action has jurisdiction and jurisdiction for the reason of the matter or for reason of the amount to know of the accumulated or accumulated. However, the action to be taken in the ordinary judgment may be cumulated with the action which, by reason of its amount, would have to be heard in a verbal judgment.

2. º that accumulated shares do not, by reason of their matter, be ventilated in judgments of different kinds.

3. The law does not prohibit the accumulation in cases where certain actions are exercised because of their subject matter or because of the type of judgment to be followed.

2. Where the application is subject to the challenge of social agreements, all the parties seeking the declaration of invalidity or the nullability of the agreements adopted in the same Board or Assembly or in the same organ session shall be cumulated.

a) the right to be a member of the European Parliament and to the European Parliament and to the European Parliament.

In any case, in the places where there is more than one Court of First Instance, the claims to be filed after another shall be distributed to the Court to which it was referred to the first.

3. Different actions will also be accumulated in the same demand when the laws so provide, for specific cases.

4. If a number of shares have been improperly accumulated, the actor shall be required, before proceeding to accept the application, to remedy the defect within the five-day period, in keeping with the action to be taken as far as possible. After the end of the term without the cure, or if the circumstance of non-accumulability between the actions intended to be maintained by the actor is maintained, the file of the demand will be agreed without further formalities.

CHAPTER II

From the accumulation of processes

SECTION 1 OF THE ACCUMULATION OF PROCESSES: GENERAL PROVISIONS

Article 74. Purpose of the accumulation of processes.

By virtue of the accumulation of processes, they will be followed in a single procedure and terminated by a single sentence.

Article 75. Legitimization to request the accumulation of processes.

Unless otherwise expressly provided by law, the accumulation of different processes may only be decreed at the request of whoever is party to any of the processes whose accumulation is intended.

Article 76. Cases in which process accumulation proceeds.

Accumulation of processes will only be ordered:

1. º When the sentence that is to be placed on one of the processes can produce preliminary effects on the other.

2. ° When among the objects of the processes whose accumulation is requested there is such a connection that, to be followed separately, can be dictated sentences with statements or contradictory bases, incompatible or mutually exclusionary.

Article 77. Cumulative processes.

1. Subject to the provisions of Article 555 of this Law on the accumulation of execution processes, only the accumulation of declarative processes shall be carried out which are substantiated by the same formalities or whose processing can be unified without loss of rights. procedural, provided that any of the causes expressed in this chapter are present.

2. Where proceedings are pending before a number of courts, it shall not be cumulated if the court of the oldest proceedings does not have an objective competence on the grounds of the matter or for reasons of the amount to be heard of the proceedings or proceedings. they want to accumulate.

3. Nor shall the cumulation be carried out where the territorial jurisdiction of the court which is familiar with the most modern process has in the law the law which is not abrogable for the parties.

4. In order for the accumulation of processes to be admissible, it is necessary for them to be found in the first instance, and for none of them to have completed the trial referred to in Article 433 of this Law.

Article 78. Origin of the accumulation of processes. Exceptions.

1. There shall be no accumulation of processes where the risk of judgments with contradictory, incompatible or mutually exclusive pronouncements or grounds can be avoided by the exception of litigations.

2. Nor shall the accumulation of proceedings be carried out where it is not justified that, with the first application or, where appropriate, the extension of the proceedings or the counterclaim, a process which understood the form of order and questions substantially could not be promoted. equal to those raised in the different processes, the accumulation of which is intended.

3. If the processes whose accumulation is intended to be promoted by the same claimant or by a defendant in recognition, only or in a litisconsortium, shall be understood, unless justified, that a single process could be promoted under the terms of the paragraph prior and will not proceed with accumulation.

4. The provisions of the foregoing paragraphs shall not apply to proceedings, which may be subject to cumulation pursuant to Articles 76 and 77, which are opened for the protection of collective or diffuse rights and interests which are recognised by the laws of consumers and users, when the diversity of these processes, whether promoted by the associations, entities or groups legitimated or by consumers or determined users, could not have been avoided through the accumulation of actions or the intervention provided for in Article 15 of this Law.

In such cases, the accumulation of processes will be decreed, even ex officio, in accordance with the provisions of this Law.

Article 79. The process in which the accumulation is to be ordered.

1. The accumulation of processes will always be asked of the court that knows of the oldest process, which the most modern will accumulate. If this condition is not met, the court will admit the application by order and without further appeal.

2. Seniority shall be determined by the date of the filing of the application. If the claims have been filed on the same day, the process that would have been dealt with first will be considered as older.

If, by pender before different courts or by any other cause, it was not possible to determine which of the claims was first distributed, the application may be requested in any of the processes whose accumulation is is intended.

Article 80. Accumulation of processes in verbal judgment.

1. In verbal judgments, the accumulation of proceedings pending before the same court shall be governed by the rules of the following section. If it has not been formulated before, the request for cumulation shall be made in the act of the hearing, orally.

In this case, the other parties attending the event will, in the same way, express what they deem appropriate about the origin or not of the requested accumulation and will be resolved on it in the same view.

2. Where proceedings are pending before different courts, the application for cumulation made in a verbal judgment shall be made in accordance with the provisions of the preceding paragraph and shall be substantiated, as soon as possible, in accordance with the rules laid down in the section 3.a of this chapter.

SECTION 2 OF THE BACKLOG OF PENDING PROCEEDINGS BEFORE THE SAME COURT

Article 81. Request for process accumulation.

When the proceedings are followed before the same court, the accumulation will be requested in writing, in which the processes whose accumulation is requested and the procedural state in which they are located will be clearly stated. the reasons for the accumulation.

The application for process accumulation shall not suspend the course of which it is intended to accumulate, even if the court must refrain from sentencing in any of them until it decides on the origin of the accumulation.

Article 82. Initial dismissal of the process backlog request.

The court by way of order shall reject the application for cumulation where it does not contain the particulars required in the preceding article or where, in accordance with that application, the cumulation is not appropriate for the reason of the class and type of the processes, their procedural status and other procedural requirements as set out in the previous Articles.

Article 83. Substantiation and decision of the process accumulation incident. Resource.

1. Requested in the form of the accumulation of processes, shall be transferred to the other parties personated and to all those who are party to any of the processes whose accumulation is intended, even if they are not in the one in which it has been requested, in order that, within the common deadline of 10 days, make claims about the cumulation.

2. On the expiry of that period, or the arguments received, the court shall settle the matter within five days. If all parts of the incident are in conformity with the cumulation, the court will grant it without further formalities. Where there is no agreement between the parties, or where none of them makes representations, the court shall decide what it considers to be appropriate, granting or denying the requested cumulation.

Against the order that decides on the requested accumulation, no other resource than the replacement will be found.

Article 84. Effects of the car that grants the build-up.

1. The court will order the most modern processes to join the older ones, so that they continue to be held in the same procedure or the same procedures and decide in the same sentence.

2. If the accumulated processes were not in the same phase within the first instance, the one that was most advanced was ordered to be suspended until the others are in the same or similar state.

Article 85. Effects of the car that denies accumulation.

1. If the cumulation is refused, the trials shall be conducted separately.

2. The order refusing the cumulation shall condemn the party which has promoted it to pay the costs of the incident.

SECTION 3 OF THE BACKLOG OF PENDING PROCEEDINGS BEFORE DIFFERENT COURTS

Article 86. Applicable rules.

The accumulation of processes that will be brought before different courts will be governed by the rules of the previous sections of this chapter, with the specialties indicated in the following articles.

Article 87. Process accumulation request.

In addition to the provisions of Article 81, in the document in which the accumulation of proceedings is requested, the court must be indicated to which the other processes, the accumulation of which is intended, must be indicated.

Article 88. Non-suspensive effect of the process accumulation request.

1. The process accumulation request shall not suspend the course of the processes concerned, except from the moment that one of them is left pending only for judgment. In such a case, the deadline for dictating it will be suspended.

2. As soon as the accumulation is called for, news of this fact, by the quickest means, will be made to the other court, so that it will abstain in any case of passing sentence until it is definitively decided on the alleged accumulation.

3. The request for cumulation shall be forwarded to the other parties concerned, so that, within the common period of 10 days, they shall make representations concerning the origin of the cumulation. The court by means of order shall decide within five days and where the cumulation is refused, it shall be communicated to the other court, which may give judgment.

Article 89. The content of the self declaring process accumulation.

When the court considers the accumulation, it will command in the same order to direct trade to the one that knows of the other process, requiring the accumulation and the remission of the corresponding processes.

To this office will be accompanied by testimony of the background that the same court determines and that are enough to make known the cause by which the accumulation and the allegations that, if any, have formulated the parties other than the applicant for cumulation.

Article 90. Receipt of the requirement of accumulation by the required court and hearing the litigants.

1. Received the trade and the testimony by the required court, they will be transferred to the litigants that before him have appeared.

2. If any person before the requested court is not in the proceedings before the requesting court, he shall have a period of five days in order to instruct him of the office and of the testimony at the Registry of the Tribunal and to submit written demonstrating what suits your right to build up.

Article 91. Resolution on the requirement of accumulation.

1. On the expiry of the five-day period referred to in the preceding article, the court shall either order the order or refuse the request for cumulation.

2. If none of the parties to the requested court object to the cumulation or if they do not allege data or arguments other than the arguments before the requesting court, the requested court shall refrain from challenging the grounds of the order. requiring cumulation relating to the concurrency of the requirements laid down in Articles 76 and 77, and may only base its refusal on the requirement that the cumulation must be made to the proceedings pending before the required court.

Article 92. Effects of the acceptance of the accumulation by the required court.

1. If the request for cumulation is accepted, it shall be immediately notified to those who are parties to the proceedings before the requested court, so that within ten days they may be placed before the requesting court, to which the orders shall be sent, so that, if any, they follow their course before him.

2. Agreed upon the accumulation of processes, the course of the most advanced process will be suspended until the other reaches the same procedural state, in which the accumulation will take place.

Article 93. Effects of non-acceptance of the accumulation of processes by the required court.

1. Where, as provided for in Article 91 (2), the requested court shall not accept the requirement of cumulation for the provision of the tax or for believing that the cumulation must be made to those who do so before it, it shall inform the court of The applicant and both will give the decision to the court competent to settle the discrepancy.

2. He/she shall be competent to settle any discrepancies in the accumulation of proceedings by the common superior court common to the applicant and required.

Article 94. Substantiation of the discrepancy before the competent court.

1. For the purposes set out in the previous Article, both the applicant court and the requested court shall, as soon as possible, give the competent court a testimony of what, in order to resolve the discrepancy on cumulation, in its respective courts.

2. The requesting court and the requested court shall place the parties in order to enable them to appear within a five-day period of time before the competent court and to plead in writing what they consider to be appropriate.

Article 95. Decision of the discrepancy.

1. The competent court shall decide by order, within 20 days, in the light of the records of the documents and the written arguments of the parties, if they have been submitted. No recourse shall be made against the order to be issued.

2. If the accumulation of processes is agreed upon, the provisions of Article 92 of this Law shall be ordered. If they are refused, the proceedings must be followed separately, with the suspension of the time limit for sentencing, where appropriate.

Article 96. Accumulation of more than two processes. Multiple accumulation requirements.

1. The provisions of this Chapter shall apply in the case of more than two trials whose accumulation is requested.

2. Where the same court is required to accumulate by two or more courts, it shall forward the orders to the superior common to all of them and shall inform all the parties concerned to defend the decision to that superior. In this case, the two previous articles will be available.

Article 97. Prohibition of a second incident of accumulation.

1. An incident of accumulation of processes in a process, no request for accumulation of another subsequent trial will be admitted if the one who asked for it would have been the initiator of the trial that will attempt to accumulate.

2. The court before whom the application is made in the case of the previous paragraph shall reject it by providence. If, in spite of the foregoing prohibition, the new incident is substantiated, as soon as the fact is recorded, the nullity of the action shall be decreed on the grounds of the application, with the imposition of the costs to which it has been filed.

SECTION 4 OF THE ACCUMULATION OF UNIQUE PROCESSES TO UNIVERSAL PROCESSES

Article 98. Cases in which the accumulation of singular processes corresponds to a universal process.

1. Process accumulation will also be decreed:

1. When an insolvency process is pending for which the flow against which the application has been made is subject, or any claim is made. In such cases, it shall proceed as provided for in the insolvency legislation.

2. º When a succession process is being followed to which the flow against which the flow has been formulated is subject, or an action relating to the flow rate is formulated.

Except for the accumulation referred to in the two preceding numbers, the execution processes in which only mortgaged or pledged property is pursued, which shall in no case be incorporated into the insolvency proceedings or the succession process, whatever the start date of the run.

2. In the cases provided for in the previous paragraph, cumulation must be sought before the court which is aware of the universal process, and always be made, regardless of which they are older, to the universal process.

3. The accumulation of processes, where appropriate, will be governed, in this case, by the rules of this chapter, with the specialties established in the special legislation on conteal and successor processes.

TITLE IV

Abstention and recusal

CHAPTER I

Abstention and recusal: general provisions

Article 99. Scope of application of the Law and principle of legality.

1. In the civil proceedings, the abstention and recusal of Judges, Magistrates, as well as that of the members of the Fiscal Ministry, the Judicial Secretaries, the experts and the staff at the service of the Administration of Justice, will be governed by the provisions of the in this Title.

2. The abstention and, where appropriate, the recusal of those indicated in the previous paragraph will only proceed when one of the causes mentioned in the Organic Law of the Judicial Branch for the abstention and recusal of Judges and Magistrates is present.

Article 100. Duty to abstain.

1. The Judge or Magistrate in whom one of the legally established causes concurs shall abstain from the knowledge of the case without waiting for the refusal to be challenged.

2. The same duty shall be the same as the Judicial Secretary, the official, the auxiliary or the judicial agent, the member of the Fiscal Ministry or the expert appointed by the Judge in whom one of the causes mentioned in the Law is present.

Article 101. Active legitimization to recuse.

In civil matters only the parties will be able to challenge them. The Prosecutor's Office may also challenge, in so far as it is a process in which, by the nature of the rights in dispute, it can or must intervene.

CHAPTER II

From the abstention of Judges, Magistrates, Judicial Secretaries, Prosecutors and Staff to the Civil Courts Service

Article 102. Abstention from Judges and Magistrates.

1. The abstention of the Magistrate or Judge shall be communicated, respectively, to the Section or Chamber of which it is a party or to the court to which the functional competence for hearing against the judgments, which shall be resolved within 10 days, is appropriate. The communication of the abstention shall be made in written form as soon as the cause which motivates it is warned.

2. The abstention of Judge or Magistrate shall suspend the course of the proceedings as long as it is not resolved.

3. If the court referred to in paragraph 1 of this Article does not justify abstention, it shall instruct the Judge or Magistrate to continue the knowledge of the case, without prejudice to the right of the parties to enforce the challenge. Received the order, the court will dictate providence ending the suspension of the process.

4. If the abstention by the competent court is justified in accordance with paragraph 1, the abstaining shall decide to self-step away from the case and order the proceedings to be replaced. Where the person who is abstaining is part of a collegiate court, the order, which shall not be subject to any appeal, shall be issued by the Chamber or Section to which he or she is held.

In both cases, the suspension of the process will end, respectively, when the substitute receives the performances or is integrated into the Room or Section to which the abstaining belonged.

5. The abstention and replacement of the Judge or Magistrate who has abstained will be communicated to the parties, including the name of the substitute.

Article 103. Abstention by the Judicial Secretaries.

1. Judicial Secretaries shall refrain in writing from the Judge or the Magistrate, in the case of a Court of Justice, or the President, in the case of a Chamber or Section. It shall decide the question, respectively, the Judge or Magistrate, on the one hand, or the Chamber or Section, on the other.

2. In case of confirmation of abstention, the Judicial Secretary who has abstained should be replaced by his legal substitute; in case of refusal, he must continue to act in the case.

Article 104. Abstention of officers, auxiliaries and agents of the Administration of Justice.

1. The abstention of the officers, auxiliaries and agents of the Administration of Justice shall be communicated in writing to the Judge or to the President of the Court of Justice in which the proceedings are followed, which shall decide on their provenance.

2. In case of an estimated abstention, the officer, auxiliary or agent in whom the legal cause is present will be replaced in the process by whom he/she is legally required to replace him. If it is dismissed, it will continue to act on the matter.

Article 105. Abstention from experts.

1. The expert appointed by the Judge, Section or Chamber which is aware of the case shall abstain if any of the legal reasons provided for therein are present. Abstention may be oral or written, provided that it is duly justified.

2. If the cause of abstention exists at the time of being appointed, the expert shall not accept the position, and shall be replaced by the alternate expert, when the latter has been appointed. If the alternate expert also refuses to accept the charge, if the same or other cause of abstention is present, the provisions of Article 342 (2) of this Law shall apply. If the cause is known or occurs after the acceptance of the post of expert, the abstention shall be raised to the Judge or Magistrate, in the case of a Court, or to the Magistrate's Magistrate, in the case of a Section or Chamber, which shall decide on the matter, after hearing of the parties. No appeal shall be made against the order of the Judge or Magistrate.

Article 106. Abstention by the members of the Prosecutor's Office.

The abstention of the members of the Fiscal Ministry shall be governed by the rules laid down in its Organic Statute.

CHAPTER III

From recusal of Judges and Magistrates

Article 107. Time and way to propose recusal.

1. The recusal should be proposed as soon as it becomes aware of the cause in which it is founded, since otherwise it will not be accepted. In particular, the recusal shall be inadmissible:

1. º When they are not proposed at the beginning of the process if the knowledge of the concurrency of the recusal cause was earlier than that.

2. º When a process is proposed pending, if the cause of recusal was known prior to the procedural moment in which the recusal is proposed.

2. The objection shall be proposed in writing, which shall clearly and clearly express the legal cause and the grounds on which it is founded, accompanied by a principle of proof thereon. This letter will be signed by the lawyer and by attorney if they intervene in the suit, and by the person, or by someone else to your request, if you do not know how to sign. In any event, the prosecutor must accompany the special authority for the recusal in question. If no attorney and attorney are involved, the challenge shall be ratified by the Registrar of the court in question.

3. In the case of the recusal, the other parties will be transferred to the process so that, within the common period of three days, they will manifest if they adhere to or oppose the cause of the proposed recusal or if, at that time, they know some other cause of recusal. The party who does not propose recusal within that period shall not be able to do so later, unless he has satisfied that, at that time, he did not know the new cause of recusal.

Article 108. Competence to instruct recusal incidents.

1. They will instruct the recusal incidents:

1. When the person is the President or a Magistrate of the Supreme Court or of a High Court of Justice, a Magistrate of the Chamber to which the recusal belongs, appointed by virtue of a turn established by order of age.

2. When the recusal is a Provincial Hearing Officer, a Magistrate of the Civil and Criminal Chamber of the corresponding Superior Court of Justice, appointed by virtue of a shift established in order of seniority.

3. When the recusal is a Magistrate of a Hearing, a Magistrate of that same Hearing, appointed by virtue of a shift established in order of seniority, provided that it does not belong to the same Section as the recused one.

4. When all the Magistrates of a Chamber of Justice, a Magistrate of which the Court of Justice has been appointed, appointed by virtue of a turn established in order of seniority, shall be recused, provided that it is not affected by recusal.

5. º When the recusal is a Judge of First Instance, a Magistrate of the Provincial Hearing, appointed by virtue of a shift established in order of seniority.

6. When the person is a Judge of Peace, the Judge of First Instance of the party concerned or, if there are several Courts of First Instance, the one appointed by virtue of a shift established in order of seniority.

Seniority will be governed by the order of escalation in the judicial career.

2. In cases where it is not possible to comply with the provisions of the preceding paragraph, the Governing Board of the Court concerned shall appoint the instructor, seeking to be of a higher category or, at least, of a higher age than the person who has refused or recused.

Article 109. Substantiation of the incident of recusal and effects of the incident on the main subject.

1. Within the same day after the end of the period referred to in Article 107 (3), or on the following working day, the case shall be passed or brought to the attention of the substitute, and shall be referred to the court to which the incident relates. and the recusal documents.

A recusal report should also be accompanied by whether or not the recusal cause is supported.

2. Recusal shall not be admissible in cases where the grounds on which they are based are not expressed or those which are not accompanied by the documents referred to in Article 107 (2

.

3. If the recusal will accept as a certain cause of recusal, the incident will be resolved without further formalities. If not, the instructor, if he accepts the proposed recusal, will order the practice, within ten days, of the requested test that is relevant and the one he deems necessary and, then, he will forward the action to the court competent to decide the incident.

Received the actions by the court competent to decide the challenge, will be transferred to the Ministry of Public Prosecutor for a three-day report. After that period, with or without a report from the Prosecutor's Office, the incident shall be decided within five days.

4. The recusal will not stop the course of the suit, which will continue to be held until the summons for a final judgment, in which state it will be suspended until the incident of recusal is decided, if it is not finished.

Article 110. Competence to decide the recusal incident.

Will decide recusal incidents:

1. The Chamber provided for in Article 61 of the Organic Law of the Judiciary when the person is the President of the Supreme Court, the President of the Civil Chamber or two or more Magistrates of that Chamber.

2. The Civil Chamber of the Supreme Court, when one of the judges who is part of it is challenged.

3. The Chamber referred to in Article 77 of the Organic Law of the Judiciary, when the President of the High Court of Justice, the President of the Civil and Criminal Chamber of the High Court of Justice, the President of the High Court of Justice, the President of the Provincial Court, with headquarters in the Autonomous Community or two or more Magistrates of the Civil and Criminal Chamber of the Supreme Courts of Justice or two or more Magistrates of a Section or a Provincial Court.

4. The Civil and Criminal Chamber of the Supreme Courts of Justice, when one or several Magistrates of these Courts will be challenged.

5. When the recused is a Magistrate of a Provincial Hearing, the Provincial Hearing, without being part of it the recused, or, if it is composed of two or more Sections, the Section in which the recused or the Section that follows in numerical order to that of which the recused is a part.

6. When the recusal is a Judge of First Instance, the Section of the Provincial Hearing that knows of the resources against its resolutions, and, if several, a shift will be established beginning with the First Section.

7. When the recusal is a Peace Judge, the same Judge will resolve the recusal incident.

Article 111. Specialties of the incident of recusal in verbal judgments. Other special cases.

1. In the proceedings which are held in the course of the oral proceedings, if the Judge recused does not accept in the act as certain the reason for recusal, the actions to which the incident is to be directed shall pass, in the meantime the case shall be suspended. principal. The instructor shall agree that the parties to his/her presence on the day and time he/she establishes, within the following five, and, heard the parties and practiced the relevant evidence, shall resolve by providence in the same act on whether or not he has place of the recusal.

2. For the recusal of Judges or Magistrates after the point of view, the provisions of Articles 190 to 192 of this Law shall apply.

Article 112. Decision of the incident, costs and fine.

1. The order of refusal shall agree to return to the court the knowledge of the dispute or cause, in the state in which it is found and shall order the applicant to pay the costs, unless exceptional circumstances are met. statement. Where the decision to decide on the incident expressly declares the existence of bad faith in the applicant, a fine of thirty thousand to one million pesetas may be imposed.

2. The car that considers the recusal will definitely depart from the recusal of the knowledge of the process or cause. He will continue to know about him, until his termination, who he has to replace.

Article 113. Notification of the car and resources.

Against the decision of the recusal incident, no recourse shall be given, without prejudice to the use of the judgment in the dispute or cause, the possible nullity of the case by the Judge or the Magistrate. issued the judgment under appeal, or which integrated the corresponding Chamber or Section, the cause of alleged recusal.

CHAPTER IV

From the recusal of the Secretaries of the civil courts

Article 114. Applicable Regulation.

1. Judicial Secretaries may not be challenged during the practice of any diligence or performance that they are in charge of.

2. They shall apply to the recusal of the Judicial Secretaries of the Courts, Chambers or Sections of the provisions of the previous Section, with the specialties expressed in the following articles.

Article 115. Competence to instruct and resolve recusal incidents.

1. The recusal shall be instructed by the Judge or the Magistrate himself when the person is a Registrar of the Court of First Instance or Peace, and by the Rapporteur when he is from a Section of the Provincial Court, the Civil Chamber and Criminal of the High Court of Justice or the Civil Court of the Supreme Court.

2. The recusal shall be settled by a section of the Provincial Hearing or, where appropriate, by the Chamber or Section which is aware of the case.

Article 116. Admission of the writing and transfer to the instructor.

Submitted the recusal document, the recused judicial secretary shall inform in detail in writing whether or not he or she recognizes as certain and legitimate the alleged cause, and shall pass the cars to whom it corresponds, so that account may be taken of the Chamber or The section that you need to know about the recusal.

Article 117. Acceptance of recusal by the recused.

1. When the recusal recognizes the cause of the recusal as true, the court will dictate order, without further formalities and without further recourse, having to do so by recusal, if it considers that the cause is legal.

2. If he considers that the cause is not of the kind in the Law, he will declare that there is no place for the recusal. No appeal will be given against this car.

Article 118. Opposition of recusal and substantiation of recusal.

When the recusal denies the certainty of the alleged cause as the basis for the recusal, it shall proceed as provided for in Article 109 (3) of this Law.

Article 119. Replacement of the recused judicial secretary.

The Judicial Secretary recused, from the time the recusal is filed, will be replaced by his legal replacement.

CHAPTER V

From the recusal of officers, auxiliaries and agents of the Administration of Justice

Article 120. Applicable legislation.

In the civil proceedings, the recusal of the officers, auxiliaries and agents of the Administration of Justice will only be possible because of the legal causes and the procedures foreseen for the recusal of the Secretaries Judicial, except as expressly provided in this chapter.

Article 121. Competence to instruct and resolve the recusal incident.

The gubernatorial incident of recusal of an officer, auxiliary or judicial agent shall be directed by the Clerk of the Court, Room or Section that is intervening in the cars, and shall be decided by the Judge or the President, respectively.

Article 122. Admission of the recusal letter.

If, in the view of the recusal, the Judicial Secretary considers that the cause is not of the typified in the Law, he will admit in the act the petition expressing the reasons in which such inadmission is founded. The appeal referred to in Article 224 (3) shall be brought against this decision.

Article 123. Incident substantiation; acceptance or refusal of recusal by the recusal.

1. Admitted to processing the document of recusal, and on the day following its receipt, the recused mani will fbe to the Judicial Secretary if the alleged cause is given or not. When recognizing the cause of recusal, the Judicial Secretary will agree to replace the person who is legally required to replace him. No recourse shall be brought against this resolution.

2. If the recusal denies the certainty of the alleged cause as the basis of the recusal, the Judicial Secretary, heard what the recused claims, within the fifth day and practiced the checks that the recusal proposes and are pertinent or those that the You may consider necessary, you will forward the action to whom you are to resolve to decide on the incident.

CHAPTER VI

From the recusal of the experts

Article 124. Scope of the recusal of the experts.

1. Only the experts appointed by the court by lot may be challenged in the terms of this chapter. This provision applies to both the expert and the alternate experts.

2. Expert opinions submitted by the parties may only be the subject of a tacha for the reasons and in the manner provided for in Articles 343 and 344 of this Law, but not covered by the parties.

3. In addition to the causes of recusal provided for in the Organic Law of the Judiciary, they are causes for the recusal of the experts:

1. First Haber previously on the same subject matter to the recusal party, either inside or outside the process.

2. Mª Haber served as such expert to the contrary litigant or to be dependent or partner of the same.

3. Take part in society, establishment, or business that is part of the process.

Article 125. How to propose the recusal of experts.

1. The objection shall be made in writing signed by the lawyer and the prosecutor of the party, if they intervene in the case, and addressed to the holder of the Court or the Magistrate's Magistrate, if it were a collegiate court. The reason for the recusal and the means of testing shall be given in particular, and copies shall be accompanied for the recusal and for the other parts of the process.

2. If the cause of the recusal is prior to the appointment of the expert, the document must be submitted within two days of the notification of the appointment.

If the cause is after the designation, but prior to the issuance of the opinion, the recusal document may be submitted before the day indicated for the judgment or hearing or at the beginning of the judgment.

3. After the judgment or hearing, the expert may not be challenged, without prejudice to the fact that the reasons for recusal existing at the time of the opinion but known after the judgment may be brought to the court before it is delivered. judgment and, if this is not possible, the court competent for the second instance.

Article 126. Admission of recusal writing.

Proposal in time and form the recusal, will be given transfer of copy of the written to the recused expert and to the parts. The recusal must manifest before the Judicial Secretary whether or not it is true that the recusal is founded. If it is recognized as true and the court considers the recognition to be founded, it will be challenged without further formalities and will be replaced by the alternate. If the recusal is the alternate, and will recognize the certainty of the cause, it will be within the provisions of article 342 of this Law.

Article 127. Substantiation and decision of the recusal incident.

1. When the expert denies the certainty of the cause of the challenge or the court will not accept the recognition by the expert of the concurrence of that cause, the court will send to the parties that appear to their presence the day and hour that will point out, with the evidence that they try to avail themselves and assist their lawyers and prosecutors, if their intervention is mandatory in the process.

2. If you do not share the challenge, you will be given a withdrawal from the recusal.

3. If the challenge is compared and the challenge is repeated, the court shall accept the relevant and useful evidence and shall, acting by order, decide by order of what it deems appropriate.

If the recusal is estimated, the recused expert will be replaced by the alternate. If, for the purpose of being the alternate, the person is not more expert, it shall be carried out in accordance with the provisions of Article 342 of this Law.

4. No recourse shall be made against the decision on the challenge of the expert's refusal, without prejudice to the right of the parties to raise the issue at the higher instance.

Article 128. Costs.

The costs of the costs of the investigation of the experts will be the same as for the incident of recusal of Judges and Magistrates.

TITLE V

From the judicial proceedings

CHAPTER I

From the place of court proceedings

Article 129. Place of the proceedings of the trial.

1. The proceedings of the trial shall be held at the seat of the court, except those which by its nature must be practised elsewhere.

2. Actions to be taken outside the judicial party where the seat of the court hearing the proceedings shall be conducted, where appropriate, by judicial assistance.

3. By way of derogation from the foregoing paragraph, the courts may be established anywhere in the territory of their constituency for the practice of actions where it is necessary or appropriate for the proper administration of justice.

They will also be able to move out of the territory of their constituency for the practice of test actions, as prevented in this Law and in Article 275 of the Organic Law of the Judiciary.

CHAPTER II

From the time of court proceedings

SECTION 1. DAYS AND BUSINESS HOURS

Article 130. Business days and hours.

1. Court proceedings shall be carried out in working days and hours.

2. It is business days all year, except on Sundays, national holidays and holidays for work purposes in the respective Autonomous Community or locality. They will also be indeft on the days of August.

3. It is understood by working hours that they mediate from eight in the morning at eight in the afternoon, except that the law, for a concrete action, has something else.

For the acts of communication and execution, it shall also be considered working hours from eight to ten at night.

Article 131. Enabling days and business hours.

1. The courts may, on their own initiative or at the request of a party, enable the working days and hours, where there is an urgent need to do so.

2. Actions by the court whose delay may cause serious harm to the persons concerned or the good administration of justice, or the ineffectiveness of a judicial decision, shall be considered urgent.

3. In the case of urgent action referred to in the preceding paragraph, the days of August shall be the working day, without the need for a declaration of entitlement. It shall not be necessary to enable the urgent action which has been initiated in working hours to be continued in indeft hours during the time required.

4. No appeal shall be admissible against a court ruling for the enabling of working days and hours.

SECTION 2. DEADLINES AND TERMS

Article 132. Terms and terms.

1. The proceedings of the trial shall be carried out on the terms or within the time limits laid down for each of them.

2. Where no term or term is fixed, it shall be understood that they must be practised without delay.

3. The violation of the provisions of this article by the courts and personnel in the service of the Administration of Justice of not mediating just cause will be corrected disciplinarily in accordance with the provisions of the Organic Law of the Judiciary, without prejudice to the right of the injured party to require the other responsibilities to be carried out.

Article 133. Computation of deadlines.

1. The time limits shall begin to run from the day following the day on which the act of communication of which the Law makes the start of the period depends, and shall be counted on the day of expiry, which shall expire at 24 hours.

However, when the Law indicates a period that begins to run from the end of the other, that period shall be computed, without the need for a new notification, from the day following that of the expiration of the latter.

2. In the calculation of the time limits specified for days, the indeft shall be excluded.

For the time limits set out in the urgent actions referred to in Article 131 (2), the days of August shall not be considered to be indeft and shall be excluded from the calculation on Sundays and holidays only.

3. The time limits specified for months or years shall be computed from date to date.

When in the month of expiration there is no day equivalent to the beginning of the computation, the term expires the last of the month.

4. The time-limits for Sunday or other non-working day shall be deemed to be extended until the following working time.

Article 134. Uncarryover of time limits.

1. The deadlines set out in this Act are unextendable.

2. They may, however, interrupt the time limits and delay the terms in case of force majeure which prevents them from being fulfilled, their computation being resumed at the time when the determining cause of the interruption or delay has ceased. The concurrency of force majeure shall be appreciated by the court, either on its own initiative or at the request of the party who suffered it, with the hearing of the others.

Article 135. Submission of written submissions, for the purposes of the time requirement of procedural acts.

1. Where the lodging of a document is subject to a period of time, it may be effected up to 15 hours on the working day following the expiry of the period, at the Registry of the court or, if any, at the central registration office or service set.

2. In proceedings before the civil courts, the submission of written submissions in the Court of Justice shall not be admissible.

3. Judicial Secretaries or officials appointed by them shall take steps to record the day and time of the filing of the proceedings, the written initiation of the proceedings and of any other proceedings the filing of which is subject to a period of time.

4. In any event, the receipt of the documents and documents which they submit with the expression of the date and time of filing shall be given to the party. It may also be made to note the receipt of documents and documents in a simple copy submitted by the party.

5. Where the courts and the subjects involved in a process have technical means to enable the sending and normal reception of documents and documents, in such a way as to ensure the authenticity of the communication and to be consistent If the documents and documents are to be sent by those means, they shall be acknowledged in the same way and shall be submitted for the purposes of the exercise of the rights and of the compliance with duties in time established in accordance with the law.

However, as provided for in the previous paragraph, for the purposes of testing and compliance with legal requirements requiring the availability of the original documents or of the authentic copies, they must be made available to the court. within three days of the shipment effected in accordance with the preceding paragraph.

6. As regards the transfer of the documents and documents, the provisions of Chapter III of Title I of Book II may be made, but may be effected, to the procurators or to the other parties, as provided for in the preceding paragraph, meet the requirements that you set.

Article 136. Preclusion.

Elapsed or passed the term indicated for the performance of a procedural act of part will produce the preclusion and will miss the opportunity to perform the act in question. The Judicial Secretary shall record the course of the term by means of diligence and shall agree with what is appropriate or shall give the court a decision to give the appropriate resolution.

CHAPTER III

From immediacy, advertising, and official language

Article 137. Judicial presence in statements, evidence and views.

1. The Judges and the Magistrates of the Court who are aware of a matter shall witness the statements of the parties and witnesses, the air, the exhibits, explanations and answers to be offered by the experts, as well as the criticism. (a) oral part of its opinion and any other evidence which, in accordance with the provisions of this Law, must be carried out in a contradictory and public manner.

2. Hearings and hearings which are intended to hear the parties before a decision are taken shall always be before the Judge or the Magistrates who are members of the court hearing the case.

3. The infringement of the provisions of the preceding paragraphs shall determine the full nullity of the relevant actions.

Article 138. Publicity of the oral proceedings.

1. The evidence, the views and the hearings to be heard by the parties before a decision is taken shall be carried out in a public hearing.

2. The actions referred to in the preceding paragraph may, however, be held behind closed doors where this is necessary for the protection of public policy or national security in a democratic society, or where the interests of the or the protection of the private life of the parties and of other rights and freedoms so require or, in so far as the court considers it strictly necessary, when, by the concurrence of special circumstances, the could harm the interests of justice.

3. Before agreeing to the closed-door celebration of any performance, the court will hear the parties who were present at the event. The decision shall take the form of an order and shall not be admissible, without prejudice to the right to protest and to raise the matter, if admissible, in the appeal against the final judgment.

Article 139. Secret of the deliberations of the collegiate courts.

The deliberations of the collegiate courts are secret. It will also be the result of the votes, without prejudice to the provisions of the law on the advertising of private votes.

Article 140. Information about the actions.

1. Judicial Secretaries and competent staff at the service of the courts shall provide any person who has a legitimate interest with information as to the status of the proceedings, which they may examine and know. They may also request those, at their expense, to obtain simple copies of written documents and documents.

2. At the request of the persons referred to in the preceding paragraph, and at their expense, the judicial secretary shall issue the testimonies they request, with the expression of their addressee.

3. By way of derogation from the foregoing paragraphs, the courts by means of a self-service may assign a reserved character to all or part of the cars where such a measure is justified in the light of the circumstances expressed by the paragraph 2 of Article 138.

Reserved actions can only be known by the parties and by their representatives and defenders, without prejudice to facts and data with criminal, tax or other relevance.

Article 141. Access to books, files, and court records.

Persons who credit a legitimate interest may access the books, files and court records that are not reserved and obtain, at their expense, testimony or certification of the ends they indicate.

Article 142. Official language.

1. In all proceedings, the Judges, Magistrates, Prosecutors, Judicial Secretaries and other officials of the Courts and Courts will use Spanish, the official language of the State.

2. The Judges, Judges, Judicial Secretaries, Prosecutors and other officials of the Courts and Tribunals may also use the official language of the Autonomous Community, if none of the parties object, alleging ignorance of the could produce defenselessness.

3. The parties, their procurators and lawyers, as well as the witnesses and experts, may use the language which is also official in the Autonomous Community on whose territory the judicial proceedings take place, in both oral and oral manifestations. written.

4. The judicial proceedings and the documents presented in the official language of an Autonomous Community shall have, without the need for translation into Spanish, full validity and effectiveness, but their translation shall be carried out on their own initiative when they are required effect outside the jurisdiction of the judicial bodies in the Autonomous Community, except in the case of Autonomous Communities with a matching official language. The translation shall also be carried out where the laws so provide or at the request of a party which claims to be defenseless.

5. In oral proceedings, the court by means of providence may enable as an interpreter any person who is aware of the language used, prior oath or promise of faithful translation.

Article 143. Intervention by interpreters.

1. Where a person who does not know Spanish or, where appropriate, the official language of the Autonomous Community is to be questioned or to give a statement, or if he is required to give him or her a personal opinion, the Court by means of providence may enable any person to whom the language is concerned to be an interpreter, requiring the oath or promise of a true translation.

Of the actions that will be taken in these cases, the minutes will be drawn up, in which the texts will be recorded in the original language and their translation into the official language and will also be signed by the interpreter.

2. In the same cases as in the previous paragraph, if the person is deaf and knows how to read, the writing will be used, and if I know how to write, it can be worth writing. In the event that you do not know how to read or write, the appropriate interpreter shall be appointed, as set out in the paragraph.

Of the actions to be taken in relation to the deafomudos, the appropriate minutes will also be lifted.

Article 144. Documents drawn up in non-official language.

1. Any document drawn up in a language other than Spanish or, where appropriate, the official language of the Autonomous Community concerned shall be accompanied by the translation of the document.

2. Such a translation may be made privately and, in such a case, if any of the parties contest it within five days of the transfer, stating that it does not have it faithfully and accurately and expressing the reasons for the discrepancy, order, in respect of the party that exists, the official translation of the document, at the expense of the person who presented it.

However, if the official translation done at the request of the party is to be substantially identical to the private translation, the expenses incurred by the private party shall be borne by the person who requested it.

CHAPTER IV

From the judicial public faith and the documentation of the actions

Article 145. Judicial public faith.

1. It is for the judicial secretary, with the character of authority, to attest to the procedural steps taken in the court or to the court, wherever it is constituted, as well as to issue certified copies and testimonies of the proceedings. secret or reserved for interested parties.

Specifically, the Judicial Secretary:

1. The Dara faith, by itself or through the corresponding record, of whose operation shall be responsible, of the receipt of written documents and receipts accompanying them.

2. Dejara constancy of the performance of procedural acts in the court or before it and of the production of facts with a procedural importance.

2. The Judicial Secretary may be replaced in the terms provided for in the Organic Law of the Judiciary.

Article 146. Documentation of the actions.

1. Procedural actions that do not consist of documents and documents shall be documented by means of minutes, proceedings and notes.

2. When the law provides for the release of the minutes, it shall be collected, with the necessary extension and detail, all the action taken. However, in the case of actions which, in accordance with this Law, are to be recorded in support of recording and reproduction, the minutes shall be limited to the entries, together with the data relating to the time and place, the requests and proposals of the parties and the decisions taken by the court, as well as the circumstances and incidents which cannot be recorded on that support.

3. The courts may use technical means of documentation and archiving of their actions and of the documents and documents they receive, with the guarantees referred to in Article 135 (5) of this Law. They may also employ technical means of monitoring the state of the processes and statistics relating to them.

Article 147. Documentation of the performances by means of recording and reproducing systems of the image and the sound.

Oral performances in views and appearances will be recorded in support for the recording and reproduction of sound and image.

The recording shall be made in the faith of the Secretary of the Judiciary, who shall be responsible for the custody of the tapes, discs or devices in which the recording was made.

The parties may request, at their expense, a copy of the original recordings.

Article 148. Training, custody and conservation of cars.

The cars will be formed by the Judicial Secretary, who will be responsible for their preservation and custody, except for the time when they are held by the Judge or the Magistrate or other Magistrates of the Court.

CHAPTER V

From acts of judicial communication

Article 149. Classes of communication acts of the court.

The court's procedural acts of communication will be:

1. Notifications, when they are intended to make news of a resolution, diligence, or performance.

2. Sites, to be customized and to act within a time frame.

3. Citations, when determining place, date, and time to appear and act.

4. Requirements to order, according to law, conduct or inactivity.

5. Mandations, to order the bookseller of certifications or testimonials and the practice of any performance whose execution corresponds to the registrars of the property, mercantiles, of ships, of sales in terms of goods furniture, notaries, trade brokers or agents of the Court or Court.

6. Office for communications with non-judicial authorities and officials other than those mentioned in the previous number.

Article 150. Notification of decisions and measures of ordination.

1. Court decisions and order proceedings shall be notified to all parties involved in the proceedings.

2. At the court's disposal, the process will also be notified to persons who, according to the same cars, may be affected by the judgment which will be handed down at the time. This communication will be carried out, with the same requirements, when the court warns of indications that the parties are using the process for fraudulent purposes.

3. Third parties shall also be notified in cases where the law provides for this.

Article 151. Time of communication.

1. All court decisions and order measures shall be notified within the maximum period of three days from the date of their publication or publication.

2. The acts of communication to the State Advocate and the Prosecutor's Office, as well as those that are carried out through the services of notifications organized by the Colleges of Attorneys, will be held the day after the date of the receipt of the due diligence.

Article 152. Form of the acts of communication. Response.

1. The acts of communication shall be carried out under the direction of the Judicial Secretary, who shall be responsible for the proper organization of the service. Such acts shall be effected materially by the Secretary of the Judiciary himself or by the official whom he designates, and in any of the following forms, as provided for in this Law:

1. Through procurator, dealing with communications to those who are personated in the process with representation of the one.

2. Issuance of what is to be communicated by mail, telegram or any other technical means that allows to leave in the cars a reliable record of the reception, of its date and of the contents of the communiqué.

3. Surrender to the recipient of a literal copy of the resolution to be notified, of the order of the court or of the subpoena or placement card.

2. The tribunal shall express the court which has issued the judgment, and the case in which the person is referred to, the name and surname of the person to whom the summons or placement is made, the object of the summons and the place, day and time of the appearance of the summons. cited, or the time within which the action to which the site relates must be carried out, with the prevention of the effects which, in each case, the law establishes.

3. In the case of notifications, citations and sites, no reply from the person concerned shall be admitted or entered, unless it has been sent. In the requirements, the answer to the requirement shall be accepted, which shall be shown succinctly in the diligence.

Article 153. Communication by means of procurator.

The communication with the parties personated in the trial will be made through your attorney when you represent them. The Attorney General shall sign the notifications, sites, citations and requirements of all classes that must be made to his/her power in the course of the process, including those of judgments and those that have as their object any action to be taken personally the mightily.

Article 154. Place of communication of the acts to the procurators.

1. The acts of communication with the procurators shall be carried out at the seat of the court or in the common service of reception organized by the College of Attorneys. The internal regime of this service shall be the competence of the College of Attorneys, in accordance with the law.

2. The copy of the resolution or the cedula shall be forwarded to this service, in duplicate, of which the prosecutor shall receive one copy and sign another copy which shall be returned to the court by the service itself.

Article 155. Acts of communication with the parties not yet personified or not represented by procurator. Address.

1. Where the parties are not represented by procurator or are the first site or summons to the defendant, the acts of communication shall be made by reference to the domicile of the litigants.

2. The address of the claimant shall be the address of the application or the request or application for the initiation of the proceedings. The claimant shall also designate, as the address of the defendant, for the purposes of the first location or summons of the defendant, one or more of the places referred to in the following paragraph of this Article. If the claimant designates several places as addresses, it shall indicate the order by which the communication can be successfully carried out.

The claimant must also indicate how much data the defendant knows and which can be useful for the location of the defendant, such as telephone, fax or similar numbers.

The defendant, once compared, may designate, for subsequent communications, a different address.

3. For the purposes of acts of communication, it may be designated as an address for which it appears on the municipal register or which is officially recorded for other purposes, as well as the one appearing on the official register or in publications of professional colleges, (a) for undertakings and other entities or persons engaged in the profession for which they must be compulsorily, respectively. It may also be designated as an address for the purpose of the non-occasional professional or occupational activity.

4. If the parties are not represented by procurator, the communications made in any of the places referred to in the previous paragraph, which have been designated as direct addresses, shall have full effect as soon as the correct information is obtained. referral of the communication even if it is not received by the addressee.

However, if the communication is intended to be in the form of a personal judgment or the personal intervention of the parties in certain procedural proceedings and shall not include the receipt by the party concerned, it shall be provided for in Article 158.

5. When the parties change their domicile during the process, they shall immediately inform the court.

You must also communicate any changes relating to your telephone number, fax number or the like, provided that the latter are being used as instruments of communication with the court.

Article 156. Court inquiries about the domicile.

1. In cases where the complainant has stated that it is impossible for him to designate a domicile or residence of the defendant, for the purposes of his/her personation, the appropriate means shall be used to ascertain these circumstances and may, where appropriate, address the Records, bodies, professional bodies, entities and undertakings referred to in Article 155 (3).

Upon receipt of these communications, the Public Records and Bodies shall proceed in accordance with the provisions governing their activity.

2. In no case shall the designation of domicile be deemed to be impossible for the purposes of acts of communication if such address is contained in public records or records, to which access may be granted.

3. If the findings referred to in paragraph 1 result in the knowledge of an address or place of residence, the communication of the second form laid down in Article 152 (1) shall be carried out, where appropriate, where appropriate, the information provided by the provided for in Article 158.

4. If these findings are unsuccessful, the communication will be performed using edicts.

Article 157. Central registry of civilian rebels.

1. The courts which have performed unsuccessfully the findings referred to in the preceding article shall communicate the name of the defendant and the other identity data to the Central Register of civil rebels, which shall exist with Seat at the Ministry of Justice.

2. Any court which is required to ascertain the domicile of a defendant may refer to the Central Register of civil rebels to check whether the defendant is in such a register and whether the information in the register is the same as the court. In such a case, by providence, the Edictal communication of the defendant may be directly agreed.

3. The defendant registered in the Registry may request the cancellation of the registration by communicating the address to which the judicial communications may be directed. The Registry shall send to the courts where it is established that there is a process against the defendant, the address indicated by the defendant for the purpose of communications, and the practice of such communications is valid from that time on.

Article 158. Communication by delivery.

Where, in the cases referred to in Article 155 (1), it cannot be established that the addressee has received a communication which is intended to be personable in the judgment or in the conduct or personal intervention of the parties in question. certain procedural actions shall be delivered in the manner set out in Article 161.

Article 159. Communications with witnesses, experts and others who are not a party to the trial.

1. Communications to be made to witnesses, experts and other persons who, without being a party to the judgment, are required to intervene, shall be referred to their addressees in accordance with the provisions of Article 160 (1). The referral shall be made to the address designated by the interested party and the findings referred to in Article 156 may be made, where appropriate.

2. Where the failure of the communication by reference or the circumstances of the case so advises, the object of the communication and the nature of the proceedings which are dependent on it, the court shall order that the case be pursuant to Article 161.

3. The persons referred to in this Article shall communicate to the court any change of domicile that occurs during the substantiation of the process. At the first appearance they will be informed of this obligation.

Article 160. Referral of communications by mail, telegram or other similar means.

1. Where the copy of the copy of the judgment or of the document is sent by registered post or telegram with acknowledgement of receipt, or by any other means such as to allow the record to be left on the record of receipt of the notification, of the date of receipt, and of its contents, the Secretary of the Judiciary shall attest to the orders of the referral and the contents of the referral, and shall attach to those, where appropriate, the acknowledgement of receipt or the means through which the receipt is recorded.

2. At the request of a party and at the expense of the interests of the party, it may be ordered that the referral be made simultaneously to several places as provided for in Article 155 (3).

3. Where the addressee has his address in the party where the seat of the court is to be held, and in the case of communications on which the person is responsible or the conduct or personal intervention in the proceedings, he may refer, for any of the means referred to in paragraph 1, where the addressee appears in that headquarters for the purpose of being notified or required or to be transferred from a document.

The cedula shall express with due precision the object for which the appearance of the site is required, indicating the procedure and the subject matter, with the warning that, if the site does not appear, without cause justified, within the prescribed period, the communication in question or the transfer shall be carried out.

Article 161. Communication by means of copy delivery of the resolution or cedula.

1. The delivery to the addressee of the communication of the copy of the resolution or of the ceding shall be made at the seat of the court or at the address of the person to be notified, required, summoned or placed.

Delivery shall be documented by means of diligence that shall be signed by the Secretary of the Judicial or the official who carries out the delivery and by the person to whom it is made, the name of which shall be stated.

2. Where the addressee of the communication is found at the address and refuses to receive the copy of the decision or the transferor or does not wish to sign the accrediting diligence of the delivery, the Judicial Secretary or designated official shall admonish him of the obligation imposed by the preceding paragraph.

If you insist on your refusal, the acting official will let you know that the copy of the resolution or the cedula is at your disposal in the Secretariat of the Court, producing the effects of the communication, all of which will remain constancy in diligence.

3. If the address in which the communication is intended to be carried out is the place where the addressee is domiciled in accordance with the municipal register or for tax purposes or according to the official register or publications of professional colleges, and shall not be there may be given to any employee or family member, over fourteen years, who is in that place, or to the janitor of the estate, if he has it, warning the recipient who is obliged to deliver the copy of the resolution or the ceding to the recipient of the same, or to give notice, if you know your whereabouts.

If the communication is addressed to the non-occasional place of work of the addressee, in the absence of the addressee, the delivery shall be made to a person who manifests himself or, if there is a dependency in charge of receiving documents or objects, to whom you are in charge of it.

Diligence shall include the name of the person to whom the communication is addressed and the date and time at which it was sought and not found at its address, as well as the name of the person receiving the copy of the decision. or the transferor and the relationship of that person to the recipient, producing all of its effects the communication thus made.

4. In the event that no one is found at the address to which a communication act is being carried out, the Judicial Secretary or designated official shall endeavour to find out if the addressee lives there.

If you no longer reside or work at the address to which you come and some of the persons consulted knew the current one, this will be recorded in the negative communication diligence.

If the defendant's domicile cannot be known by this means and the claimant has not designated any other possible addresses, it shall be carried out in accordance with the provisions of Article 156.

Article 162. Acts of communication by electronic, computer and similar means.

1. Where the courts and tribunals and the parties or the addressees of the acts of communication dispute electronic, telematic, infot-lating, or other such means, enabling the sending and receipt of written and documents, in such a way as to ensure the authenticity of the communication and its content and to be satisfied with the full remission and receipt of the documents and the moment they were made, the acts of communication may be carried out by those means, with the acknowledgement of receipt as appropriate.

The parties and the professionals involved in the proceedings must inform the court of the fact that they have the means and their address.

The Ministry of Justice shall also provide an electronically accessible register of the indicated means and the addresses of the public bodies.

2. Where the authenticity of decisions, documents, opinions or reports submitted or transmitted by the means referred to in the preceding paragraph may be recognised or verified only by direct examination or by other procedures, Those who are required to provide or transmit to the parties and stakeholders in a manner appropriate to these procedures or in the manner provided for in the previous Articles, with respect to the time and place requirements that the law points out for each case.

Article 163. Common Service of Notifications.

In the populations where it is established, the Common Service of Notifications shall practice the acts of communication to be performed.

Article 164. Edictal communication.

Where, where applicable, the findings referred to in Article 156 are not known, the address of the addressee of the communication cannot be known, or where the communication with all its members cannot be completed or carried out. effects, in accordance with the provisions of the foregoing Articles, or where, in the case referred to in Article 157 (2), the court, by means of providence, entered in such circumstances, shall send the communication by setting the copy of the resolution or the card in the court of court or tribunal.

Only at the request of part, and at its cost, will be published in the "Official Gazette" of the province, of the Autonomous Community, in the "Official Gazette of the State" or in a national or provincial newspaper.

Article 165. Acts of communication through judicial assistance.

Where the acts of communication are to be carried out in accordance with Article 161 of this Law by a court other than that which has been ordered, the corresponding copy or cedula shall be accompanied to the office and the other each case proceeds.

These acts of communication shall be completed within a period of not more than 20 days from their receipt. Where it is not carried out at the time indicated, for which the court shall be required to comply, the causes of the delay shall be expressed, where appropriate.

Article 166. Nullity and remedy of acts of communication.

1. Acts of communication which are not practised in accordance with the provisions of this Chapter shall be null and void.

2. However, when the person notified, cited, placed or required to have been informed in the case, and does not denounce the nullity of the due diligence in his first act of appearance before the court, he has since then all his effects, as if it was done in accordance with the provisions of the law.

Article 167. How to carry out the trades and commandments.

1. The commandments and trades shall be sent directly by the court which issues them to the authority or official to be addressed, and the means provided for in Article 162 of this Law may be used.

However, if you so request, the parties may personally carry out the commandments and trades.

2. In any event, the party to whose instance the trades and commandments referred to in this article are to be provided shall meet the costs required for its compliance.

Article 168. Responsibility of the officials and professionals involved in the procedural communication.

1. The Registrar, official, auxiliary or agent who, in the performance of the functions which are assigned to him by this chapter, shall give rise, by malice or negligence, to undue delay or delay, shall be corrected by the authority of who is dependent and shall also be liable for any damages caused.

2. The procurator who incurs in dole or late in the acts of communication whose practice has assumed or will not respect any of the legal formalities established, causing injury to third, shall be liable for damages and damages and may be sanctioned in accordance with the provisions of statutory or statutory rules.

CHAPTER VI

From the Judicial Aid

Article 169. Cases where the judicial assistance is appropriate.

1. The civil courts are obliged to assist in the actions which, having been ordered by one, require the collaboration of another for their practice.

2. Judicial assistance shall be sought for actions to be carried out outside the constituency of the court which is aware of the case, including acts of judicial recognition, where the court does not consider it possible or appropriate to do so. use of the law granting you this Act to move outside your constituency to practice them.

3. Judicial assistance may also be requested for actions to be carried out outside the municipal office in which the court has ordered them, but within the relevant judicial or constituency party.

4. The questioning of the parties, the declaration of the witnesses and the ratification of the experts shall be carried out at the seat of the Court or tribunal that is aware of the matter in question, even if the address of the persons mentioned is found outside the relevant judicial district.

Only when by reason of the distance, difficulty of the displacement, personal circumstances of the part, of the witness or the expert, or by any other cause of analogous characteristics it is impossible or very burdensome the If the persons mentioned at the Court or tribunal's seat are heard, the judicial assistance may be sought for the practice of the acts of proof referred to in the preceding paragraph.

Article 170. The body to which the judicial assistance is to be provided.

It will be for the Court of First Instance to provide the judicial aid of the place in whose constituency it is to be practised. Notwithstanding the foregoing, if a Peace Court was held in that place, and the judicial aid consisted of an act of communication, it would be up to him to practice the action.

Article 171. I urge.

1. The judicial aid shall be requested by the court which requires it by means of an appeal to the court to provide it and shall contain:

1. The designation of the urging and exhorting courts.

2. The indication of the issue that motivates the issue of the EEW.

3. The designation of persons who are a party to the matter, as well as their representatives and defenders.

4. The indication of the actions that you are interested in.

5. Where the actions concerned are to be carried out within a period of time, the date on which the action is completed shall also be indicated.

6. If for compliance with the EEW it is necessary to accompany documents, it will be made express mention of all of them.

2. The issuance and authorization of the exhorts shall be the responsibility of the Judicial Secretary.

Article 172. Referral of the EEW.

1. The exhorts shall be referred directly to the requested body by means of the judicial system or any other communication system ensuring the constancy of the receipt.

2. However, if the party to which the application of the EEW wishes so requests, it shall be handed over to him under his responsibility, so that he may present it in the requested body within the following five days. In this case, the EEW shall express the person who is in charge of his or her management, who may only be the litigator himself or prosecutor empowered to act before the court to provide the aid.

3. The other parties may also appoint an attorney-general to act before the Court that is required to provide the aid, when they wish that the resolutions that are issued for compliance with the EEW are notified to them. The same may be done by the party concerned in the enforcement of the EEW, where it has not requested that it be delivered for the purposes set out in the previous paragraph. Such designations shall be entered in the documentation of the EEW.

4. When the exhort has been referred to a different organ to which the aid is to be provided, the one who receives it will send it directly to the one concerned, if it is to be made up of it, giving account of its referral to the exhortant.

Article 173. Compliance with the EEW.

The court that receives the appeal shall have its compliance and what is necessary for the proceedings to be carried out which are of interest to him within the prescribed period.

When it does not occur, the court of appeal, on its own initiative or at the request of a party, will remind the exhortation of the urgency of compliance. If the situation persists, the court which has requested the aid shall bring the facts to the attention of the Governing Board for the requested court.

Article 174. Intervention by the parties.

1. The parties and their attorneys and prosecutors may intervene in the proceedings to be carried out for the enforcement of the EEW.

However, resolutions that are issued for the enforcement of the EEW will only be notified to the parties that have designated the Attorney General to intervene in their proceedings.

2. If no procurator has been appointed, other notifications shall not be made to the parties which require the enforcement of the EEW, where it prevents any action with summons, intervention or concurrence from the parties, and those which are accurate to require them to provide data or news that can facilitate that compliance.

Article 175. Return of the EEW.

1. The exhortation shall be communicated to the exhortation by means of the judicial system or any other communication system that guarantees the constancy of the reception.

2. The proceedings for judicial assistance shall be sent by registered post or the litigant or the prosecutor who has been entrusted with the management of the EEW shall be delivered to the litigator, who shall present them to the requesting body within 10 days. next.

Article 176. Lack of diligence of the parties in the judicial aid.

The litigant who, without fair cause, delays the submission to the exhortation or the return to the exhortant of the offices whose management has been entrusted to him will be corrected with fine of 5,000 pesetas for each day of delay with respect to the the deadline set, respectively, in Article 172 (2) and in paragraph 2 of the previous Article.

Article 177. International judicial cooperation.

1. Dispatches for the practice of judicial proceedings abroad shall be made in accordance with the international treaties in which Spain is a party and, failing that, in the internal legislation that is applicable.

2. The provisions of these rules will also be made when the foreign judicial authorities request the cooperation of the Spanish courts and tribunals.

CHAPTER VII

From the substantiation, view and decision of the cases

SECTION 1 OF ORDINARY DISPATCH

Article 178. Account dation.

1. For the ordinary office, the Court of Justice shall be given to the Chamber, the Rapporteur or the Judge, in each case, of the documents and documents presented on the same day of their presentation or on the following working day. The same shall apply in respect of minutes which have been authorised outside the judicial presence.

2. It shall also take account, on the following working day, of the length of the time-limits and of the subsequent state of the cars, as well as of the measures of organisation which have been issued.

3. Whenever necessary for the volume of pending cases, the Secretary of the Judiciary may, after the consent of the President or the Judge, delegate the account to a court or tribunal official.

Article 179. Procedural impetus and suspension of the process by agreement of the parties.

1. Unless otherwise provided by the Law, the court shall give the process the appropriate course of action, giving the necessary decisions to the effect.

2. The course of the proceedings may be suspended in accordance with the provisions of Article 19 (4) of this Law and shall be resumed if any of the parties so request. If, on the expiry of the period for which the suspension was agreed, no one would ask, within five days, for the resumption of the process, the cars will be provisionally closed and will remain in such a situation until the continuation of the process or instance expiration occurs.

Article 180. Rapporteur magistrate.

1. In the collegiate courts, each case shall be designated as a rapporteur Magistrate according to the turn established for the Chamber or Section at the beginning of the judicial year, solely on the basis of objective criteria.

2. The appointment shall be made in the first decision to be taken in the proceedings and the parties shall be notified of the name of the rapporteur and, where appropriate, of the name of the rapporteur in accordance with the shift already established, with the reasons for the substitution.

3. In the appointment of the rapporteur, all the Magistrates of the Chamber or Section, including the Presidents, shall take turns.

Article 181. Duties of the rapporteur.

In the collegiate courts, it will be up to the Magistrate Magistrate:

1. The ordinary dispatch and care of the processing of the issues that have been taken for you.

2. Examine the proposal of means of evidence that the parties present and report on their admissibility, relevance and usefulness.

3. Inform the resources of the court against the decisions of the court.

4. " Dictate the providences and propose the other resolutions to be issued by the court.

5. Draft resolutions to be issued by the court, without prejudice to the second paragraph of Article 203.

SECTION 2 OF THE VIEWS

Article 182. Pointing the views.

1. It shall be for the President, in the collegiate courts, or the Judge, in the single-person courts, to make the views of the views, by means of providence.

2. Except for legally established exceptions, the statements shall be made as the procedures come to a state in which a view is to be held and in the order in which they arrive in that state, without the need for the parties to request it.

Article 183. Request for new view pointing.

1. If any of those who have come to a hearing will find it impossible to attend the hearing on the day indicated, due to force majeure or other reason of the same entity, it shall immediately manifest it to the court, accrediting the cause or reason and requesting a new hearing or court resolution that addresses the situation.

2. If it is the lawyer of one of the parties who will consider it impossible to go to the hearing, if the situation is considered to be binding and accredited, the court will make a new point of view.

3. Where the party claims that the situation is impossible, provided for in the first paragraph, the court, if it considers the situation to be upheld, shall take one of the following decisions:

1. If the view is of processes in which the party is not assisted by a lawyer or represented by a prosecutor, the court shall make a new statement.

2. If the view is for actions in which, even if the party is assisted by a lawyer or represented by an attorney, the personal presence of the party is necessary, the court will also make a new point of view.

In particular, if the party had been summoned to respond to the interrogation under Articles 301 et seq., the court will make a further statement, with the citations that are coming. The same shall be settled where the person concerned is being questioned for questioning and who has been unable to attend.

4. Where a witness or expert who has been summoned by the court of law is in the same situation of impossibility as expressed in the first paragraph of this provision, the court, if he accepts the excuse, shall decide, parties within the common period of three days, if it leaves the point of view without effect and makes a new one or if it quotes the witness or expert for the practice of the probative performance outside the indicated view.

If the court does not consider the excuse of the witness or the expert to be at the same time, it will keep the point of view and notify them, requiring them to appear, with the warning provided for in the second in Article 292.

5. Where the court, in dealing with the situations referred to in the preceding paragraphs, appreciates that the lawyer, the litigant, the expert or the witness have proceeded with undue delay or without any ground, he may impose fines on him Up to a hundred thousand pesetas, without prejudice to what is resolved on the new point of order.

Article 184. Time for viewing views.

1. For the celebration of the views, all working hours and day-time-enabled hours may be used in one or more sessions and, if necessary, continue on the following day or days.

2. Except in cases where the law provides otherwise, between the point of view and the conclusion of the hearing, at least 10 working days shall be required.

Article 185. Celebration of the views.

1. The court is constituted in the manner provided for by this Law, the Judge or President shall declare that it is necessary to hold a public hearing, except when the act is held behind closed doors. In the light of the hearing, the Judicial Secretary will closely relate the background to the case or the issues to be addressed.

2. They shall then inform, in their order, the actor and the defendant or the appellant and the appeal, through their lawyers, or the parties themselves, where the law permits.

3. If evidence has been admitted for the act of the hearing, it shall be carried out in accordance with the rules governing it.

4. If the test is completed or, if the test has not been completed, the first stage of action has been completed, the Judge or President shall again give the floor to the parties to rectify facts or concepts and, where appropriate, to make the claims that they agree to the outcome of the tests performed.

Article 186. Address of the discussions.

During the development of the views, it is up to the Judge or President to address the discussions and in particular:

1. To maintain, with all means at its disposal, the good order in the hearings, demanding that the respect and consideration be kept due to the courts and those who are acting before them, correcting in the act the faults that are committed in the manner set out in the Organic Law of the Judiciary.

2. To speed up the development of the views, to which the attention of the lawyer or the party that in their interventions will be known to be separated from the issues that are debated, urging them to avoid unnecessary ramblings, and if they do not attend to the second warning that they are issued, they may withdraw the use of the word.

Article 187. Documentation for the views.

1. The development of the view shall be recorded in support suitable for the recording and reproduction of the sound and of the image or, if not possible, only of the sound, in accordance with the provisions of Article 147 of this Law. In such cases, if the court considers it appropriate, it shall, as soon as possible, join the file in writing a written transcript of what has been recorded on the corresponding media.

The parties may in any case request to their coast a copy of the media in which the view was recorded.

2. If the means of registration referred to in the previous paragraph cannot be used for any reason, the hearing shall be documented by means of the minutes of the Registrar.

Article 188. Suspending the views.

1. The celebration of the views on the appointed day may be suspended only by means of providence:

1. th To prevent the continuation of another slope from the previous day.

2. No. By missing the number of Magistrates necessary to dictate resolution or by indisposition of the Judge or the Judicial Secretary, if you cannot be replaced.

3. To request it according to the parties, claiming fair cause in court judgment.

4. ° By absolute impossibility of any of the parties cited for questioning in the judgment or hearing, provided that such impossibility, justified sufficiently in the judgment of the court, would have occurred when it was no longer possible to request further information in accordance with the provisions of Article 183.

5. º By death, illness or absolute impossibility of the lawyer of the party asking for the suspension, justified sufficiently, in the judgment of the court, provided that such facts had been produced when it was no longer possible request further information in accordance with the provisions of Article 183.

6. By having the defence lawyer two points of view for the same day in different courts, proving impossible, by the time set, to assist them both, provided that they sufficiently prove that, under the Article 183, attempt, without result, a new pointing that will avoid matching.

In this case, preference will be given to the relative view of the criminal case with the prisoner and, in the absence of this action, that of the oldest pointing, and if the two statements were of the same date, the corresponding view will be suspended to the most modern procedure.

The suspension of the view will not be agreed upon if the communication of the request for the view to be agreed occurs more than three days delay from the notification of the signal being received in the second place. For these purposes, the request shall be accompanied by a copy of the notification of the notice.

The provisions of the foregoing paragraph shall not apply to the views relating to criminal proceedings with a prisoner, without prejudice to the liability in which it may have been incurred.

7. The suspension of the course of the proceedings has been agreed upon or the suspension of the course of action has been agreed in accordance with the provisions of this Law.

2. Any suspension which the court agrees shall immediately be communicated to the parties and to those who have been judicially summoned in the capacity of witnesses, experts or other conditions.

Article 189. New pointing of suspended views.

1. In case of suspension of the view the new signal shall be made when the suspension is agreed and, if not possible, as soon as the reason for the suspension is removed.

2. The new signposting will be made for the most immediate day possible, without altering the order of those already made.

Article 190. Changes in judging staff after the pointing of views and possible recusal.

1. When the judgment was made and before the hearing had been held, the Judge or any magistrate of the court would have changed, as soon as it occurs and, in any event, before the hearing is given, the hearing will be heard. changes to the parties, without prejudice to the conclusion of the agreement, unless the act was challenged, even if verbally, by the Judge or any of the Magistrates who, as a result of the change, had become part of the court.

2. If the recusal referred to in the previous paragraph is made, the hearing shall be suspended and the incident shall be dealt with in accordance with the provisions of this Law, with the new indication being made once the recusal has been resolved.

The recusal that will be made verbally will contain succinct expression of the cause or causes and must be formalized in writing within three days. If this is not done within that period, it will not be admitted and a fine of 25,000 to 100,000 pesetas will be imposed on the applicant, and he will also be ordered to pay the costs incurred by the suspension. In the same resolution the new signal will be made for the view as soon as possible.

Article 191. Back-to-view recusal.

1. In the case of a change of a Judge or a Magistrate or a Judge, as referred to in paragraph 1 of the preceding Article, where the hearing has been held for failure to provide a hearing, if the tribunal is a one-person, the Judge shall cease to be three days. Before the decision is issued and if it is a collegiate court, the discussion and vote of the decision shall be suspended for three days.

2. Within the period referred to in the preceding paragraph, the Judge or the Magistrates who have entered the court after the point of order may be challenged, and if the parties do not make use of that right, the time limit shall begin to run to dictate resolution.

3. In the case referred to in this Article, only claims based on causes that could not have been known before the beginning of the hearing shall be permitted.

Article 192. Effects of the recusal decision made after the view.

If, by order of order, the objection made in accordance with the provisions of the previous article is declared, the hearing will be without effect and will be verified again on the next day, which may be noted, before Judge or with Working magistrates replacing the recused ones.

Where there is no claim to have been made, the decision shall be given by the Judge or the Magistrates who have attended the hearing, beginning to run the time limit for the day following the date on which the decision was taken. on recusal.

Article 193. Stopping the views.

1. After a view is started, it can be interrupted only:

1. º When the court must resolve any incidental issues that it cannot decide on the act.

2. º When a test diligence is to be performed outside the seat of the court and cannot be verified in the intervening time between one session and another.

3. When the witnesses or experts are not present, the court considers the declaration or the report to be essential.

4. º When, after the view started, some of the circumstances that would have determined the suspension of its celebration occur.

2. The view will resume after the cause of the outage has disappeared.

3. When the view cannot be resumed within 20 days of the interruption of the hearing, the new hearing shall be held, with the appropriate indication being made as soon as possible.

The same shall be done, even if that period has not elapsed, provided that the Judge before whom the suspended hearing began to take place is to be replaced and, in the case of collegiate courts, where the hearing cannot be resumed with Magistrates of those who have already acted on it in sufficient numbers to pass judgment.

SECTION 3 OF THE VOTES AND RULINGS OF CASES

Article 194. Judges and Magistrates who are responsible for failing matters.

1. In cases which are to be absent after the conclusion of a hearing or judgment, the wording and signature of the decision, in the single-person courts, or the deliberation and vote, in the collegiate courts, shall be carried out, respectively, by the Judge or by the Magistrates who have attended the hearing or judgment, even if after the hearing they have left those to perform their duties in the court hearing the case.

2. The Judges and Magistrates who, after the hearing or judgment, are exempted from the provisions of the previous paragraph:

1. No. They had lost the status of Judge or Magistrate.

However, the provisions of paragraph 1 of this Article shall apply to retired Judges and Magistrates by age and to substitute Judges and Alternate Magistrates who have ceased to be appointed by the time of resignation. for which they were appointed or for the age of seventy-two years.

2. º They have been suspended from the exercise of their functions.

3. º have been granted public office or profession incompatible with the exercise of the judicial or past function to the situation of voluntary leave to appear as candidates for positions of popular choice.

Article 195. Information from the Magistrates on the contents of the cars in collegiate courts.

1. The rapporteur shall have at his disposal the orders to deliver judgment or decision-making for incidents or appeals, and the other members of the court may examine those at any time.

2. Having concluded the hearing on the matters in which it precedes the decision or, in another case, from the day the President makes the point for deliberation, voting and ruling, any of the Magistrates may ask for the cars for their study.

When you ask for several, the one that you chair will set the time for each one to have them, so that the sentences can be dictated within the time frame for it.

Article 196. Deliberation and vote of resolutions in collegiate courts.

In the collegiate courts, the resolutions will be discussed and voted on immediately after the hearing, if it will be held and, in another case, the president will point out the day when they will discuss and vote, within the deadline. Stated by the Law.

Article 197. Form of the discussion and vote of the resolutions in the collegiate courts.

1. In the collegiate courts, the discussion and vote of the resolutions shall be directed by the President and shall be verified in a closed manner.

2. The Judge-Rapporteur shall submit to the deliberation of the Chamber or Section the points of fact and the questions and grounds of law, as well as the decision which, in his opinion, must be borne and, after the necessary discussion, the vote shall be taken.

Article 198. Vote on the resolutions.

1. The President may agree that the vote shall take place separately on the various statements of fact or law to be made, or on part of the decision to be taken.

2. The rapporteur will vote first and then the other magistrates, in the reverse order of their seniority. The President will vote last.

3. The vote will not be interrupted, but by some insuperable impediment.

Article 199. Unordered Magistrates ' vote after view.

1. If, after the hearing, some Magistrate is unable to attend the discussion and vote, he will give his vote in writing, founded and signed, and forward it directly to the President of the Court. If you cannot write or sign, you will be taken from the Clerk of the Court.

The vote thus issued will be computed with the others and will be retained, initialled by the one I chair, with the book of judgments.

2. When the Magistrate prevented from voting or even in that way, the matter shall be decided by the other Magistrates who have attended the hearing, if they take the necessary to form a majority. If they are not used, they shall be revisited, with the assistance of those who have attended the previous one and those who are to replace the orders, and in this case the provisions of Articles 190 to 192 of this Regulation apply. Law.

3. The provisions of the above paragraph shall also apply where one of the Magistrates who took part in the hearing is unable to intervene in the deliberation and vote to be found in one of the cases referred to in Article 194 (2).

Article 200. Impairment of the Judge who attended the hearing.

In the single-person courts, when after the hearing the Judge who has attended it will be prevented and unable to dictate the resolution even with the assistance of the Judicial Secretary, a new hearing will be held President: President of the Court of

.

The same shall be done where the Judge who has participated in the hearing cannot issue the judgment in any of the cases provided for in Article 194 (2).

Article 201. Majority of votes.

In collegiate courts, cars and sentences will be dictated by an absolute majority of votes, unless the law expressly points to a greater proportion.

In no case can a certain number of compliant votes be required to distort the majority rule.

Article 202. Discordias.

1. When, in the vote on a resolution, no majority of votes are cast on any of the statements of fact or of the right to be made, they shall be discussed again and the points on which the voters have disaffected shall be voted on.

2. If no agreement is reached, the discord will be resolved by holding a new hearing, with the judges attending the first, increasing two more, if the number of the discordant ones has been to go unpunished, and three in the case of have been par. For this purpose, first, the President of the Chamber or Section, if he has not already attended; second, the Magistrates of the same Chamber who have not seen the suit; thirdly, the President of the Hearing; and, finally, the Magistrates of the other Chambers or Sections, with preference of those of the same court, according to the order that the Chamber of Government agrees.

3. The person who is to preside over the compound chamber according to the preceding paragraph shall make the point, by means of providence, of the views of discord and appropriate designations.

4. If, in the vote on a resolution by the Chamber provided for in the second paragraph of this Article, no majority is reconvened on the points of order, a new vote shall be taken, subject only to the two opinions which they have obtained. higher number of votes in the preceding one.

Article 203. Drafting of resolutions in the collegiate courts.

In the collegiate courts it is up to the rapporteur to write the resolutions that have been submitted for discussion in the Chamber or Section, if it will be settled with the agreement.

When the rapporteur will not be satisfied with the majority vote, he will decline the wording of the resolution, and must give his particular vote. In this case, the President shall entrust the drafting to another Magistrate and shall have the necessary rectification at the time of the papers to restore the equality in the matter.

Article 204. Signature of the resolutions.

1. Court decisions shall be signed by the Judge or by all the non-placed Magistrates within the time limit set for them.

2. Where, after the decision has been taken by a collegiate court, any Magistrate of which he has voted shall be prevented from signing the judgment, he who has presided over it shall express the name of the Magistrate by whom he signs and stating that the failed Magistrate voted but was unable to sign.

If the precluded is the President, the oldest Magistrate will sign for it.

3. Court decisions must be authorized or published by the Secretary of the Judiciary, under the penalty of nullity.

Article 205. Particular votes.

1. Anyone who takes part in the vote on a final judgment or order shall sign the agreement, even if the majority is disent; but may, in this case, announce it at the time of the vote or in the time of the signature, to make a special vote, in form of judgment, in which the points of fact and grounds of law of the court with which it is satisfied may be accepted, by reference.

2. The particular vote, with the signature of the author, shall be incorporated in the book of judgments and shall be notified to the parties together with the judgment approved by a majority. Where, in accordance with the law, the publication of the judgment is required, the particular vote, if any, shall be published next to it.

3. A particular vote may also be taken, subject to the provisions of the preceding paragraphs, in respect of cars and providences which are succinctly motivated.

CHAPTER VIII

Of the court decisions and the measures of ordination

SECTION 1 OF THE CLASSES, FORM AND CONTENT OF RESOLUTIONS AND HOW TO DICTATE, PUBLISH, AND ARCHIVE

Article 206. Classes of court decisions.

1. Decisions of civil courts shall be referred to as providences, cars and judgments.

2. In the declaration processes, when the Law does not express the class of resolution to be used, the following rules shall be observed:

1. It will be provided when the resolution is not limited to the application of procedural impulse rules, but refers to procedural issues that require a judicial decision, either by establishing the law, or by derive from them charges or affect the procedural rights of the parties, provided that in such cases the form of order is not expressly required.

2. Cars shall be issued when decisions are taken against providences, when the case is settled on admission or inadmissibility of the claim, counterclaim and accumulation of shares, on the basis of the procedural budgets, admission or inadmissibility of the evidence, judicial approval of transactions and conventions, annotations and registrations, precautionary measures, nullity or validity of the actions and any incidental issues, whether or not they have been indicated in this law special processing.

They will also be in the form of self-resolutions that end the actions of an instance or resource before its ordinary processing is completed.

3. Sentence will be given to end the process, in the first or second instance, once it has concluded its regular processing provided for in the Law. Extraordinary resources and procedures for the review of firm judgments will also be resolved by judgment.

3. The rules set out in the preceding paragraphs shall be followed, as applicable, in the implementation processes.

Article 207. Final resolutions. Final resolutions. Formal res judicata.

1. It is final resolutions that end the first instance and those that decide the resources interposed in front of them.

2. These are firm resolutions against which there is no recourse either for not preventing the law, or because the time limit has been laid down legally without any of the parties having submitted it.

3. Final decisions are passed on to the authority of res judicata and the court of the process in which they have fallen shall in any case be subject to the provisions of those resolutions.

4. After the time-limits for the application of a decision without having been challenged, the court shall be held to be final and final in the case of the court of proceedings where it is in any event that it falls under the jurisdiction of the court.

Article 208. Form of the resolutions.

1. The providences shall be limited to expressing what is to be the case and shall also include a statement of reasons where the law or the court considers it appropriate.

2. Orders and judgments shall always be reasoned and shall contain, in separate and numbered paragraphs, the factual background and the basis of law on which the subsequent operative part or judgment is based.

3. All decisions shall include the reference to the place and date of adoption and the indication of the court which gives them, with the expression of the Judge or the Judges who integrate it and its signature and indication of the name of the rapporteur, where the court is colegated.

In the case of providences issued by the Chambers of Justice, the signature of the rapporteur is sufficient.

4. When the decision is notified to the parties, it shall be indicated if the decision is firm or if there is an appeal against it, with the expression, in the latter case, of the action to be taken, of the body to which it is to be brought and of the time limit for recourse.

Article 209. Special rules on the form and content of the statements.

The statements will be formulated as provided in the previous article and subject, in addition, to the following rules:

1. In the heading, the names of the parties must be expressed and, where necessary, the legitimization and representation under which they act, as well as the names of the lawyers and procurators and the object of the judgment.

2. The history of fact shall state, with the possible clarity and concision, and in separate and numbered paragraphs, the claims of the parties or persons concerned, the facts in which they are based, that they have been alleged (a) timely and related to the issues to be resolved, the evidence to be proposed and the evidence to be carried out and the facts proven, where appropriate.

3. In the grounds of law, the points of fact and law fixed by the parties and those which offer the disputed questions, giving the reasons and legal bases of the case, shall be expressed in separate and numbered paragraphs. Failure to dictate, with concrete expression of the legal rules applicable to the case.

4. The judgment, which shall be accommodated as provided for in Articles 216 et seq., shall contain, numbered, the pronouncements corresponding to the claims of the parties, although the estimation or dismissal of all or some of the such claims could be deduced from the legal bases, as well as the judgment on the costs. It shall also determine, where appropriate, the amount of the sentence, without the possibility of reserving its determination for the execution of the judgment, without prejudice to the provisions of Article 219 of this Law.

Article 210. Oral resolutions.

1. Unless the law allows the delivery to be deferred, the decisions to be made in the holding of a hearing, hearing or appearance before the court shall be orally delivered in the same act, with the expression of the judgment being documented and succinct motivation of those resolutions.

2. Orally, if all persons who are parties to the judgment are present in the act, by themselves or duly represented, and express their decision not to appeal, the court shall, in the same act, declare the the resolution.

Out of this case, the time limit for recourse will begin to count from the notification of the duly drafted resolution.

3. In no case will judgments be given orally in civil proceedings.

Article 211. Time limit for issuing judgments.

1. The providences, the cars and the sentences will be dictated within the deadline that the law establishes.

2. Failure to comply with the deadline shall result in disciplinary correction, in the absence of a fair cause, which shall be stated in the judgment.

Article 212. Publish and file the statements.

1. The judgments and other final decisions, once extended and signed by the Judge or all the Magistrates who have given them, shall be notified and filed in the Registry of the Court, giving them publicity in the manner permitted or ordered by the Constitution and laws.

2. Judicial Secretaries shall place in the autos a literal certification of the judgments and other final decisions.

Article 213. Statement book.

In each court, a book of judgments shall be held, in the custody of the Secretary of the Judiciary, in which all the final, equal-character cars and the special votes that have been formulated shall be signed, which will be ordered correlatively according to your date.

Article 214. The invariability of resolutions. Clarification and correction.

1. The courts will not be able to vary the resolutions they make after they are signed, but they will be able to clarify some dark concept and rectify any material error that they suffer.

2. The clarifications referred to in the preceding paragraph may be made on their own initiative within two working days of the publication of the decision, or at the request of a party or of the Prosecutor's Office within the same time limit, this case is settled by the court within three days of the submission of the written request for clarification.

3. The manifest material errors and the arithmetic in which the judicial decisions are made may be rectified at any time.

Article 215. Sub-healing and complement of defective or incomplete statements and cars.

1. Any omissions or defects in which judgments and orders may be issued and which need to be remedied in order to take full effect, may be remedied by order, by order, within the same time limits and by the same procedure laid down in Article 1 (1). in the previous article.

2. In the case of judgments or orders which have been manifestly omitted from statements relating to claims made in a timely manner and substantiated in the proceedings, the court shall, at the written request of the party within five days from the date of notification of the decision, after transfer of that application to the other parties, for written submissions for a further five days, shall give the order to which it shall decide to complete the decision with the statement omitted or not complete.

3. If the court notices in judgments or orders the omissions referred to in the preceding paragraph, it may, within a period of five days from the date on which it is issued, automatically proceed, by order, to complete its decision, but without modifying or rectifying what has been agreed.

4. No appeal shall be lodged against the orders in which the decisions referred to in the preceding paragraphs of this Article are completed or refused, without prejudice to the remedies which, where appropriate, against the judgment or order to which the refer to the court's application or the court's own motion. The time limits for these resources, if they are drawn, shall start to be computed from the day following the notification of the self-recognition or denial of delivery and shall agree or refuse to remedy it.

SECTION 2 OF THE INTERNAL REQUIREMENTS OF THE JUDGMENT AND ITS EFFECTS

Article 216. Principle of justice rogated.

Civil courts will decide matters by virtue of the parties ' contributions of facts, evidence and pretensions, except where the law provides otherwise in special cases.

Article 217. Load the test.

1. Where, at the time of the judgment or similar judgment, the court considers that the facts relevant to the decision are doubtful, it shall dismiss the claims of the actor or the reconvient, or the claims of the defendant or reagreed, as appropriate to some or others the burden of proving the facts that remain uncertain and substantiate the claims.

2. It is for the actor and the defendant to bear the burden of proving the certainty of the facts of which the legal effect corresponding to the claims of the claim and of the application of the application is, according to the legal rules applicable to them, the counterclaim.

3. It is for the defendant and the actor to reagree the burden of proving the facts which, in accordance with the rules applicable to them, prevent, extinguish or otherwise render the legal effectiveness of the facts referred to in the previous paragraph.

4. In the case of unfair competition and unlawful advertising, the defendant shall bear the burden of proof of the accuracy and veracity of the particulars and statements made and of the material data which the advertising expresses, respectively.

5. The rules set out in the preceding paragraphs shall apply provided that an express legal provision does not give special criteria the burden of proving the relevant facts.

6. For the application of the provisions of the foregoing paragraphs of this article, the court must bear in mind the availability and probative ease that corresponds to each of the parties to the dispute.

Article 218. Completeness and congruence of the sentences. Motivation.

1. The judgments must be clear, precise and consistent with the demands and with the other claims of the parties, deduced in due time in the process. They shall make statements which they require, condemn or absolve the defendant and decide all the contentious points which have been the subject of the debate.

The court, without deviating from the cause of asking for reasons of fact or law other than those which the parties have sought to assert, will settle in accordance with the rules applicable to the case, even if they have not been Cited or alleged by the litigants.

2. The judgments will be motivated by expressing the factual and legal reasoning that lead to the assessment and assessment of the evidence, as well as to the application and interpretation of the law. The motivation must have an impact on the different factual and legal elements of the process, considered individually and as a whole, always adjusting to the rules of logic and reason.

3. Where the points covered by the dispute have been several, the court shall, with due separation, make the statement corresponding to each of them.

Article 219. Statements with settlement reserve.

1. Where the payment of a given amount of money or of fruits, income, profits or products of any kind is claimed in the judgment, the claim cannot be limited to seeking a merely declaratory judgment of the right to receive them, but rather it must also be ordered to condemn its payment, by quantifying exactly the amount of the payment, without being able to request its determination in execution of the judgment, or by clearly setting out the basis on which the liquidation is to be carried out, which consists of a pure arithmetic operation.

2. In the cases referred to in the preceding paragraph, the judgment of conviction shall establish the exact amount of the respective quantities, or shall set out clearly and precisely the basis for its liquidation, which shall consist of a simple operation arithmetic to be performed at run time.

3. Outside the above cases, the applicant may not claim, nor shall the court be allowed in the judgment, that the judgment be made with the reserve of settlement at the time of execution. Notwithstanding the foregoing, the plaintiff will be allowed to request, and the court to sentence, the conviction of the payment of the amount of money, fruits, income, profits or products when that is exclusively the claim raised and left for a lawsuit the problems of actual settlement of the quantities.

Article 220. Future convictions.

When the payment of interest or periodic benefits is claimed, the judgment may include the conviction to satisfy the interest or benefits that are accrued after the time it is issued.

Article 221. Statements dictated in processes promoted by consumer or user associations.

Without prejudice to the provisions of the foregoing articles, judgments given as a result of lawsuits filed by consumer associations or users with the legitimization referred to in Article 11 of this Law will be subject to the following rules:

1. If a criminal conviction has been sought, to do, not to do or to give specific or generic thing, the judgment of the estimatory will determine individually the consumers and users that, according to the laws on their protection, have to be understood to benefit from the conviction.

Where the individual determination is not possible, the judgment shall establish the data, characteristics and requirements necessary to be able to require payment and, where appropriate, to urge the execution or to intervene in it, if the Plaintiff association.

2. If, as a budget of the conviction or as a principal or single pronouncement, a given activity or conduct is to be declared unlawful or not in accordance with the law, the judgment shall determine whether, under the law of protection of consumers and users, the declaration has to provide for procedural effects not limited to those who have been parties to the relevant process.

3. If certain consumers or certain users have been personified, the judgment must be expressly stated on their claims.

Article 222. Material judged material.

1. The res judicata of the final judgments, whether or not they are stowed, shall exclude, in accordance with the law, a subsequent process whose object is identical to that of the process in which it occurred.

2. The res judicata reaches the pretensions of the claim and the counterclaim, as well as to the points referred to in paragraphs 1 and 2 of article 408 of this Law.

New and different facts shall be considered, in relation to the basis of the above claims, those following the complete precluding of the acts of allegation in the process in which they are formulated.

3. The res judicata shall affect the parties to the process in which it is given and to its heirs and successors, as well as to the subjects, not litigants, holders of the rights which substantiate the legitimisation of the parties as provided for in Article 10. of this Law.

In the judgments on marital status, marriage, parentage, paternity, maternity and incapacitation and reintegration of the capacity the res judicata will have effects against all from their registration or annotation in the Register Civil.

Judgments handed down on the challenge of corporate agreements will affect all partners, even if they have not been litigated.

4. The final judgment in the final judgment which has brought an end to a process shall bind the court of a subsequent proceedings where it appears as a logical antecedent of whatever its object, provided that the litigants of both processes are the same or the res judicata is extended to them by legal provision.

SECTION 3 OF THE SORTING PROCEDURES

Article 223. Management measures.

1. It is up to the Judicial Secretaries to issue the order of order, through which the cars will be given the course that the law establishes.

2. The measures of ordination shall be limited to the expression of what is available under the name of the Secretary of the Judiciary who gives them, the date and the signature of the latter.

Article 224. Review of management measures.

1. It is void of full right of ordination to decide matters which, according to the law, must be resolved by means of providence, order or judgment.

2. Outside the cases referred to in the preceding paragraph, the measures of ordination may also be annulled, at the request of the party to which they cause injury, when they infringe any legal precept or resolve matters which, in accordance with the provisions of the provided in this Law, must be decided by providence.

3. The challenge referred to in the preceding paragraph shall be processed and resolved in accordance with the provisions of the replacement facility.

CHAPTER IX

From the nullity of court proceedings

Article 225. Nullity of full rights.

The procedural acts will be null and void in the following cases:

1. º When produced by or before a court with a lack of jurisdiction or objective or functional competence.

2. º When performed under violence or intimidation.

3. When essential rules of the procedure are dispensed with, provided that, for this reason, there has been a failure to defend.

4. When they are performed without a lawyer, in cases where the law establishes it as mandatory.

5. In other cases where this Law so establishes.

Article 226. How to proceed in case of intimidation or violence.

1. The courts whose action has taken place with intimidation or violence, as soon as they are free from it, will declare void everything practiced and promote the formation of cause against the guilty, putting the facts in the knowledge of the Fiscal Ministry.

2. Acts of the parties or persons involved in the proceedings shall also be declared void if they are credited to have occurred under intimidation or violence. The nullity of such acts shall involve that of all other acts relating to him or which may have been substantially influenced or influenced by the null act.

Article 227. Declaration of invalidity and claims for annulment of procedural actions.

1. Nullity of full rights, in any event, and defects in the form of procedural acts involving the absence of the essential requirements to achieve their end or to determine effective defensiveness, shall be enforced by means of the established in the law against the resolution in question.

2. Without prejudice to this, the court may, on its own initiative or at the request of a party, before any decision has been taken to terminate the proceedings, and provided that the remedy does not proceed, to declare, after hearing the parties, the nullity of all the actions or some in particular.

In no case may the court, on the occasion of an appeal, declare of its own motion a nullity of the proceedings which have not been applied for in that appeal, unless there is a lack of jurisdiction or objective jurisdiction or functional or there would have been violence or intimidation that will affect that court.

Article 228. Exceptional incident of nullity of performances.

1. Incidents of invalidity of proceedings shall not be admissible in general. However, by way of exception, those who are a legitimate party or should have been a legitimate party may request in writing that proceedings be declared void in such a way as to have caused defenceless, provided that, for the time being produced, it would not have been possible to denounce these defects before a resolution has been passed that ends the process and that it is not susceptible to ordinary or extraordinary recourse.

You will be competent to hear of this incident the same court that issued the judgment or judgment that has acquired firmness. The time limit for requesting a declaration of invalidity shall be 20 days, from the date of notification of the judgment, the decision or, in any case, since the defect causing the defenceless was known, without, in the latter case, a request for a declaration of invalidity actions after five years after the notification of the judgment or resolution.

The court will admit, by means of a succinctly reasoned providence, any incident in which other questions are to be raised. No recourse shall be made against the decision to which the incident is inadmissible.

2. If the document in which a declaration of invalidity is sought, as referred to in the preceding paragraph of this Article, is sought, the execution and effectiveness of the judgment or judgment shall not be suspended unless it is agreed in such a way as to expresses the suspension in order to prevent the incident from losing its purpose, and it will be transferred from that writing, together with a copy of the documents accompanying, if necessary, to prove the vice or defect in which the request is founded, other parties, which may, within the common period of five days, make written submissions to them, to which accompany the documents deemed to be relevant.

If the nullity is estimated, the actions will be replenished to the state immediately preceding the defect that originated it and will follow the legally established procedure. If the application for a declaration of invalidity is rejected, the applicant shall be sentenced, by means of order, to the applicant on all the costs of the incident and, in the event that the court understands that he was promoted with fear, he shall also impose a fine of fifteen thousand to 100 thousand. pesetas. No recourse shall be made against the decision to resolve the incident.

Article 229. Court actions taken outside of established time.

Judicial actions taken outside of established time may only be cancelled if the nature of the term or term is imputed.

Article 230. Conservation of the acts.

1. The nullity of an act shall not imply that of successive acts which are independent of that act or of those whose content cannot have been different in the case of failure to commit the offence which gave rise to a declaration of invalidity.

2. The nullity of part of an act shall not imply that of the other acts of the same act which are independent of that act.

Article 231. Healing.

The court will take care that the defects in which the parties ' procedural acts may be remedied may be remedied, provided that such acts have shown the will to comply with the requirements required by law.

CHAPTER X

From rebuilding cars

Article 232. Competence and intervention of the Prosecutor's Office.

1. It shall be competent to deal with the total or partial reconstitution of all types of court proceedings in the court where the disappearance or mutilation has occurred.

2. The procedures for the reconstruction of actions will always be part of the Fiscal Ministry.

Article 233. Start of the action reconstruction case.

The court, of its own motion, or the parties or their heirs, where appropriate, may urge the reconstruction of the cars.

If the procedure is to be started on a party instance, you must start by writing that it will contain the following ends:

1. º When the disappearance or mutilation occurred, as accurately as possible.

2. The procedural situation of the case.

3. The data you know and the means of research that can lead to reconstitution.

This document shall be accompanied, as soon as possible, by the authentic and private copies which are kept from the documents, and in other cases the protocols or records in which the matrices have been made or have been effected shall be indicated. any seat or registration. Copies of the written submissions and resolutions of all kinds shall also be attached to the judgment, as well as how many other documents may be useful for reconstruction.

Article 234. Summons in view of the parties. Effects of your inattendance.

1. Agreed by the court by providence on the initiation of the procedure for the reconstruction of the proceedings, the parties shall be summoned to a hearing to be held within the maximum period of 20 days. In this regard, the parties and their lawyers must be present, provided that the intervention of the parties is required in the process whose actions are intended to be rebuilt.

2. The lack of assistance from either party shall not prevent the continuation of the hearing with which they are present. When no comparison is made, the procedure with the Prosecutor's Office will be substantiated.

Article 235. Start of the view. No controversy. Test and decision.

1. The hearing shall be initiated by requiring the parties to express their conformity or in accordance with the accuracy of the documents and documents submitted by the instant of the proceedings, as well as with those who have been able to provide the documents. other parts in the same view.

2. The court, heard the parties and examined the written documents and documents submitted, after the Prosecutor's report, will determine the extremes in which there has been agreement between the litigants and those others in that, dispensing with accidental differences, there is Non-compliance.

3. Where there is no dispute as to the extent to which the reconstruction is concerned, the court shall order a self-declaration of the proceedings and the procedural situation of which it is to be established for the further course of the proceedings of the in question.

4. Where there is total or partial disagreement between the parties, the necessary proof shall be proposed, which shall be carried out in the same act, or if that is not possible within a period of 15 days. The court will decide by order of the way in which the proceedings are to be reconstituted, or the impossibility of reconstitution. An appeal may be brought against that order.

TITLE VI

From the cessation of the court proceedings and the expiration of the instance

Article 236. Impulse of the procedure by the parts and expiration.

The lack of momentum in the procedure by the parties or stakeholders will not cause the instance or resource to expire.

Article 237. Expiration of the instance.

1. Instances and resources shall be abandoned in all cases if, in spite of the momentum of their own initiative, no procedural activity occurs within two years, when the process is at first instance; and of one, whether he is at second instance or pending an extraordinary appeal for a procedural infringement or an appeal.

These deadlines will be counted from the last notification to the parties.

2. The order for replacement and appeal will be against the order declaring the expiration.

Article 238. Exclusion from expiration by force majeure or against the will of the parties.

There shall be no expiration of the instance or the appeal if the procedure has been brought to a standstill by force majeure or by any other cause contrary to or not attributable to the will of the parties or interested parties.

Article 239. Excluding instance expiration on execution.

The provisions of the articles that precede will not be applicable in the enforcement actions.

These actions may be continued until the courts have been satisfied, even if they have run out of course during the deadlines set out in this Title.

Article 240. Effects of instance expiration.

1. If the expiry is in the second instance or in the extraordinary resources referred to in Article 237, the appeal or such appeals shall be withdrawn and the judgment under appeal shall be signed and the proceedings shall be returned to the court. Of which they proceed.

2. If the expiry is in the first instance, the withdrawal shall be deemed to have occurred in that instance and new application may be brought, without prejudice to the expiry of the action.

3. The declaration of revocation shall not contain the imposition of costs, and each party must pay the costs of its application and the common costs in half.

TITLE VII

From the costs assessment

Article 241. Payment of costs and expenses of the process.

1. With the exception of the Free Legal Assistance Act, each party shall pay the costs and costs of the process caused to its instance as they are produced.

It will be considered expenses of the process those disbursements that have their direct and immediate origin in the existence of this process, and coasts the part of those that refer to the payment of the following concepts:

1. Fees of defense and technical representation when required.

2. The insertion of ads or edicts that must be published in the process.

3. Deposits required for resource presentation.

4. Derechos of experts and other fertilizers that have to be done to people who have intervened in the process.

5. º Copies, certifications, notes, testimonials and similar documents to be applied for under the Law, except for those that are claimed by the court for public records and protocols, which shall be free of charge.

6. º Tariff duties to be paid as a result of actions necessary for the development of the process.

2. The holders of claims arising from procedural actions may claim them from the party or parties which must satisfy them without waiting for the process to be completed and irrespective of the possible delivery of the costs.

Article 242. Request for the assessment of costs.

1. Where he or she is ordered to pay the costs, the levy shall be levied on the costs of the award procedure, on the basis of the award procedure, if the convicted party has not satisfied them before the contrary applies.

2. The party requesting the costs of the costs shall present the application with the supporting documents for the payment of the quantities for which the reimbursement is claimed.

3. Once you sign the judgment or order in which the conviction has been imposed, the prosecutors, lawyers, experts and other persons who have intervened in the trial and who have some credit against the parties to be included in the price assessment may submit to the Secretariat of the Court a detailed account of their rights or fees and a detailed and justified account of any costs incurred.

4. Duties corresponding to officials, procurators and professionals who are subject to them shall be regulated subject to the duties.

5. Lawyers, experts and other professionals and officials who are not subject to duty shall set their fees, subject, where appropriate, to the rules governing their professional status.

Article 243. Practice of the assessment of costs.

1. In all types of processes and instances, the costs assessment shall be carried out by the Registrar of the court who has known the process or appeal, respectively, subject to the provisions of this Title.

2. The assessment shall not include the rights relating to written and action which is useless, superfluous or not authorised by law, nor the items of the minutes which are not expressed in detail or which relate to fees which are not have become due in the process.

The Judicial Secretary shall reduce the amount of the fees of lawyers and other professionals who are not subject to a tariff or tariff, where the claims exceed the limit referred to in Article 394 (3) and not the fear of the litigant has been declared on the coast.

3. The costs of proceedings or incidents in which the party favoured by the judgment on costs in the main proceedings have been expressly condemned shall not be included.

Article 244. Transfer to the parties.

1. The costs shall be transferred to the parties for a common period of 10 days by the Secretary of the Judiciary.

2. Once the shipment referred to in the previous paragraph has been agreed, the inclusion or addition of any item shall not be permitted, reserving the person's right to claim it from whomever and as appropriate.

Article 245. Challenge of the costs assessment.

1. The costs of the costs may be contested within the period referred to in paragraph 1 of the preceding

.

2. The challenge may be based on the fact that they have been included in the assessment, items, rights or undue expenses. However, in respect of the fees of lawyers, experts or professionals not subject to duty, the assessment may also be contested on the grounds that the amount of such fees is excessive.

3. The party favoured by the court may challenge the assessment because it has not been included in that duly justified and claimed expenditure.

You may also base your claim on the failure to include the full amount of the fees of your attorney, or expert, professional or official not subject to a duty that would have acted in the process to your instance, or in no have been properly included in the rights of your solicitor.

4. In the case of the dispute, the accounts or minutes and the specific items to which the discrepancy and the reasons for the dispute are referred shall be mentioned. If no such mention is made, the challenge shall not be admissible.

Article 246. Handling and decision of the challenge.

1. If the assessment is to be contested on the grounds that the lawyers ' fees are excessive, the lawyer concerned shall be heard within five days and, if he does not accept the reduction of the fees to be claimed, the evidence shall be passed on to the part of them that is necessary, to the Bar to issue a report.

2. The provisions of the previous paragraph shall also apply to the challenge of fees for experts, in this case the opinion of the College, Association or Professional Corporation to which they belong.

3. The Secretary-Judicial, in the light of the action taken and the opinions issued, shall keep the assessment carried out or, where appropriate, introduce any amendments to be made, and shall refer the matter to the court for the purpose of resolving by order, proceed without further appeal.

If the challenge is totally dismissed, the costs of the incident will be imposed on the challenge. If it is fully or partially estimated, the lawyer or expert whose fees would have been deemed excessive shall be imposed.

4. Where the assessment is contested as a result of which items of undue rights or fees have been included in it, or because the parties to a hearing are not included in that duly substantiated and substantiated expenditure, the parties shall be called upon to continue the proceedings. of the incident according to the provisions of the verbal judgment.

5. Where it is alleged that any departure from the fees of lawyers or experts included in the costs assessment is undue and that, if not, it would be excessive, both challenges will be dealt with simultaneously, in accordance with the provisions of each of the of them in the preceding paragraphs, but the resolution on whether the fees are excessive shall be suspended until it is decided whether or not the contested item is due.

6. Where one of the parties is the holder of the right to free legal aid, no decision shall be taken on the matter of the costs of the administration to pay the sums concerned. who are being asked to apply the Law on Legal Aid.

TITLE VIII

From good procedural faith

Article 247. I respect the rules of good procedural faith. Fines for non-compliance.

1. The interveners in all kinds of processes must conform in their actions to the rules of good faith.

2. The courts will unreasonably reject petitions and incidents that are made with manifest abuse of law or involve law or procedural fraud.

3. If the courts consider that any of the parties has acted in accordance with the rules of good procedural faith, it may, in a reasoned manner and in compliance with the principle of proportionality, impose a fine which may vary from thirty thousand to one million. pesetas, without in any case being able to exceed a third of the amount of the dispute.

In order to determine the amount of the fine, the court must take into account the circumstances of the case, as well as the damages that the proceedings or the other party could have caused.

4. If the courts understand that the action contrary to the rules of good faith could be imputable to any of the professionals involved in the process, without prejudice to the provisions of the previous article, they will give transfer of such The case may be imposed on the respective professional associations in case any disciplinary sanction may be imposed.

BOOK II

Of declarative processes

TITLE I

From common provisions to declarative processes

CHAPTER I

Of the rules for determining the corresponding process

Article 248. Declarative process classes.

1. Any judicial dispute between parties that is not indicated by the Law other processing shall be ventilated and decided upon in the corresponding declarative process.

2. Belong to the class of declarative processes:

1. The ordinary judgment.

2. The verbal judgment.

3. The rules for determining the judgment class by reason of the amount shall only be applied as a rule by reason of the matter.

Article 249. Scope of the ordinary judgment.

1. They shall be decided in the ordinary judgment, whatever their value:

1. The demands regarding the person's honorary rights.

2. º. Those that seek the protection of the right to honor, to privacy and to the image itself, and those that ask for the civil judicial protection of any other fundamental right, except those that refer to the right of rectification. In these processes, the Fiscal Ministry will always be part and its processing will be of a preferential nature.

3. The demands on the challenge of social agreements adopted by Juntas or General Assemblies or special members of members or of bondholders or by collective organs of administration in commercial entities.

4. The demands in the field of unfair competition, industrial property, intellectual property and advertising, provided that they do not exclusively deal with quantity claims, in which case they will be dealt with by the procedure that corresponds to the amount claimed.

5. The demands of actions relating to general conditions of recruitment in the cases provided for in the legislation on this subject.

6. º Those dealing with any matters relating to urban or rustic leases of real estate, except in the case of eviction for non-payment or for the termination of the lease term.

7. º Those exercising a backdown action of any type.

8. When the actions that you give to the Boards of Owners and to these the Law of the Horizontal Property are exercised, provided that they are not exclusively about claims of quantity, in which case they will be processed by the the appropriate procedure.

2. In the ordinary judgment, the claims for which the amount exceeds five hundred thousand pesetas and those whose economic interest is impossible to calculate, or even in relative terms, shall also be decided.

Article 250. Scope of verbal judgment.

1. The following claims shall be decided in verbal judgment, whatever their value:

1. º which, based on the non-payment of the rent or amounts due by the lessee, or on the expiration of the contractually fixed term, they claim that the owner, usufruttuario or any other person with the right to own a rustic or urban estate, given in lease, ordinary or financial, or in sharecroceria, recover the possession of that estate.

2. º. Those who intend to recover the full possession of a rustic or urban estate, ceded in precarious, by the owner, usufrucario or any other person with the right to own the property.

3. º. Those who intend that the court place in possession of property to whom it has acquired them by inheritance if they are not possessed by anyone to the title of owner or usufrucario.

4. º. Those who seek the summary protection of the possession or possession of a thing or the right by whom they have been stripped of them or disturbed in their enjoyment.

5. The ones that intend the court to resolve, with summary character, the suspension of a new work.

6. º. Those who intend the court to resolve, with summary character, the demolition or demolition of work, building, tree, column or any other analogous object in a state of ruin and that threatens to cause harm to whoever demands.

7. The ones that, urged by the holders of real rights inscribed in the Land Registry, demand the effectiveness of those rights in front of those who oppose them or disturb their exercise, without having a registered title to legitimize the opposition or the disturbance.

8. º Those who apply for food due for legal provision or for another title.

9. The ones that assume the exercise of the action of rectification of inaccurate and harmful facts.

10. º. Those who intend the court to resolve, on a summary basis, on the non-compliance by the buyer of the obligations arising out of the contracts entered in the Register of Sale to Plazos of Goods Furniture and formalized in the official model established for this purpose, in order to obtain a judgment in order to direct the execution exclusively on the goods or goods acquired or financed in instalments.

11. º. Those who intend the court to resolve, on a summary basis, the failure to comply with a contract of financial lease or contract of sale in time with reservation of domain, provided that in both cases they are registered in the Register of Sale to Plashes of Furniture and formalized in the official model established for the purpose, by the exercise of an action exclusively aimed at obtaining the immediate delivery of the good to the financial lessor or to the seller or (a) a financial person at the place specified in the contract, after a declaration of his/her decision, in his/her case.

2. The claims for which the amount does not exceed 500 000 pesetas and do not relate to any of the matters referred to in paragraph 1 of the preceding Article shall also be decided in the oral proceedings.

Article 251. Rules for determining the amount.

The amount will be set according to the economic interest of the claim, which will be calculated according to the following rules:

1. If a given amount of money is claimed, the amount of the claim shall be represented by that amount, and if the determination is not yet in relative form, the claim shall be deemed to be indeterminate.

2. When the object of the process is the conviction of giving movable or immovable property, regardless of whether the claim is based on real or personal rights, it will be at the value of the property at the time of the application, in accordance with current prices on the market or in the procurement of goods of the same class.

For this calculation the actor of any official valuations of the litigious assets may be served, if it is not possible to determine the value by other means, without the property being able to attribute to the buildings a lower value than the one that consists on the cadastre.

3. The previous calculation rule will also apply:

1. The demands aimed at ensuring the enjoyment of the faculties that are derived from the domain.

2. No to claims affecting the validity, nullity or effectiveness of the title of domain, as well as to the existence or extension of the domain itself.

3. To those other requests, other than those established in the previous two cases, in which the satisfaction of the claim depends on the applicant being credited with the condition of owner.

4. To claims based on the right to acquire the property of a good or a set of goods, be it for the possession of a credit right that recognizes it, whether by any of the modes of acquisition of the property, or by the the right of retraction, of tanteo or of option of purchase; when the good is claimed as the object of a sale, it takes precedence as a criterion of valuation the price agreed in the contract, provided that it is not inferior in the case of the real estate cadastral value.

5. º When the process is seen over possession, and no other rule of this article is applicable.

6. To the actions of unlinde, amojonation and division of the common thing.

4. In cases where the claim is based on usufruct or the property, the use, the room, the taking advantage of shifts or other real limiting right of the domain not subject to special rule, the value of the demand is (a) it shall fix the tax base on which the tax is to be used for the formation or transfer of those duties.

5. The value of a claim relating to a serfdom shall be the price satisfied by its constitution if it consists and its date was not earlier in more than five years. In another case, it shall be estimated by the legal rules established to fix the price of its constitution at the time of the dispute, whatever the way of acquiring it, and, in the absence thereof, the twentieth of the value of the the dominant and servant pregod, taking into account the provisions of the second rule of this article on movable and immovable property.

6. In the claims relating to the existence, non-existence, validity or effectiveness of an actual right of guarantee, the value shall be that of the amount of the sums guaranteed by all the concepts.

7. In judgments on the right to require periodic benefits, whether temporary or for life, the value shall be calculated for the amount of an annuity multiplied by 10, unless the time limit for the benefit is less than one year, which will be the total amount of the year.

8. In the case of judgments concerning the existence, validity or effectiveness of an obligational title, its value shall be calculated by the total of due, even if it is payable in instalments. This assessment criterion shall apply in those processes whose object is the creation, modification or extinction of an obligational title or a personal right, provided that no other rule of this article is applicable.

9. In judgments on leases of goods, except those for the purpose of claiming expired income, the amount of the claim shall be the amount of an annuity of income, whatever the frequency with which it is is set out in the contract. However, when the possession of the well-leased property is claimed, the third rule of this article shall be the same.

10. In those cases where the claim is based on securities traded on the stock exchange, the amount shall be determined by the average of the weighted average change of the same, determined in accordance with the applicable law during the year natural prior to the date on which the claim was lodged, or by the average weighted average change in the securities during the period in which the securities were traded on the Exchange, where that period was lower than the year.

If these are securities traded on another secondary market, the amount will be determined by the average rate of trading of the same during the calendar year preceding the demand interposition, on the secondary market in the which are being negotiated, or by the average type of trading during the time when they were traded on the secondary market, where the securities have been traded on that market for a period of less than one year.

The average type of trading or, where applicable, the average weighted average change, shall be credited for certification issued by the governing body of the secondary market concerned.

If the securities are not trading, the amount shall be calculated in accordance with the accounting valuation rules in force at the time of the demand interposition.

11. When the claim is made for a benefit to be made, the amount of the claim shall be the cost of the claim or the amount of the damages resulting from the non-compliance, without in this case being These two amounts, except if in addition to being implemented, the compensation is also sought. The amount or calculation of damages shall be taken into account when the benefit is personal or consists of a failure to do so, and even if what is called for in the main character is compliance.

12. In disputes relating to an inheritance or a set of property masses or separate assets, the above rules shall apply in respect of the goods, rights or claims which are included in the inheritance or in the The assets covered by the dispute.

Article 252. Special rules in cases of processes with plurality of objects or parts.

When in the process there is a plurality of objects or parts, the amount of the demand will be calculated according to the following rules:

1. When a number of principal shares, which do not come from the same title, are accumulated in the claim, the amount of the claim shall be determined by the amount of the highest value. Identical criteria will be followed for the case that the shares are cumulated in an eventual manner.

2. If the accumulated shares come from the same title or with the main action, interest, fruits, income or damages are accessed by way of access, the amount will be determined by the sum of the value of all the shares accumulated. But if the amount of any one of the shares is not true and liquid, only the value of the shares whose amount if it is.

For the fixing of the value, the fruits, interest or income to be paid will not be taken into account, but only the vanquished. Nor shall the request for a court order be taken into account.

3. When in the same demand several real shares are accumulated in relation to the same movable or immovable property, the amount may never be higher than the value of the litigious thing.

4. Where a number of expired instalments of the same obligation are claimed, account shall be taken of the sum of the amounts claimed, unless the claim is requested in the express statement of the validity or effectiveness of the claim. obligation, where the total value of the obligation is to be If the amount of any of the time limits is not true, the amount shall be excluded from the calculation of the amount.

5. It shall not affect the amount of the claim, or the amount of the judgment to be followed by reason of the amount, the counterclaim or the accumulation of cars.

6. The concurrence of several plaintiffs or multiple defendants in the same lawsuit in nothing will affect the determination of the amount, when the request is the same for all of them. The same shall apply where the applicants or defendants are in accordance with solidarity links.

7. When the plurality of parties also determine the plurality of the actions affirmed, the amount shall be determined according to the rules of determination of the amount contained in this article.

8. In case of expansion of the demand, it will also be ordered in the above rules.

Article 253. Expression of the amount in the claim.

1. The actor shall express in his initial written form the amount of the claim. This amount shall be calculated, in any case, in accordance with the rules of the preceding Articles.

The alteration of the value of the goods subject to the dispute that arises after the application has been filed shall not imply the modification of the amount or the class of judgment.

2. The amount of the claim shall be clearly and accurately expressed. However, it may be indicated in relative terms if the actor duly justifies that the economic interest in the dispute is at least equal to the minimum amount corresponding to the ordinary judgment, or that he does not exceed the maximum amount of the oral judgment. In no case shall the actor be limited to indicating the kind of judgment to be followed, nor shall the defendant bear the burden of determining the amount.

3. Where the actor is unable to determine the amount or even in relative form, the object of economic interest shall be lacking, since it is not possible to calculate that interest in accordance with any of the legal rules for determining the amount, or because, The applicable calculation rule cannot be determined at the time of the filing of the claim, it shall be substantiated according to the ordinary judgment.

Article 254. Ex officio control of the judgment class by reason of the amount.

1. The trial will initially be given the processing that the actor has indicated in his lawsuit.

However, if, in the light of the arguments in the complaint, the court notices that the judgment chosen by the actor does not correspond to the value indicated or to the matter referred to in the application, the court, by means of providence, shall give the subject matter, without being bound by the type of judgment requested in the application.

2. If, contrary to the views of the actor, the court considers that the claim is of inestimable or indeterminable value, not yet in relative form, and that it is therefore not appropriate to follow the channels of the oral judgment, it must, by means of providence, give The proceedings of the ordinary trial, provided that the appointment of the attorney general and the lawyer's signature are made.

3. The arithmetic errors of the actor in determining the amount may be corrected ex officio. Also those consisting of the defective selection of the legal rule of calculation of the amount, if in the demand there were sufficient factual elements to be able to determine it correctly through simple mathematical operations.

Once the amount is properly calculated, the appropriate course will be given to the process.

4. In no case may the court admit the application because it misunderstands the procedure by reason of the amount. However, if the application is limited to the class of judgment which it corresponds to, or if, after it has been assessed on its own initiative, that the amount fixed is incorrect, there will be no sufficient evidence to calculate it correctly, no action will be taken on the until the actor fails to remedy the defect in question.

The term for the remedy will be ten days, after which the demand will be definitively filed.

Article 255. Challenge of the amount and class of judgment by reason of the amount.

1. The defendant may challenge the amount of the claim when he understands that the procedure to be followed would be another, or the appeal would be appropriate.

2. In the ordinary judgment, the adequacy of the procedure will be challenged for the reason of the amount in the defence to the claim and the question will be settled in the pretrial hearing.

3. In the verbal judgment, the defendant shall contest the amount or class of judgment by reason of the amount in the hearing, and the court shall settle the matter in the act, before entering into the substance of the matter and prior to the proceedings of the actor's hearing.

CHAPTER II

From the preliminary proceedings

Article 256. Classes of preliminary proceedings and their application.

1. Any judgment may be prepared:

1. On request that the person to whom the claim would be addressed shall declare, under oath or promise to speak truth, about any event relating to its capacity, representation or legitimisation, the knowledge of which is necessary for the plein, or display the documents in which such capacity, representation or legitimation is recorded.

2. The application that the person seeking to sue exhibits the thing in his or her power and that the judgment should be referred to.

3. º By request of the heir, confreir or legatary, of exhibition, by whoever has it in his power, of the act of last will of the causative of the inheritance or legacy.

4. º At the request of a member or community to be shown the documents and accounts of the company or community, addressed to them or to the partner or owner who has them in their possession.

5. On request of the person deemed to be harmed by a fact that may be covered by liability insurance, that the insurance contract is displayed for whoever has it in its possession.

6. On request of the person who intends to initiate a process for the defense of the collective interests of consumers and users in order to concretize the members of the group of affected when, not being determined, they are easily determinable. To this effect the court shall take the appropriate measures for the investigation of the members of the group, according to the circumstances of the case and according to the data supplied by the applicant, including the requirement to the defendant to collaborate on that determination.

7. On request of the proceedings and inquiries which, for the protection of certain rights, provide for the corresponding special laws.

2. The application for preliminary proceedings shall express its grounds, with reference to the case subject to the judgment to be prepared.

3. The costs incurred by the persons who have taken part in the proceedings shall be borne by the applicant for the preliminary proceedings. By asking for these, the applicant shall provide caution to respond to such costs as well as to the damages which may be caused to them. The course shall be lost in favour of such persons if, on the expiry of one month after the completion of the proceedings, the court shall cease to intervene, without sufficient justification, in the court's judgment.

Caution may be provided in the manner provided for in the second subparagraph of Article 64 (2) of this Law.

Article 257. Competence.

1. It shall be competent to decide on the requests and requests referred to in the preceding Article by the Judge of First Instance of the address of the person who, where appropriate, has to declare, display or otherwise intervene in proceedings which be agreed to prepare the trial.

In the case of the sixth subparagraph of paragraph 1 of the previous Article, the court shall have jurisdiction in respect of the application of the particular application.

2. No declinatory is permitted in the preliminary proceedings, but the Judge to whom the request is made shall review his jurisdiction and if he understood that it is not for him to know about the application, he shall refrain from knowing the applicant the Court of Justice of the First Instance to which you should go. If this is inhibited in its jurisdiction, the negative conflict shall be decided by the common higher immediate court, as provided for in Article 60 of this Law.

Article 258. Decision on preliminary proceedings and appeal.

1. If the court finds that the due diligence is appropriate to the purpose which the applicant pursues and that the application is fair cause and legitimate interest, it shall accede to the claim, fixing the course to be provided. The court will reject the request for action, if I do not consider these to be justified. The application shall be settled within five days of its submission.

2. No appeal shall be made against the order to order the proceedings. Against which he denies them, he will appeal an appeal.

3. If the course ordered by the court is not to be provided in three days, counted from the time the order is issued for the proceedings, the final file of the proceedings shall be made.

Article 259. Citation for the practice of preliminary proceedings.

1. In the order in which the application is made, it shall be cited and shall require the persons concerned to, at the seat of the court or in the place and in such a way as to be deemed appropriate, and within the following 10 days, to carry out the due diligence, requested and agreed upon.

2. For the examination of the documents and titles referred to in Article 256 (1), the applicant may refer to the seat of the court advised by an expert in the field, who shall always act at the expense of the applicant.

Article 260. Opposition to the practice of preliminary proceedings. Effects of the decision.

1. Within five days of receipt of the summons, the person required for the practice of preliminary proceedings may object to them and, in such a case, the parties shall be summoned for a hearing, to be held in the form established. for verbal judgments.

2. The court will decide, by order, whether the opposition is justified or whether, on the contrary, it is not justified.

3. If the court considers the opposition to be unjustified, it shall condemn the required payment of the costs caused by the incident. This decision shall be agreed by means of an order against which no appeal shall be lodged.

4. If the court considers the opposition to be justified, it shall so declare by order, which may be appealed on appeal.

Article 261. Refusal to carry out the proceedings.

If the person cited and required does not comply with the requirement or object, the court, by providence, shall agree upon the following measures:

1. If a declaration is made on facts relating to the capacity, representation or legitimisation of the aforementioned, the questions which the applicant intends to ask and the facts may be answered in the affirmative. they shall be deemed to be admitted for the purposes of the subsequent judgment.

2. If the exhibition of titles and documents has been requested and the court will appreciate that there are sufficient indications that they can be found in a particular place, they shall order the entry and registration of that place, proceeding, if they are found, to occupy the documents and to make them available to the applicant, at the seat of the court.

3. If it were the display of a thing and the place in which it is located was known or presumed, it will proceed in a way similar to the one laid down in the previous number and the thing will be presented to the applicant, who will be able to to ask for the deposit or guarantee measure most appropriate to the preservation of that deposit.

4. If the display of accounting documents has been requested, the accounts and data presented by the applicant may, for the purposes of the subsequent judgment, be taken into account.

5. The Court of Diligence provided for in Article 256 (1), paragraph 1, in the light of the refusal of the required or any other person who could collaborate in the determination of the members of the group, the court order the necessary intervention measures, including entry and registration, to be agreed to find the documents or information required, without prejudice to the criminal liability in which the authority is liable for disobedience to the authority judicial.

Article 262. Decision on application of the caution.

1. Where the proceedings have been carried out or the court refuses to consider the opposition to be justified, the opposition shall, within five days, decide by order to apply the course of action in the light of the request for compensation. and of the justification of the expenditure presented to it, heard by the applicant.

The decision on application of the caution will be appealable without suspensive effects.

2. Where the course of action under the preceding paragraph is applied, the applicant shall not be returned until the period of one month provided for in Article 256 (3) has elapsed.

Article 263. Preliminary proceedings provided for in special laws.

In the case of the proceedings referred to in Article 256 (7), first paragraph, the provisions of this Chapter shall apply in so far as they do not object to the provisions of the special legislation on the subject of in question.

CHAPTER III

From the presentation of documents, opinions, reports, and other means and instruments

Article 264. Procedural documents.

With the request, the answer or, if appropriate, when appearing in the hearing of the verbal judgment, you will have to appear:

1. º The power of attorney conferred on the prosecutor whenever this intervenes and the representation is not granted "apud acta".

2. º Documents that accredit the representation that the litigant is attributed to.

3. º The documents or opinions that accredit the value of the litigious thing, for the purposes of competence and procedure.

Article 265. Documents and other documents and articles relating to the substance of the case.

1. Any claim or defence shall be accompanied by:

1. The documents in which the parties merge their right to the judicial protection they claim.

2. The means and instruments referred to in Article 299 (2), if the forms of order sought by the parties are founded on them.

3. º certifications and notes on any registered seats or on the contents of books, performances or files of any kind.

4. The expert opinions in which the parties support their claims, without prejudice to the provisions of Articles 337 and 339 of this Law. In the event that any of the parties is entitled to the right of free legal assistance, it will not have to provide the opinion with the request or the reply, but merely announce it in accordance with the provisions of Article 1 (1) of the Treaty. 339.

5. The reports, produced by legally qualified private research professionals, on relevant facts in which they support their claims. On these facts, if they are not recognized as true, testify will be performed.

2. Only where the parties, when submitting their application or defence, are unable to dispose of the documents, means and instruments referred to in the first three numbers of the preceding paragraph, may designate the file, protocol or place where they are find, or the record, record, performances, or record of which a certificate is intended to be obtained.

If what you intend to contribute to the process will be found in file, protocol, file or record of which you can order and obtain copies, it will be understood that the actor has it and must accompany it to the demand, without which may be limited to the designation referred to in the preceding paragraph.

3. By way of derogation from the foregoing paragraphs, the actor may present at the pretrial hearing the documents, means, instruments, opinions and reports relating to the substance of the case, the interest or relevance of which is only to be manifest as a result of allegations made by the defendant in the defence of the claim.

4. In oral proceedings, the defendant shall provide the documents, means, instruments, opinions and reports referred to in paragraph 1 in the act of the hearing.

Article 266. Documents required in special cases.

They will be accompanied by the demand:

1. The certifications and testimonials that prove to have ended the process and to have been in the claim or recourse when there is a demand for civil liability against Judges and Magistrates for damages caused in the exercise of their functions, with dolo, guilt or inexcusable ignorance.

2. The documents that justify the title in whose virtue food is requested, when this is the object of the claim.

3. The documents that constitute a principle of proof of the title in which the demands for the retraction are merged and, where the entry of the price is required by law or by contract, the document that accredit having entered, if any known, the price of the item being retracted or the provision of caution to ensure the entry as soon as the price is known.

4. The document in which the succession "mortis causa" is recorded in favor of the plaintiff, as well as the relation of the witnesses who may declare on the absence of the holder to the title of owner or user, when seeks to bring the plaintiff in possession of a property which he claims to have acquired by virtue of that succession.

5. Other documents that this or other Law expressly requires for the admission of the claim.

Article 267. Form of presentation of public documents.

Where documents to be provided in accordance with Article 265 are published, they may be submitted by a simple copy and, if their authenticity is contested, may be taken to the original, copy or certified file. of the document with the necessary requirements for its evidentiary effects.

Article 268. Form of presentation of private documents.

1. The private documents to be provided shall be submitted in original form or by a copy authenticated by the competent public authority and shall be attached to or bear witness to the autos, with the return of the original or certified copies. submitted, if requested by the interested parties.

2. If the party has only a simple copy of the private document, it may present the document, which shall have the same effect as the original, provided that the conformity of the original document is not challenged by any of the other parties.

3. In the event that the original of the private document is in a file, protocol, file or public record, authentic copy shall be filed or the file, protocol or registration shall be designated, as provided for in paragraph 2 of the article 265.

Article 269. Consequences of the lack of initial submission. Special cases.

1. Where the defence or, where appropriate, the pretrial hearing, the defence or, where appropriate, the hearing, no documents, means, instruments, opinions and reports which, in accordance with the provisions of this Law, are to be provided at the time or are not designate the place where the document is, if it is not disputed, the party may no longer present the document or request that the document be brought to the file, except in the cases provided for in the following Article.

2. Applications shall not be admissible for which the documents referred to in Article 266 are not accompanied.

Article 270. Presentation of documents at non-initial time of the process.

1. The court after the application and the defence, or, where appropriate, of the pretrial hearing, shall only admit to the actor or defendant the documents, means and instruments relating to the substance of the case where they are in one of the cases following:

1. No later than the date after the application or the defence or, where applicable, the pretrial hearing, provided that they could not be made or obtained prior to such procedural time.

2. The treatment of documents, means or instruments prior to the application or defence or, where appropriate, to the pretrial hearing, where the party who presents them may not have had prior knowledge of his or her existence.

3. No, it has not been possible to obtain the documents, means or instruments in advance, for reasons that are not attributable to the party, provided that the designation referred to in paragraph 2 of the article has been made in due time 265, or where appropriate, the notice referred to in the first paragraph of Article 265 (4) of this Law.

2. Where a document, medium or instrument relating to facts relating to the substance of the case is submitted after the acts referred to in the preceding paragraph have been precluded, the other parties may plead in the judgment or in the view that it is not appropriate to take the document. (a) to be taken into account, because it is not in any of the cases referred to in the previous paragraph. The court will rule in the act and, if I will appreciate dilatory or bad faith in the presentation of the document, it may also impose a fine of thirty thousand to two hundred thousand pesetas.

Article 271. Definitive precluding of the presentation and exceptions to the rule.

1. The parties shall not be allowed any document, instrument, media, report or opinion to be submitted after the hearing or judgment, without prejudice to the provisions of Rule 435, third rule, on final proceedings in the ordinary judgment.

2. Except as provided for in the preceding paragraph, judgments or decisions of a judicial or administrative authority, rendered or notified on a date not earlier than the time of making the findings, provided that they may be conditions or decisive to resolve in the first instance or in any resource. Such decisions may be made even within the time limit laid down in order to give judgment, by transferring to the other parties, so that, within the common period of five days, they may plead and request what they consider to be appropriate, with the time limit being suspended. to deliver judgment. The court will rule on the admission and scope of the document in the same judgment.

Article 272. Inadmissibility of document submitted unjustifiably at the time of the process.

When a document is filed after the procedural moments laid down in this Law, according to the different cases and circumstances, the court, by means of providence, will admit it, either on its own initiative or at the request of a party, sending him back to the person who presented it.

Against the resolution which agrees to the admission, no recourse shall be made, without prejudice to the second instance.

CHAPTER IV

From copies of the documents and documents and their shipment

Article 273. Submission of copies of documents and documents.

Of all writing and of any document that is provided or presented in the trials will be accompanied by as many literal copies as the other parts.

Article 274. Transfer by the court of copies to other interested parties, where no prosecutors are involved.

When the parties are not represented by procurator, they shall sign the copies of the documents and documents they submit, in response to their accuracy, and such copies shall be delivered by the court to the opposing party or parties.

Article 275. Effects of non-presentation of copies.

In the cases referred to in the previous article, the omission of the submission of copies of the documents and documents will not be a reason to stop admitting one another.

This omission will be noted to the party, which will be remedied within five days. Where the omission is not remedied within that period, the Registrar shall issue copies of the written documents and documents at the expense of the party which has ceased to submit them, except in the case of the pleadings or the defence, or the documents to be accompanied by them, in which case they shall be those for which they are not presented or for which they have not been supplied, for all purposes.

Article 276. Transfer of copies of documents and documents when acting as prosecutor. Transfer by the court of application and the like.

1. Where all the parties are represented by a procurator, each of the procurator's shall carry forward copies of the written documents and documents to the court of attorney prior to the procurators of the other parties.

2. The procurator shall carry out the shipment by handing over to the service of receipt of notifications referred to in Article 28 (3), copies or copies of the documents and documents, which shall be sent to the procurators of the other parties and litisconortes. A judicial or appointed official shall receive the copies submitted, which, once dated and sealed, shall give the person in charge of the service, and shall also sign the first proof that the shipment has been carried out. Such supporting evidence shall be provided in conjunction with the documents and documents submitted to the court.

3. The provisions of the foregoing paragraphs of this Article shall not apply in the case of the transfer of the claim or any other document which may give rise to the first appearance in judgment. In such cases, the procurator shall accompany copies of such writings and of the documents accompanying them and the court shall carry out the transfer in accordance with the provisions of Articles 273 and 274 of this Law. If the procurator omitiers the filing of these copies, it shall be in the case of the written submissions or the documents for which they are not provided, for all intents and purposes.

Article 277. Effects of the default of the move by procurator.

Where the first two paragraphs of the previous Article are applicable, the submission of written documents and documents shall not be admissible if the transfer of the copies corresponding to the other parties has not been carried out. personas.

Article 278. Effects of the transfer with respect to the course and time-limits.

Where the act of transfer in the form laid down in Article 276 determines, in accordance with the law, the opening of a period for the conduct of proceedings, the time limit shall commence without intervention by the (a) court and shall be taken into account from the day following the date on which the copies were given.

Article 279. Function of the copies.

1. The parties ' claims shall be deducted in the light of copies of the documents, documents and decisions of the court, which each litigant shall retain in his possession.

2. The original cars shall not be delivered to the parties, without prejudice to the possibility that they may obtain copies of any document or document at their expense.

Article 280. Reporting of inaccuracy of a copy and effects.

If it is reported that the copy given to a litigant does not correspond to the original, the court, heard the other parties, shall declare the nullity of the action as from the delivery of the copy if its inaccuracy could have been affect the defence of the party, without prejudice to the liability of the party who will submit the inaccurate copy.

The court, when declaring the nullity, will arrange for the delivery of copy according to the original, for the purposes that proceed in each case.

CHAPTER V

From the test: General provisions

SECTION 1 OF THE OBJECT, NEED, AND INITIATIVE OF THE TEST

Article 281. Object and need for the test.

1. The test will have as its object the facts that are related to the judicial protection sought in the process.

2. Custom and foreign law will also be tested. Proof of custom shall not be necessary if the parties are in conformity with their existence and content and their rules do not affect public order. The foreign right must be proven in terms of its content and validity, and the court of the means of investigation may be considered necessary for its application.

3. The facts on which the parties are fully compliant are exempt from evidence, except in cases where the subject matter of the process is outside the power of disposal of the litigants.

4. It will not be necessary to prove the facts that are of absolute and general notoriety.

Article 282. Initiative of the evidentiary activity.

The tests will be performed at part instance. However, the court may, on its own initiative, agree that certain evidence is to be carried out or that documents, opinions or other evidence of evidence are provided, where the law so provides.

Article 283. Impertinence or futility of the evidentiary activity.

1. No evidence shall be admissible which, as it does not relate to what is the subject of the process, is to be considered impertinent.

2. Nor should such evidence be allowed, for useless reasons, which, according to reasonable and safe rules and criteria, may in no way contribute to the clarification of the facts at issue.

3. Any activity prohibited by law shall never be permitted as evidence.

SECTION 2 OF THE PROPOSITION AND ADMISSION

Article 284. Form of test proposition.

The proposition of the different test media will be expressed with separation. The address or residence of the persons to be referred to, where appropriate, for the practice of each test medium shall also be entered.

When, in the ordinary judgment, the parties do not dispute some data relating to such persons upon proposing the test, they may bring them to the court within five days.

Article 285. Resolution on the admissibility of the proposed tests.

1. The court will rule on the admission of each of the evidence that has been proposed.

2. Against that resolution, only a replacement for a replacement resource, which will be substantiated and resolved in the event, and if it is dismissed, the party may make representations to the effect of asserting its rights in the second instance.

Article 286. New or new facts. Test.

1. If the acts of argument provided for in this Law were preclued and before the time limit for the sentencing of the court has elapsed, or if any event of relevance to the decision of the court is known, the parties may assert that fact, (a) by submitting it immediately by means of writing, which shall be called an extension of facts, unless the claim could be made at the hearing or hearing. In such a case, it shall be carried out in such acts as provided for in the following paragraphs.

2. The letter of extension of facts shall be given to the opposing party, so that, within the fifth day, it shall state whether it recognises the fact that it is alleged or denies it. In this case, it may be argued that it clarifies or distorts the fact that it is stated in the extension letter.

3. If the new or new news is not recognized as true, the relevant and useful test shall be proposed and practiced in the manner provided for in this Law according to the class of procedure where possible by the state of the proceedings. In another case, in the ordinary judgment, the final steps will be taken.

4. The court will, by means of providence, reject the claim in fact that it has taken place after the acts of argument if that fact is not satisfied in time to make the argument. And when it is alleged that the acts of the Court of Justice have been precluded after having been known subsequently, the court may, by means of providence, agree to take it into consideration if, in the light of the circumstances and The arguments of the other parties did not justify the fact that the fact could not be relied on in the ordinary procedural time.

In the latter case, if the court will appreciate dilatory or bad faith in the argument, it may impose a fine of twenty thousand to one hundred thousand pesetas.

Article 287. The illiteness of the test.

1. Where either party understands that the acquisition or origin of any evidence admitted has infringed fundamental rights, it shall be alleged immediately, with the transfer, where appropriate, to the other parties.

On this question, which may also be raised by the court of its own motion, it will be resolved in the act of the trial or, if it were verbal judgments, at the beginning of the hearing, before the practice of the test begins. To this end, the parties shall be heard and, where appropriate, the relevant and useful evidence to be proposed in the act on the extreme concrete of this ilicitude shall be carried out.

2. Against the decision referred to in the preceding paragraph, only the replacement of a replacement, which shall be brought, shall settle and settle in the same act of judgment or hearing, with the exception of the right of the parties to reproduce the challenge of the unlawful evidence in the appeal against the final judgment.

Article 288. Penalties for non-execution of the test in the time provided.

1. The litigant whose cause is not to be executed temporarily shall be punished by the court with a fine which shall not be less than ten thousand pesetas or exceed one hundred thousand, unless it proves fault or desist from practice. such test if he had proposed it.

2. The fine provided for in the preceding paragraph shall be imposed on the act of judgment or at the hearing, after hearing the parties.

SECTION 3 OF OTHER GENERAL PROVISIONS ON TEST PRACTICE

Article 289. How to practice tests.

1. The evidence shall be conducted in a public view, or with similar publicity and documentation if it is not carried out at the seat of the court.

2. The judicial presence shall be inexcusable in the questioning of the parties and witnesses, in the recognition of places, objects or persons, in the reproduction of words, sounds, images and, where appropriate, figures and data, as well as in the explanations challenges, rectifications or extensions of expert opinions.

3. The presentation of original documents or authentic copies, the contribution of other means or evidentiary instruments, the recognition of the authenticity of a private document, the formation of bodies shall be carried out before the Judicial Secretary. of writing for the collation of letters and the mere ratification of the authorship of expert opinion. However, the court must examine the documentary evidence, the written reports and opinions itself and any other means or instruments to be provided.

Article 290. Signal for test acts to be performed separately.

All tests will be performed in unit of act. By way of exception, the court shall, by means of providence, provide at least five days ' notice of the day and time of the conduct of the acts of evidence which cannot be carried out in the judgment or hearing. If, exceptionally, the test is not performed at the seat of the court, the place in question shall be determined and notified.

These tests will be practiced in any case before the trial or hearing.

Article 291. Citation and possible intervention by parties in the practice of off-trial testing.

Even if they are not subject to or object of the test, the parties shall be referred to in good time, which shall be at least forty-eight hours, for the practice of all evidence to be conducted outside the judgment or hearing.

The parties and their attorneys will have in the test actions the intervention that authorizes the Law according to the means of test in question.

Article 292. Mandatory to appear for the hearing. Fines.

1. The witnesses and the experts quoted will have the duty to appear in the judgment or hearing that would have been finally pointed out. The infringement of this duty will be punished, after a hearing for five days, with a fine of thirty thousand to one hundred thousand pesetas.

2. At the time of imposing the fine referred to in the previous paragraph, the court shall, by means of providence, require the fine to appear when he is summoned again, under the warning of proceeding against him for disobedience to the authority.

3. Where, without prior mediation, a witness or expert does not appear to appear in the judgment or hearing, the court, hearing the parties which have appeared, shall decide, by means of provision, whether the hearing is to be suspended or must continue.

4. Where, without prejudice to any other excuse, a litigant who has been summoned for questioning shall not be compared, the provisions of Article 304 shall be applied and the fine provided for in paragraph 1 of this Article shall be imposed.

SECTION 4. ANTICIPATION AND TEST ASSURANCE

Article 293. Cases and causes of anticipation of the test. Competence.

1. Prior to the initiation of any proceedings, the one who intends to initiate proceedings, or any of the parties during the course of the proceedings, may request the court to carry out an early practice of any act of proof, where there is a well-founded fear that, cause of the persons or by the state of affairs, such acts cannot be performed at the generally intended procedural time.

2. The request for advance evidence, which shall be made prior to the initiation of the proceedings, shall be addressed to the court which is deemed to be competent for the main proceedings. This court will be able to monitor its jurisdiction and objective jurisdiction, as well as the territorial jurisdiction to be established in mandatory rules, without the decline of the law.

Started the process, the advance test request will be directed to the court that is aware of the matter.

Article 294. Forward test proposition, admission, time and resources.

1. The proposal for advance testing will be carried out in accordance with the provisions of this Law for each of them, stating the reasons why the request is supported.

2. If the court considers the petition to be founded, it shall, by means of providence, agree that the proceedings shall be carried out where it is deemed necessary, in advance of the conclusion of the judgment or hearing.

Article 295. Contradictory practice of the advance test.

1. Where the advance test is requested and agreed to be carried out prior to the start of the process, the person or persons to whom it intends to sue shall be designated by the person or persons to whom it intends to sue in their day and shall be referred to, at least five days in advance, for they may have in the practice of probative action the intervention which this Law authorizes according to the means of proof in question.

2. If the process is already pending at the time of early testing, the parties will be able to intervene in it in accordance with the provisions of this Law for each test medium.

3. In cases where evidence is carried out under paragraph 1 of this Article, no probative value shall be given to the action if the application is not filed within two months of the time of the advance test, unless it is established that the that, by force majeure or other cause of the same entity, the process could not be started within that period.

4. The pre-test may be carried out again if, at the time of the test, it is possible to carry out the test and some of the parties will request it. In such a case, the court shall admit that the evidence in question is practised and shall assess in accordance with the rules of sound criticism both the advance and the subsequent procedure.

Article 296. Custody of materials from the early test performances.

1. The documents and other pieces of conviction that consist of the advance tests or which are obtained as a result of their practice, as well as the materials that can accurately reflect the evidentiary performances performed and their results, remain in the custody of the Registrar of the tribunal who has agreed to the test until the application is filed, to which they will be joined, or until the time of the proceedings to know and value them.

2. If a court other than that which agreed or practised the advance test had to be heard in the final proceedings, it shall, at the request of the party, request the referral, through official channels, of the minutes, documents and other materials of the actions.

Article 297. Test assurance measures.

1. Before the initiation of any proceedings, the one who intends to initiate it or any of the litigants during the course of the process, may ask the court to adopt, by means of providence, measures of insurance useful to avoid that, by conduct Human beings or natural events, which can destroy or alter material objects or states of things, it is impossible at the time to practice a relevant test or even be meaningless to propose it.

2. The measures shall consist of the provisions which, in the court's judgment, permit the preservation of things or situations or to make their reality and characteristics clearly recorded. For the purposes of securing the test they may also be directed to do or not to do, under the warning of proceeding, if they violate them, for disobedience to the authority.

3. In terms of jurisdiction and competence for the assurance of the test, you will be ready for advance testing.

Article 298. Requirements of the insurance measures. Plywood.

1. The court shall agree, by means of providence, to take appropriate action in each case if the following requirements are met:

1. º That the test that is intended to be assured is possible, relevant and useful at the time of proposing its assurance.

2. º There are reasons or reasons to fear that, if the assurance measures are not taken, the practice of this test may be impossible in the future.

3. The measure of insurance proposed, or any other measure which, for the same purpose, considers the court to be preferable, may be deemed to be conducive and to be carried out within a short period of time and without causing serious harm and disproportionate to the persons involved or to third parties.

2. In order to decide on the adoption of the measures for the assurance of a test, the court must take into consideration and may accept the possible offer which the applicant of the measure makes to provide guarantee of the damages that the measure can irrogate.

3. The court may also agree, by means of providence, rather than the measure of insurance, to accept the offer made by the person who would have to bear the measure, in the form provided for in the second subparagraph of paragraph 2 of the Article 64, sufficient caution to respond to the practice of the test whose insurance is intended.

CHAPTER VI

From the test media and the presumptions

Article 299. Test media.

1. The means of proof that can be used in judgment are:

1. Interrogation of the parties.

2. Public Documents.

3. Private Documents.

4. Expert opinion.

5. Judicial Recognition.

6. Th Witness Interrogation.

2. The means of reproduction of the word, the sound and the image, as well as the instruments which allow the archiving and the knowledge or reproduction of words, data, figures and mathematical operations carried out, shall also be permitted in accordance with the provisions of this Law. for accounting or other purposes relevant to the process.

3. Where, by any other means not expressly provided for in the preceding paragraphs of this Article, the court may, at the request of a party, obtain certainty as to the facts of the case, it shall be admissible as evidence, taking the measures in each case. are required.

Article 300. Practice order of the test media.

1. Unless the court, on its own initiative or at the request of a party, agrees otherwise, the evidence shall be conducted in the judgment or in the following order:

1. Interrogation of the parties.

2. º Interrogation of witnesses.

3. The declarations of experts on their opinions or their presentation, when exceptionally they must be admitted at that time.

4. Judicial Recognition, when it is not carried out outside the seat of the court.

5. º Reproduction before the court of words, images and sounds captured by means of filming, recording and other like.

2. Where any of the evidence admitted cannot be performed at the hearing, it shall continue for the practice of the remaining evidence, in the order appropriate.

SECTION 1 OF THE QUESTIONING OF THE PARTIES

Article 301. Concept and subjects of the questioning of the parties.

1. Each party may request the court to cross-examine the facts and circumstances of those who are aware of the facts and to relate to the subject matter of the trial. A colitigant may request the questioning of another collitigant as long as it exists in the process of opposition or conflict of interest between the two.

2. Where the legitimated party, acting in the judgment, is not the subject of the contested legal relationship or the holder of the right under whose virtue it is triggered, the questioning of that subject or holder may be sought.

Article 302. Content of the questioning and admission of the questions.

1. Questions of interrogation will be formulated orally in the affirmative, and with due clarity and precision. No ratings or ratings shall be included, and if they are incorporated, they shall be unrealised.

2. The court will verify that the questions correspond to the facts on which the interrogation would have been admitted, and will decide on the admissibility of the questions in the same act in which the interrogation takes place.

Article 303. Challenge the questions that are asked.

The party to respond to the questioning, as well as its lawyer, may, if necessary, challenge the admissibility of the questions in the act and to note the assessments and qualifications that, contained in the questions, are, in their criteria, imparted and must be taken for unrealised.

Article 304. Failure to appear and tacit admission of facts.

If the party cited for the questioning does not appear in the judgment, the court may consider to be recognized the facts in which that party had personally intervened and whose fixation as certain is entirely prejudicial to it, in addition to imposing the fine referred to in Article 292 (4) of this Law.

The summons shall be issued to the person concerned who, in the event of an unjustified appearance, shall have the effect indicated in the preceding paragraph.

Article 305. How to respond to the interrogation.

1. The questioned party will answer for itself, without any draft answers; but it will be allowed to consult in the act documents and notes or notes, when in the judgment of the court they are suitable for auxiliary to the memory.

2. The answers will have to be affirmative or negative and, if not possible according to the wording of the questions, they will be precise and concrete. The declarant may, in any case, add any explanations which he considers appropriate and which relate to the questions raised.

Article 306. Powers of the court and intervention of lawyers. Cross-examination.

1. Once the questions asked by the lawyer of the person who applied for the test have been answered, the lawyers of the other parties and the lawyers of the other party who will declare may, in this order, make the declarant new questions which they condemn determine the facts. The court must repel any questions that are either impertinent or useless.

In order to obtain clarifications and additions, the court may also question the party called to testify.

2. Where the intervention of a lawyer is not mandatory, the parties, with the consent of the court, which shall ensure that the word is not crossed or interrupted, may reciprocate the questions and observations which are appropriate for the determination of the relevant facts in the process. The court must repel any interventions that are impertinent or useless, and may question the party called to testify.

3. The declarant and his lawyer may challenge the questions referred to in the preceding paragraphs of this provision in the act. They may also make the comments provided for in Article 303. The court will rule as appropriate before granting the word to respond.

Article 307. Refusal to declare, evasive or inconclusive responses and admission of personal facts.

1. If the party called to declare refuses to do so, the court shall give the warning in the act that, unless there is a legal obligation to keep secret, it may consider the facts to which the questions relate, provided that the interrogators would have intervened in them personally and their fixation as certain would be detrimental to them in all or part.

2. Where the answers given by the declarant are evasive or inconclusive, the court, on its own initiative or at the request of a party, shall make the warning provided for in the preceding paragraph.

Article 308. Statement on non-personal facts of the interrogation.

When a question relates to facts that are not personal of the declarant, the declarant will have to answer according to his or her knowledge, giving reason for the origin of these, but may propose that he answer also to the question a third that have personal knowledge of the facts, because of their relations with the matter, accepting the consequences of the declaration.

For this substitution to be accepted, it must be accepted by the party that has proposed the test. In the absence of such acceptance, the declarant may request that the person concerned be questioned as a witness, the court deciding what it considers to be appropriate.

Article 309. Cross-examination of legal person or entity without legal personality.

1. Where the reporting party is a legal person or entity with no personality, and its representative on trial has not intervened in the facts at issue in the proceedings, it shall state such a circumstance in the pre-trial hearing, and shall provide the identity of the person who intervened on behalf of the legal person or entity questioned, to be summoned to the trial.

The representative may request that the identified person be referred to as a witness if he or she is no longer part of the legal person or entity without personality.

2. Where a question relates to facts in which the representative of the legal person or entity has not intervened, there shall, however, be the answer to his or her knowledge, giving reason for his or her origin and identifying the person concerned. person who, on behalf of the party, has intervened in those facts. The court shall cite that person for questioning outside the judgment as final diligence, in accordance with the provisions of Article 435 (1), second rule.

3. In the cases provided for in the preceding paragraphs, if, by the representation of the legal person or entity without personality, the person intervening in the facts is not known, the court shall consider such a demonstration as an answer. evasiva or resistance to declare, with the effects provided for in Article 307 (1) and (2

.

Article 310. Reporting Incommunication.

Where, in respect of the same contested facts, two or more parties or persons treated as referred to in Article 301 (2) are declared, the necessary measures shall be taken to prevent them from communicating and know the content of the questions and answers beforehand.

Same prevention will be adopted when multiple litisconortes need to be questioned.

Article 311. House interrogation.

1. In the case of sickness which prevents him or other special circumstances of the person who has to answer questions cannot be brought to the seat of the court, at the request of a party or of an office, the declaration may be made at the address or residence of the declarant before the appropriate Judge or member of the court, in the presence of the Judicial Secretary.

2. If the circumstances do not make it impossible or extremely inconvenient, the other parties and their lawyers may attend the questioning of the house. But if, in the judgment of the court, the concurrence of these and those that are not produced taking into account the circumstances of the person and the place, the questioning will be celebrated in the presence of the court and the judicial secretary, being able to submit a statement of questions to the proposing party so that, if they are considered relevant, they are issued by the court.

Article 312. Record of the house interrogation.

In the cases of the previous article, the Judicial Secretary will extend sufficiently circumstantial of the questions and answers, which may read for itself the person who has declared. If you do not know or want to do so, you will be read by the Judicial Secretary and the court will ask the question if you have something to add or vary, then spread what I will manifest. Then, he will sign the declarant and the other assistants, under the faith of the Judicial Secretary.

Article 313. House interrogation by way of judicial assistance.

When the party that would have to respond to interrogation resides outside the judicial demarcation of the court, and there is one of the circumstances referred to in the second subparagraph of Article 169 (4), that may be examined by judicial assistance.

In such cases, a list of questions asked by the proposing part of the interrogation will be accompanied to the office if it has requested it for not being able to attend the act of the interrogation. Questions must be declared relevant by the court hearing the case.

Article 314. Prohibition to reiterate the questioning of the parties.

The parties or persons referred to in Article 301 (2) shall not be questioned on the same facts as they have already been the subject of a declaration by those parties or persons.

Article 315. Interrogation in special cases.

1. Where the State, an Autonomous Community, a local authority and another public body are party to a process, and the court admits its declaration, they shall be referred, without waiting to the judgment or the hearing, to a list of questions submitted by the court. A proponent party at the time the test is admitted, the court declares relevant, to be answered in writing and delivered the answer to the court before the date specified for those acts.

2. Read in the act of judgment or in the hearing the written answers, shall be understood with the procedural representation of the party which has sent them the supplementary questions which the court considers relevant and useful, and if such representation It is not possible to provide the answers that are required, and a new written interrogation will be submitted as final diligence.

3. The provisions of Article 307 shall apply to the declaration provided for in this Article.

Article 316. Assessment of the questioning of the parties.

1. If the result of the other evidence is not contradicted, the judgment shall be deemed to be true of the facts which a party has recognised as such if it personally intervened and its fixation as certain is entirely prejudicial to it.

2. In all other cases, the courts shall assess the statements of the parties and persons referred to in Article 301 (2) in accordance with the rules of sound criticism, without prejudice to the provisions of Articles 304 and 307.

SECTION 2 OF PUBLIC DOCUMENTS

Article 317. Public document classes.

For test purposes in the process, public documents are considered:

1. The resolutions and proceedings of judicial proceedings of any kind and the testimonies of the judicial secretaries.

2. º Authorized by notary under the right.

3. The ones brought by the Collegiate Trade Brokers and the certifications of the operations in which they had intervened, issued by them with reference to the Book Record that they must carry according to the law.

4. º The certifications issued by the Property and Commercial Registrars of the registered seats.

5. No. Those issued by public officials legally empowered to attest to the exercise of their duties.

6. No. Those who, with reference to records and records of organs of the State, public administrations or other entities governed by public law, are issued by officials empowered to attest to provisions and actions of those bodies, administrations or entities.

Article 318. Mode of production of the test by public documents.

Public documents shall have the probative force laid down in Article 319 if they are brought to the process in original or by copy or certified true or if, having been provided by simple copy as provided for in Article 319. Article 267, the authenticity of which is not contested.

Article 319. Evidence of public documents.

1. With the requirements and in the cases of the following Articles, the public documents in the numbers 1. to 6. of Article 317 shall give full proof of the fact, act or state of affairs which they document, of the date on which that document is produced. documentation and the identity of the fedatarios and other persons who, where appropriate, intervene in it.

2. The probative force of the administrative documents not included in the numbers 5 and 6. of Article 317 to which the laws grant the character of the public, shall be the one that establishes the laws that recognize them such character. By default of express provision in such laws, the facts, acts or states of things which are contained in the said documents shall be, for the purposes of the judgment given, except that other means of proof distort the certainty of documented.

3. In the matter of usury, the courts will resolve in each case freely forming their conviction without binding to the provisions of the first paragraph of this article.

Article 320. Challenge of the probative value of the public document. Checking or checking.

1. If the authenticity of a public document is contested, so that it can be fully tested, it will proceed as follows:

1. º Copies, certifications or feisty testimonials will be collated or checked with the originals, wherever they are found.

2. º The policies intervened by the collegiate trade corridor will be checked with the seats of your Book Register.

2. The collation or verification of the public documents with their originals shall be carried out by the Judicial Secretary, constituting the effect on the file or premises where the original or the parent is located, if the parties and their parties are present. advocates, which will be cited to the effect.

3. Where a collation or verification proves the authenticity or accuracy of the contested copy or testimony, the costs, expenses and rights arising from the collation or verification shall be solely the responsibility of the person who made the challenge. If, in the court's judgment, impeachment had been foolhardy, it could also impose a fine of 20,000 to 100,000 pesetas.

Article 321. Incomplete testimony or certification.

The verified testimony or certification of only a portion of a document will not be fully tested until it is completed with the additions requested by the litigant to whom it may harm you.

Article 322. Public documents not capable of collation or verification.

1. They shall do full proof in judgment, without the need for verification or collation and unless proof to the contrary and the ability to apply for the collation of letters where possible:

1. º Old public writings that lack protocol and all those whose protocol or matrix would have disappeared.

2. º Any other public document which, by its nature, lacks the original or record with which it can be collated or checked.

2. In cases of disappearance of the original protocol, matrix or files, the provisions of Article 1221 of the Civil Code shall apply.

Article 323. Foreign public documents.

1. For the purposes of proceedings, foreign documents shall be regarded as public documents, to which, under international treaties or conventions or special laws, the probative force provided for in Article 319 of this Law is to be attributed to them. 2. Where no international treaty or convention or special law is applicable, public documents shall be considered to meet the following requirements:

1. The requirements that are required in the country where the document has been granted for the document to be fully tested have been observed in the granting or making of the document.

2. º that the document contains the legalisation or apostille and the other requirements necessary for its authenticity in Spain.

3. When the foreign documents referred to in the previous paragraphs of this article incorporate declarations of will, the existence of these will be proven, but their effectiveness will be the one that determines the Spanish and foreign norms. applicable in the field of capacity, object and form of legal business.

SECTION 3 OF PRIVATE DOCUMENTS

Article 324. Private document classes.

Private documents are considered, for trial purposes, those that are not found in any of the cases in Article 317.

Article 325. Mode of production of the test.

Private documents shall be presented in the manner set out in Article 268 of this Law.

Article 326. Probative force of private documents.

1. Private documents shall be fully tested in the process, in the terms of Article 319, where their authenticity is not contested by the party to whom they are harmful.

2. Where the authenticity of a private document is contested, the person who has submitted it may request the application of the letter of letters or propose any other means of proof which are useful and relevant to the effect.

If the document's authenticity is released from the collation or other means of proof, the document shall be carried out in accordance with the third paragraph of Article 320. Where it is not possible to deduct its authenticity or no evidence has been proposed, the court shall assess it in accordance with the rules of sound criticism.

Article 327. Merchants ' books.

When the books of the merchants are to be used as a means of proof, they will be subject to the provisions of the mercantile laws. On a reasoned basis, the court may, by way of exception, claim that the books or their computer support are presented to them, provided that the seats to be examined are specified.

SECTION 4. OF THE COMMON PROVISIONS TO THE PREVIOUS TWO SECTIONS

Article 328. Duty of documentary exhibition between parties.

1. Each party may request from the others the display of documents which are not available to it and which relate to the subject matter of the process or to the effectiveness of the means of proof.

2. The application for exhibition shall be accompanied by a simple copy of the document and, if it does not exist or is not available, the content of the document shall be indicated in the most accurate terms.

Article 329. Effects of the refusal to display.

1. In the event of an unjustified refusal to display the above article, the court, taking into consideration the other evidence, may attribute probative value to the simple copy submitted by the applicant for the exhibition or to the version of the content of the document would have been given.

2. In the case of an unjustified refusal referred to in the preceding paragraph, the court may, instead of what is available in that paragraph, make a request, by means of providence, for the documents to be displayed to be contributed to the process, where the characteristics of those documents, the other evidence provided, the content of the claims made by the applicant party and the claims to substantiate them are provided.

Article 330. Display of documents by third parties.

1. Subject to the provisions of this Law in the field of preliminary proceedings, only non-litigants shall be required to display documents of their property when, requested by one of the parties, the court understands that their knowledge is transcendent for the purposes of sentencing.

In such cases the court will order, by providence, the personal appearance of the one in whose power they are found and, after hearing him, will resolve the matter. Such a decision shall not be subject to any appeal, but the party to whom it is interested may reproduce its request in the second instance.

When they are willing to show them voluntarily, they will not be required to present them to the Secretariat, but, if they so require, the Judicial Secretary will go home to testify.

2. For the purposes of the preceding paragraph, the holders of the legal relationship or those who are the cause of the legal relationship shall not be considered as third parties, even if they do not appear as parties to the judgment.

Article 331. Testimony of documents displayed.

If the person of whom the exhibition is required in accordance with the provisions of the foregoing articles is not willing to detach from the document for incorporation into the cars, it will be extended testimony of this by the Secretary Judicial at the seat of the court, if so requested by the exhibitie.

Article 332. Duty of exhibition of official entities.

1. The offices of the State, Autonomous Communities, provinces, local entities and other entities governed by public law may not refuse to issue the certifications and testimonies requested by the courts or to oppose the display of the certificates. documents in their premises and archives, except in the case of legally declared or classified documents of a reserved or secret nature. In this case, the court shall be referred to the court for a reasoned opinion.

2. Except where there is a special legal duty of secrecy or reservation, entities and undertakings which carry out public services or are entrusted with the activities of the State, the Autonomous Communities, the provinces, municipalities and other entities They shall also be subject to the obligation to display, as well as to issue certifications and testimonials, in the terms of the preceding paragraph.

Article 333. Removing copies of documents that are not written.

In the case of drawings, photographs, sketches, drawings, maps and other documents that do not predominantly incorporate written texts, if only the original one exists, the party may request that the exhibition be obtained from the presence of the Judicial Secretary, who will attest to be faithful and exact reproduction of the original.

Article 334. Probative value of reprographic copies and collation.

1. If the party to whom the document submitted by a reprographic copy is prejudiced, it shall contest the accuracy of the reproduction, shall be collated with the original, if possible and, not being so, its probative value shall be determined according to the rules of the sound critical, taking into account the outcome of the other tests.

2. The provisions of the previous paragraph of this article shall also apply to drawings, photographs, paintings, sketches, drawings, maps and similar documents.

3. The collation to which this article refers shall be verified by the Judicial Secretary, except the right of the parties to propose expert proof.

SECTION 5 OF THE PERITES OPINION

Article 335. Purpose and purpose of the expert opinion. Oath or promise to act objectively.

1. Where scientific, artistic, technical or practical knowledge is necessary to assess facts or circumstances relevant to the case or to acquire certainty about them, the parties may provide the opinion of experts with the the relevant knowledge or request, in the cases provided for in this law, that an expert opinion be delivered by the court.

2. When the opinion is delivered, every expert shall, under oath or promise to tell the truth, state that he has acted and, where appropriate, act as objectively as possible, taking into account both what may be favoured and what is likely to be cause injury to any of the parties, and who knows the criminal sanctions in which it may incur if it fails to comply with its duty as a expert.

Article 336. Contribution to the demand and response of opinions drawn up by experts appointed by the parties.

1. The opinions of the litigants, drawn up by experts appointed by them, and which they consider necessary or suitable for the defence of their rights, shall provide them with the application or the defence, if this is necessary in writing, without prejudice to the provisions of Article 337 of this Law.

2. Opinions shall be made in writing, accompanied, where appropriate, by other documents, instruments or materials suitable for the purpose of exposing the expert's opinion on what has been the subject of the expertise. If it is not possible or appropriate to provide these materials and instruments, the written opinion shall contain sufficient information on them. They may also accompany the opinion to the documents deemed appropriate for their most successful assessment.

3. It is understood that the applicant is able to supply written opinions prepared by expert by the designated person, if it does not justify the fact that the defence of his right has not allowed to delay the interposition of the applicant until the obtaining the opinion.

4. In the case of judgments in response to the written request, the defendant who is unable to provide written opinions with that defence to the application must justify the impossibility of asking for them and obtain them within the time limit for reply.

Article 337. Notice of opinions when they cannot be brought with the application or with the answer. Subsequent input.

1. If it is not possible for the parties to provide opinions drawn up by experts appointed by them, together with the request or defence, they shall express in one or the other the opinions which, if appropriate, they intend to avail themselves, which they shall provide, for their transfer to the contrary, as soon as they have them, and in any case before the hearing before the ordinary judgment or before the hearing in the verbal.

2. Where opinions are provided in accordance with the provisions of the preceding paragraph, the parties shall state whether they wish the expert experts to appear in the judgment in accordance with Articles 431 et seq. of this Law or, where appropriate, in the view of the oral judgment, expressing whether they will have to explain or explain the opinion or answer questions, objections or proposals for rectification or to intervene in any other useful way in order to understand and assess the opinion in relation to what is object of the suit.

Article 338. Provision of opinions on the basis of post-demand procedural action. Request for intervention by experts in the trial or hearing.

1. The provisions of the foregoing Article shall not apply to opinions the need or utility of which is apparent because of the defendant's arguments in the defence of the application or of the supplementary claims or claims accepted at the hearing, within the meaning of Article 426 of this Law.

2. Opinions whose need or usefulness is raised by the defence to the application or by the alleged and alleged in the pre-trial hearing shall be provided by the parties for transfer to the contrary at least five days in advance. to the conclusion of the judgment or of the hearing, in the oral proceedings, by expressing the parties to the court if they consider it necessary for the experts to present the opinion to such a judgment or hearing, with the expression of what is stated in paragraph 2 of Article 337.

The court may also agree in this case on the presence of the experts in the trial or hearing in the terms set out in paragraph 2 of the previous article.

Article 339. Application for the designation of experts by the court and judicial decision on such request. Designation of experts by the court, without party instance.

1. If any of the parties were entitled to the right of free legal assistance, they would not have to bring the expert opinion, but merely announce it, with the request or the reply, for the purposes of the judicial designation of expert, in accordance with the provisions of the Law on Free Legal Assistance.

2. The claimant or the defendant, even if they are not in the case of the previous paragraph, may also request in their original written submissions that the judicial designation of the expert be made, if they are appropriate or necessary for their interests. the issue of the expert report. In such a case, the tribunal shall proceed to the designation, provided that the requested expert opinion is relevant and useful. That opinion shall be at the expense of the person who has requested it, without prejudice to what may be agreed on costs.

Except as to claims or claims not contained in the application, the expert report prepared by a judicial expert may not be requested after the application or the defence.

The judicial designation of the expert shall be made within five days of the submission of the response to the complaint, regardless of who has requested such a designation. Where both parties have initially requested it, the court may designate, if they are in conformity, a single expert issuing the requested report. In such a case, the payment of the fees of the expert shall be carried out by equal parties to both litigants, without prejudice to what may be agreed on the costs.

3. In the ordinary judgment, if, as a result of the additional claims or claims allowed in the hearing, the parties sought, as provided for in Article 427 (4), the designation by the court of an expert who The opinion shall be agreed by the Commission, provided that it considers the opinion relevant and useful, and both parties are in conformity with the subject matter of the expertise and in accepting the opinion of the expert which the court name.

The same may be done by the court in the case of a verbal judgment and the parties request expert designation, with the requirements of the preceding paragraph.

4. In the cases referred to in the previous two paragraphs, if the parties applying for the appointment of an expert by the court are also agreed that the opinion will be issued by a given person or entity, it shall be agreed by the Court. If there is no agreement between the parties, the expert shall be appointed by the procedure laid down in Article 341.

5. The court may, of its own motion, designate expert when the expertise is relevant in proceedings concerning the declaration or challenge of parentage, paternity and maternity, on the capacity of persons or in matrimonial proceedings.

6. The court shall not appoint more than one expert expert on each question or set of questions which must be subject to expertise and which do not require, for the diversity of its subject matter, the opinion of different experts.

Article 340. Conditions of the experts.

1. Experts shall have the official title corresponding to the subject matter of the opinion and the nature of the opinion. If the matter is not covered by official professional qualifications, they shall be appointed between persons who are understood in those matters.

2. It may also request the opinion of Academias and cultural and scientific institutions to deal with the subject matter of the subject matter of the expertise. Legal persons legally empowered to do so may also issue an opinion on specific issues.

3. In the cases referred to in paragraph 1, the institution to which the opinion shall be responsible shall express as soon as possible the person or persons responsible for preparing the opinion, who shall be required to take the oath or promise provided for in the second paragraph. of Article 335.

Article 341. Procedure for the judicial designation of experts.

1. In January of each year, it shall be of interest to the various professional associations or, failing that, of similar entities, as well as to the Academies and Cultural and Scientific Institutions referred to in the second paragraph of the previous Article, sending a list of collegians or associates willing to act as experts. The first designation of each list shall be made by a draw made in the presence of the Secretary of the Judiciary, and the following designations shall be made on the basis of a correlative order.

2. Where a person is appointed without official, practical or understood evidence in the matter, after a summons from the parties, the appointment shall be made in accordance with the procedure laid down in the preceding paragraph, using a list of persons who will be asked each year for appropriate trade unions, associations and entities, and which must be made up of at least five of those persons. If, by reason of the singularity of the matter of opinion, only the name of a person understood or practical is available, consent shall be obtained from the parties and only if they are granted shall be designated by the person.

Article 342. Appeal to the designated expert, acceptance and appointment. Provision of funds.

1. Within five days of the appointment, he or she shall communicate to the titular expert, requiring him, within a further five days, to express if he accepts the position. If yes, the appointment shall be made and the expert shall, in the manner in which it is available, make the demonstration under oath or promise as required by Article 335 (2).

2. If the designated expert adduces fair cause to prevent him from accepting it, and the court considers it sufficient, he shall be replaced by the following on the list, and so on, until the appointment is made.

3. The designated expert may, within three days of his appointment, request the provision of funds deemed necessary, which shall be on account of the final settlement. The court, by providence, shall decide on the provision requested and order the party or parties which have proposed the expert test and do not have the right to free legal aid, to pay the amount fixed in the Deposit and Consignations account of the court, within five days.

After that period, if the quantity established has not been deposited, the expert shall be exempted from issuing the opinion, without the possibility of a new designation.

When the designated expert has been by common agreement, and one of the litigants will not perform the part of the consignment that corresponds to it, the other litigant shall be offered the possibility of completing the amount that will be missing, indicating in such case the points on which the opinion is to be given, or of recovering the amount deposited, in which case the provisions of the preceding paragraph shall apply.

Article 343. Tachas of the experts. Time and form of the cross-words.

1. Only experts appointed judicially may be subject to recusal.

On the other hand, the non-refusable experts may be the object of the tacha when one of the following circumstances is present:

1. º Being spouse or relative by consanguinity or affinity, within the fourth civil degree of one of the parties or their attorneys or procurators.

2. º Having direct or indirect interest in the subject or other such.

3. º or have been in a situation of dependency or community or a counterposition of interest with either party or with their attorneys or attorneys.

4. Intimate Friendship or enmity with any of the parties or their attorneys or attorneys.

5. º Any other circumstance, duly accredited, that makes them demerless in the professional concept.

2. The cross-words may not be made after the judgment or hearing, in the case of verbal judgments. In the case of ordinary judgment, the statements of the experts responsible for opinions provided with a request or defence shall be proposed at the hearing before the judgment.

When formulating expert's, the test may be proposed to justify them, except for the testimony.

Article 344. Contradiction and assessment of the tack. Penalty in case of reckless or disloyal tacha.

1. Any interested party may address the court in order to deny or contradict the tacha by providing the documents deemed relevant for that purpose. If the tacha detract from the professional or personal consideration of the expert, it may be requested from the court that, at the end of the proceedings, it declares, by means of providence, that the tacha is unfounded.

2. Without further formalities, the court shall take into account the tacha and its possible denial or contradiction at the time of the assessment of the evidence, making, where appropriate, by means of providence, the declaration of lack of foundation of the tacha provided for in paragraph 1. previous. If he or she appreciates the fact or disloyalty in the law, because of his or her motivation or the time in which it is formulated, he may impose a fine of ten thousand to 100 000 pesetas on the responsible party.

Article 345. Expert operations and possible intervention by the parties to them.

1. Where the issue of the opinion requires some recognition of places, objects or persons or the conduct of similar operations, the parties and their advocates may witness one and the other, if this does not prevent or impede the work of the expert and can ensure the right and impartiality of the opinion.

2. If any of the parties seek to be present in the proceedings of the preceding paragraph, the court shall decide as appropriate and, in the event of admitting such presence, order the expert to give notice directly to the parties, in advance of at least forty-eight hours, of the day, hour and place where those operations shall be carried out.

Article 346. Issuance and ratification of the opinion by the expert that the court designates.

The expert that the court will appoint will issue in writing its opinion, which will make it to the court within the time limit that it has been appointed. The opinion shall be forwarded to the parties in case they consider it necessary for the expert to attend the trial or the hearing for the purposes of providing the clarifications or explanations which are appropriate. The court may, in any case, agree with providence that the presence of the expert in the judgment or hearing is necessary to better understand and assess the opinion delivered.

Article 347. Possible performance of the experts in the trial or in the view.

1. The experts shall have in the judgment or in the hearing the intervention requested by the parties, which the court admits.

The court will only deny requests for intervention that, for its purpose and content, have to be deemed impertinent or useless.

In particular, the parties and their advocates will be able to ask:

1. The full exposition of the opinion, where such an exhibition requires the completion of other operations, complementary to the written document, through the use of the documents, materials and other elements referred to in the Article 336 (2).

2. ° Explanation of the opinion or some or some of its points, the meaning of which is not considered sufficiently expressive to the effects of the test.

3. Answers to questions and objections, on method, premises, conclusions and other aspects of the opinion.

4. The answers to requests for extension of the opinion to other related points, in case it could be carried out in the same act and for effects, in any case, to know the opinion of the expert on the possibility and usefulness of the extension, as well as the time required to carry it out.

5. Critical of the opinion in question by the expert of the opposing party.

6. The formulation of the strikeout that could affect the expert.

2. The court may also ask questions of experts and require them to explain what is the subject of the opinion provided, but without being able to agree, on its own initiative, to be extended, except in the case of experts appointed on its own initiative in accordance with the provided for in Article 339 (5).

Article 348. Assessment of the expert opinion.

The court will value the expert opinions according to the rules of sound criticism.

Article 349. Letter collation.

1. It shall be carried out by expert on the collation of letters where the authenticity of a private document is denied or is in doubt on the part of the party to whom it is prejudiced.

2. It may also be possible to use letters when refusing or discussing the authenticity of any public document which lacks the matrix and the authentic copies as provided for in Article 1221 of the Civil Code, provided that such document does not may be recognized by the official who has issued it or by whom it appears as an intervener.

3. The collation of letters shall be carried out by expert appointed by the court in accordance with Articles 341 and 342 of this Law.

Article 350. Indubited documents or body of writing for the collation.

1. The party applying for the letter collation shall designate the document (s) to be made.

2. Documents shall be considered as documents for the purpose of collating letters:

1. º Documents that recognize as such all the parts to which this expert test may affect.

2. The public scriptures and those that are in the public files relating to the National Identity Document.

3. The private documents whose letter or signature has been recognized in judgment by the person to whom the indoubt is attributed.

4. The contested letter, in the part in which it recognizes the letter as its own to the detriment.

3. In the absence of the documents listed in the preceding paragraph, the party to which the contested document is assigned or the signature which authorizes it may be required, at the request of the contrary, to form a body of writing which shall be given to him by the court or the judicial secretary.

If the required is denied, the contested document will be considered recognized.

4. If there were no documents in doubt and it was impossible to collate with a body of writing by death or absence of who should form it, the court will appreciate the value of the document challenged in accordance with the rules of sound criticism.

Article 351. Production and assessment of the opinion on the collation of letters.

1. The expert on the collation of letters shall record the verification operations and their results in writing.

2. Articles 346, 347 and 348 of this Law shall apply to the expert opinion of the collation of letters.

Article 352. Other expert expert opinions of different tests.

When it is necessary or appropriate to know the content or meaning of a test or to proceed to its most accurate assessment, the parties may contribute or propose expert opinions on other means of proof admitted by the

a) the Court of Justice of the European Parliament and of the Court of Justice;

SECTION 6 OF JUDICIAL RECOGNITION

Article 353. Purpose and purpose of judicial recognition and initiative to agree.

1. Judicial recognition shall be agreed upon when it is necessary or appropriate for the court to examine by itself any place, object or person for the clarification and assessment of the facts.

2. Without prejudice to the extent to which the court considers that judicial recognition must be granted, the party applying for such recognition shall express the main points to which it wishes the court to refer and shall indicate whether it intends to attend the event with any technical or practical person in the field.

The other party may, prior to the conduct of the judicial recognition, propose other extremes of interest to it and must also state whether it will attend with the person referred to in the preceding paragraph.

3. The court shall state five days in advance, at least, the day and time of the judicial recognition.

Article 354. Realization of the judicial recognition and intervention of the parties and persons understood.

1. The court may agree on any measures that are necessary to achieve the effectiveness of the recognition, including that of ordering the entry into the place to be recognised or in which the object or person to be recognised is found.

2. The parties, their procurators and lawyers may contest judicial recognition and make the court, in word, the observations they deem appropriate.

3. If, on its own initiative or at the request of a party, the court considers it appropriate to hear the observations or statements of the persons referred to in paragraph 2 of the previous article, it shall be given a prior oath or promise to tell the truth.

Article 355. Recognition of people.

1. The judicial recognition of a person will be practiced through an interrogation conducted by the court, which will be adapted to the needs of each individual case. In such interrogation, which may be practiced, if circumstances so advise, behind closed doors or outside the seat of the court, the parties may intervene whenever the court does not consider it disturbing for the good end of the diligence.

2. In any case, respect for the dignity and privacy of the person shall be ensured in the practice of judicial recognition.

Article 356. Concurrence of the judicial recognition and the expert.

1. Where the court considers it appropriate, it may provide, by means of provision, that judicial and expert recognition, on the same place, object or person, be carried out in a single act, following the procedure laid down therein. Section.

2. The parties may also request the joint practice of both recognitions and the court shall order it if it considers it appropriate.

Article 357. Concurrence of judicial recognition and evidence by witnesses.

1. At the request of a party and its coast, the court may determine by providence that the witnesses shall be examined continuously for judicial recognition, where the view of the place or of the persons or persons may contribute to the clarity of their testimony.

2. It may also be possible, at the request of a party, to cross-examine the contrary when the same circumstances as mentioned in the previous paragraph are given.

Article 358. Act of judicial recognition.

1. The judicial review shall be carried out by the judicial secretary in detail, with the views and assessments of the court being clearly stated, as well as the observations made by the parties and by the persons to whom they are refers to Article 354.

2. The result of any other evidence which has been carried out in the same act of judicial recognition, as provided for in Articles 356 and 357, shall also be recorded in the minutes.

Article 359. Use of technical means of evidence of judicial recognition.

Image and sound recording means or other similar instruments shall be used to record what is the subject of judicial recognition and the manifestations of those involved in it, but the use of such instruments shall not be omitted. the establishment of the minutes and shall be recorded as soon as necessary for the identification of the recordings, reproductions or examinations carried out, which shall be kept by the court in such a way as to ensure that they are not altered.

Where the copy is possible, with guarantees of authenticity, recorded or reproduced by means or instruments, the party to whom it interests, at its cost, may ask for it and obtain it from the court.

SECTION 7 OF WITNESS QUESTIONING

Article 360. Test content.

The parties may request that they declare as witnesses the persons who have news of controversial facts concerning what is the subject of the trial.

Article 361. Suitability to be witnesses.

All persons may be witnesses, except those who are permanently deprived of reason or the use of senses with respect to facts on which only knowledge of these senses may be known.

Children under the age of fourteen may testify as witnesses if, in the judgment of the court, they possess the necessary discernment to know and to declare truthfully.

Article 362. Designation of witnesses.

By proposing the proof of witnesses, their identity shall be expressed, with an indication, as soon as possible, of the name and surname of each person, their profession and their domicile or residence.

The appointment of the witness may also be made by expressing the position that I shall hold or any other circumstances of identification, as well as the place where it may be cited.

Article 363. Limitation of the number of witnesses.

The parties may propose how many witnesses they deem appropriate, but the expenses of those who exceed three for each fact discussed shall be in any case account of the party that has presented them.

When the court has heard the testimony of at least three witnesses in relation to a fact discussed, it may obviate the statements of testimony that will be lacking, concerning that fact, if I consider that with those issued has already been sufficiently illustrated.

Article 364. Home statement of the witness.

1. If, by reason of sickness or other reasons referred to in the second subparagraph of Article 169 (4), the court considers that a witness cannot appear at the seat of that witness, he may be given a statement at his address directly, either through judicial assistance, according to whether or not the domicile is located in the district of the court.

The statement may be attended by the parties and their lawyers, and, if they are unable to appear, they will be authorized to submit prior written questioning with the questions they wish to ask the witness questioned.

2. Where, under the circumstances, the court considers it prudent not to allow the parties and their lawyers to attend the home declaration, the parties shall be given the views of the answers obtained so that they may request, within the third day, that new supplementary questions are submitted to the witness or that the appropriate clarifications are requested, as provided for in Article 372.

Article 365. Oath or promise of witnesses.

1. Before declaring, each witness shall be sworn in or promise to speak truth, with the consent of the penalties established for the crime of false testimony in civil cause, of which the court will instruct him if he will manifest to ignore them.

2. When it comes to minor criminal-age witnesses, they will not be required to be sworn in or promise to tell the truth.

Article 366. How to declare witnesses.

1. The witnesses shall declare separately and successively, in the order in which they were entered in the proposals, unless the court finds reason to alter it.

2. Witnesses shall not communicate with each other and shall not be able to attend the declarations of others.

To this end, the necessary measures will be taken.

Article 367. General questions to the witness.

1. The court will initially ask each witness, in any case:

1. º By name, last name, age, state, profession and address.

2. º If he has been or is a spouse, relative by consanguinity or affinity, and to what extent, of any of the litigants, his attorneys or procurators or is bound to them by means of adoption, guardianship or analogs.

3. º If it is or has been dependent on or has been in the service of the party that has proposed it or its attorney or attorney or has had or has with them any relationship likely to cause common or conflicting interests.

4. º If you have direct or indirect interest in the subject or similar.

5. º If you are an intimate friend or enemy of any of the litigants or their attorneys or attorneys.

6. º If you have ever been convicted of false testimony.

2. In the light of the witness's answers to the questions in the previous paragraph, the parties may express to the court the existence of circumstances relating to their impartiality.

The court may question the witness about these circumstances and ask questions and answers to be entered in the minutes for the proper assessment of the statements in the judgment.

Article 368. Content and admissibility of the questions to be asked.

1. The questions posed to the witness must be asked orally, in the affirmative, and with due clarity and precision. No ratings or ratings shall be included, and if they are incorporated, they shall be unrealised.

2. The court will decide on the questions raised in the same act of questioning, admitting that they may be conducive to the investigation of controversial facts and circumstances, which are related to the object of the trial.

Questions that do not relate to a witness's own knowledge according to Article 360 shall be inadmissible.

3. If, despite having been admitted, a question is answered, the answer shall not be recorded in the minutes.

Article 369. Challenge the admission of the questions and protest against their inadmissibility.

1. In the event of the questioning, the parties other than those who have asked the question may challenge their admission and make note of the assessments and qualifications they consider imparted and which, in their opinion, should be taken for unrealised.

2. The party that is disagreeable with the inadmissibility of questions, may manifest it like this and ask for the record of its protest.

Article 370. Examination of the witness on the questions admitted. Tstig-perito.

1. Once the general questions have been answered, the witness will be examined by the party that would have proposed it, and if it had been proposed by both parties, it will begin with the questions that the complainant asks.

2. The witness will answer for himself, in word, without using any draft answers. When the question relates to accounts, books, or documents, you will be allowed to see them before you respond.

3. In each of his answers, the witness will express the reason for science of what he says.

4. Where the witness possesses scientific, technical, artistic or practical knowledge on the subject matter to which the facts of the examination relate, the court shall admit the evidence which, by virtue of such knowledge, adds the witness to his or her answers about the facts.

As for such demonstrations, the parties may make the court notice the concurrence of any of the circumstances of the tacha related to Article 343 of this Law.

Article 371. Witnesses with a duty to keep secret.

1. When, by his state or profession, the witness has the duty to keep secret in respect of facts for which he is interrogate, he shall express it reasoned and the court, considering the basis of the refusal to declare, shall resolve, by means of Provision, as appropriate, in law. If the witness is released from reply, it shall be recorded in the minutes.

2. If it is alleged by the witness that the facts in question are legally declared or classified as a reserved or secret matter, the court, in cases where it considers it necessary for the satisfaction of the interests of the administration of justice, shall, by means of providence, request the competent body to make the official document certifying that character.

The court, proven to be the basis of the argument of the reserved or secret character, will send the document to the cars, leaving constancy of the questions affected by the official secret.

Article 372. Intervention of the parties in the questioning and extension of this.

1. Once the questions asked by the lawyer of the party who proposed the evidence testify are answered, the lawyers of any of the other parties may ask the witness for new questions to be heard leading to the determination of the facts. The court must repel any questions that are either impertinent or useless.

In the event of inadmissibility of these questions, the provisions of Article 369 (2) on disconformity with inadmission shall apply.

2. In order to obtain clarifications and additions, the court may also question the witness.

Article 373. I have no witnesses and between them and the parties.

1. Where witnesses are in serious contradiction, the court may, on its own initiative or at the request of a party, agree that they shall be subject to a charge.

2. It may also be agreed that, in accordance with the respective declarations, the parties and some or some witnesses are not present.

3. The actions referred to in this Article shall be requested at the end of the examination and, in this case, the witness shall be warned not to be absent in order to enable such actions to be carried out below.

Article 374. How to record statements of evidence.

Testimonial statements provided in view or judgment shall be documented in accordance with the provisions of Article 146 (2).

Article 375. Compensation for witnesses.

1. The witnesses who declare shall have the right to obtain from the party which has proposed them compensation for the costs and damages which their appearance has caused them, without prejudice to what may be agreed upon in the matter of costs. If several parties propose to the same witness, the amount of the compensation shall be apportioned among them.

2. The amount of the compensation shall be determined by the court by order, which shall take into account the data and circumstances which have been provided. Such order shall be issued after the end of the judgment or hearing, and shall only be liable for replacement.

If the party or parties to indemnify do not do so within ten days of the determination of the resolution referred to in the preceding paragraph, the witness may refer directly to the award procedure.

Article 376. Assessment of witness statements.

The courts shall assess the probative force of the witness statements in accordance with the rules of sound criticism, taking into account the reason for the science they have given, the circumstances in which they are present, and, where appropriate, the statements made and the results of the test which have been carried out on them.

Article 377. Tachas of the witnesses.

1. Irrespective of the provisions of Article 367 (2), each party may delete the witnesses proposed by the contrary in which some of the following causes are met:

1. No. Being or having been a spouse or relative by consanguinity or affinity within the fourth civil degree of the party who has presented it or of its lawyer or procurator or has been related to them by means of adoption, guardianship or analogue.

2. Be the witness, in making a statement, dependent on the person who has proposed it, or of his attorney or attorney, or being at his or her service or being bound by any relationship of society or interests with any of them.

3. º Having direct or indirect interest in the subject matter.

4. Be an intimate friend or enemy of one of the parties or your attorney or procurator.

5. º Haber was the witness convicted for false testimony.

2. The pro-rapporteur part of the witness may also delete the witness if the existence of any of the causes of heel laid down in the previous paragraph is made to his knowledge.

Article 378. Time of the strikeout.

Tachas shall be formulated from the moment when the evidence is admitted to testify until the judgment or hearing begins, without prejudice to the obligation of the witnesses to acknowledge any cause of tacha upon being questioned in accordance with the provisions of Article 367 of this Law, in which case the action may be taken in accordance with paragraph 2 of that Article.

Article 379. Test and opposition on the strikeout.

1. With the claim of the cross-words, the proof of proof may be proposed to justify them, except for the evidence.

2. If a witness has made a statement, the other parties shall not object to it within the third day following their formulation, which shall be understood to be the basis of the tacha. If they object, they will allege what they see fit, and can provide documents.

3. For the assessment of the tacha and the assessment of the statement of evidence, the provisions of Article 344 (2) and Article 376 shall apply.

Article 380. Cross-examination of the facts in written reports.

1. If, in accordance with Article 265 (1) or Article 265 (1), or at a later date, pursuant to the third paragraph of the same provision, reports on facts have been given to the file and these have not been recognised as true by all the parties to whom they may harm, shall be questioned as witnesses to the authors of the reports, in the form prevented in this Law, with the following special rules:

1. The witness shall not be held by the witness for any reason of interest in the case, when the report has been drawn up on behalf of one of the parties.

2. The author of the report, once accredited, will have to recognize and ratify it in its content, before the relevant questions are asked.

3. The interrogation will be limited to the facts reported in the reports.

2. If the reports contain assessments based on scientific, artistic, technical or practical knowledge of the authors, the reports shall be as provided for in Article 370 (4) on the case-study.

Article 381. Written responses from legal persons and public entities.

1. Where, on facts relevant to the process, it is relevant to inform legal persons and public entities as such, to refer to those facts for their activity, without the need or need to individualise certain natural persons the knowledge of what is of interest to the process, the party to whom this test is appropriate may propose that the legal person or entity, at the request of the court, answer in writing on the facts in the ten days preceding the trial or the view.

2. The test proposal referred to in the preceding paragraph shall express precisely the points on which the written declaration or report is to be addressed. The other parties may invoke what they consider appropriate and, in particular, whether they wish to add other extremes to the written declaration request or to rectify or supplement those expressed by the proposer of the test.

The court, hearing the parties, where appropriate, will decide on the relevance and usefulness of the proposal, determining precisely, where appropriate, the terms of the question or questions to be the subject of the legal person or entity and requiring it to lend and refer the court in the time established, under the warning of a fine of 25,000 to 100,000 pesetas and to proceed, against whom I will be personally responsible for the omission, disobedience to the authority. The practice of this test shall not suspend the course of the proceedings unless the Judge considers it necessary to prevent the defencelessness of one or both parties.

Written responses received, will be transferred to the parties for the purposes specified in the following paragraph.

3. In the light of the written answers, or of the refusal or omission thereof, the court may, on its own initiative or at the request of any of the parties, provide, by means of providence, to the judgment or hearing, the natural person or persons whose evidence may be relevant and useful in order to clarify or complete, if it is obscure or incomplete, the statement of the legal person or entity. It may also, at the request of a party, admit any relevant and useful evidence to contradict such a statement.

4. The provisions of the foregoing paragraphs shall not apply to public entities where, in the case of facts of the characteristics laid down in paragraph 1, they may be obtained from those certificates or evidence, which may be to be provided as a documentary evidence.

5. The declarations referred to in the preceding paragraphs shall apply, as far as possible, to the other rules of this Section.

SECTION 8 OF THE REPRODUCTION OF THE WORD, SOUND, AND IMAGE AND OF THE INSTRUMENTS THAT ENABLE ARCHIVING AND LEARNING OF DATA RELEVANT TO THE PROCESS

Article 382. Instruments of filming, recording and the like. Evidentiary value.

1. The parties may propose as a means of proof the reproduction before the court of words, images and sounds captured by means of filming, recording and other like. By proposing this test, the party may accompany, if applicable, written transcript of the words contained in the support concerned and that are relevant to the case.

2. The party proposing this means of proof may provide the opinions and instrumental means of evidence which it considers appropriate. The other parties may also provide opinions and means of proof when they question the authenticity and accuracy of the reproduced.

3. The court shall appraise the reproductions referred to in paragraph 1 of this Article in accordance with the rules of sound criticism.

Article 383. Record of the reproduction and custody of the relevant materials.

1. The acts carried out pursuant to the previous Article shall be taken up in the appropriate minutes, where it shall be recorded as necessary for the identification of the filming, recordings and reproductions carried out, as well as, where appropriate, the supporting evidence and opinions or the tests carried out.

The court may agree by providence that a literal transcript of the filmed or recorded words and voices be made, provided that it is relevant to the case, which will be joined to the minutes.

2. The material containing the reproduced word, image or sound shall be kept by the court, with reference to the case-file, so that it does not suffer any alterations.

Article 384. Of the instruments that allow the archiving, knowledge, or reproduction of data relevant to the process.

1. Instruments for archiving, knowing or reproducing words, data, figures and mathematical operations carried out for accounting purposes or other purposes, which, as relevant to the process, have been admitted as evidence, shall be examined by the court by the means that the proposing party provides or that the court has to use and so that the other parties to the proceedings can, with the same knowledge as the court, plead and propose what is appropriate to their right.

2. The provisions of Article 382 (2) shall apply to the instruments provided for in the preceding paragraph. The documentation in cars shall be made in the manner most appropriate to the nature of the instrument, under the faith of the Secretary-Judicial, who shall, where appropriate, also take the necessary custodial measures.

3. The court shall appraise the instruments referred to in the first paragraph of this article in accordance with the rules of sound criticism applicable to those according to their nature.

SECTION 9. OF DISPLAYS

Article 385. Legal presumptions.

1. The presumptions that the law establishes dispense from the proof of the alleged fact to the party to which it favors.

Such presumptions shall be admissible only if the certainty of the fact that the presumption is part of the presumption has been established by admission or proof.

2. Where the law establishes a presumption unless proof to the contrary, it may be directed both to prove the absence of the alleged fact and to prove that there is no link, in the case in question, to the fact that it is presumed to be and the proven or admitted fact which bases the presumption.

3. The presumptions established by the law shall admit the proof to the contrary, except in cases where it expressly prohibits it.

Article 386. Judicial presumptions.

1. On the basis of an accepted or proven fact, the court may assume the certainty, for the purposes of the process, of another fact, whether between the admitted or demonstrated and the alleged exists a precise and direct link according to the rules of the human criterion.

The sentence in which the preceding paragraph applies shall include the reasoning under which the court has established the presumption.

2. Faced with the possible formulation of a judicial presumption, the litigant injured by it may always practice the test to the contrary referred to in paragraph 2 of the previous article.

CHAPTER VII

Of the incidental issues

Article 387. Concept of incidental issues.

These are incidental issues which, being different from those that constitute the main object of the litigation, are in keeping with this immediate relationship, as well as those arising from the budgetary and procedural requirements of the influence on the process.

Article 388. General rule on procedure.

The incidental issues that are not addressed in this Act will be dealt with in the manner set forth in this chapter.

Article 389. Incidental issues of special pronouncement.

The incidental issues will be of special pronouncement if they require the court to decide on them separately in the judgment before they enter to settle on what is the main object of the suit.

These issues will not suspend the ordinary course of the process.

Article 390. Incidental issues of prior pronouncement. Suspension of the demand course.

When the questions assume, by their nature, an obstacle to the continuation of the trial for their ordinary procedures, the course of the proceedings will be suspended until those proceedings are resolved.

Article 391. Questions of prior pronouncement. Cases.

In addition to those expressly provided for in the Law, incidental issues relating to it shall be considered in the case of the above:

1. To the capacity and representation of any of the litigants, for events occurring after the hearing regulated in the articles 414 and following.

2. The defect of any other procedural budget or the appearance of an obice of the same nature, provided that they have occurred after the hearing provided for in the articles cited in the preceding number.

3. No to any other incident that occurs during the trial and whose resolution is absolutely necessary, in fact or in law, to decide on the continuation of the trial for its ordinary proceedings or its termination.

Article 392. Approach to the incidental issues. Admission of those who are not such.

1. The incidental questions shall be raised in writing, accompanied by the relevant documents, and where the necessary evidence shall be proposed and shall be indicated if, in the opinion of the person who proposes the matter, the course of action shall be suspended or not normal of the actions up to the resolution of the action.

2. The court will, by car, repel the approach of any matter that is not found in any of the above cases.

Article 393. Admission, substantiation and decision of incidental issues.

1. In the ordinary procedure, the approach of no incidental question once initiated, and in the verbal, once the proposed test has been admitted, will not be accepted.

2. In the succinctly motivated providence in which the approach to the question is accepted, it shall be settled if it is to be regarded as prior to, or in particular, pronouncement, in the first case, the ordinary course of the proceedings being suspended.

3. The Court of Justice shall, in accordance with the provisions of Article 1 (1) of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament, of the European Parliament and of the Council of the European Parliament and of the Council of the European Union, ready for the views of the verbal judgments.

4. The arguments put forward and, where appropriate, the evidence which, in the same view, are accepted, if the question is a preliminary ruling, will be issued within ten days by self-resolving the matter and by having what is appropriate regarding the continuation of the process.

If the matter is of special pronouncement, it shall be settled, with due separation, in the final judgment.

5. Where the question is resolved by order, if the latter agree to terminate the proceedings, the appeal shall be lodged, and if it decides that it shall be followed, no appeal shall be lodged, without prejudice to the fact that the injured party may challenge the decision on appeal. the final statement.

CHAPTER VIII

From the conviction on coasts

Article 394. Conviction on the costs of the first instance.

1. In the declarative proceedings, the costs of the first instance shall be imposed on the party which has rejected all its claims, unless the court appreciates, and so I reasoned, that the case had serious doubts as to whether or not it was right.

In order to assess, for the purposes of the costs, that the case was legally doubtful, the case law will be taken into account in similar cases.

2. If the estimate or dismissal of the claims is partial, each party shall pay the costs incurred at the request of the court and the common costs in half, unless there is merit in imposing them on one of them for having litigated with fear.

3. Where, pursuant to the provisions of paragraph 1 of this Article, the costs of the expired litigant are charged, the litigant shall be liable only to pay, on the part corresponding to lawyers and other professionals who are not subject to a tariff or tariff, a total quantity not exceeding one-third of the amount of the process, for each of the litigants who have obtained such a pronouncement; to these alone effects, the inestimable claims shall be valued at three million Pesetas, except that, because of the complexity of the case, the court provides otherwise.

The provisions of the preceding paragraph shall not apply when the court declares the judgment of the litigant on the coast.

When the defendant on the coast is entitled to the right of free legal assistance, he will only be obliged to pay the costs incurred in defence of the contrary party in the cases expressly mentioned in the Law of Free Legal Assistance.

4. In no case shall the costs be imposed on the Prosecutor's Office in the processes in which it intervenes as a party.

Article 395. Conviction on costs in case of trespass.

1. If the defendant is to be brought into the proceedings before it is answered, the costs shall not be imposed unless the court, duly reasoned, appreciates bad faith in the defendant.

It is understood that, in any event, there is bad faith, if before the application was filed, the defendant would have been asked to have a reasonable and justified request for payment, or if it had been directed against the request for conciliation.

2. If the break-in is produced after the defence to the application, paragraph 1 of the previous Article shall apply.

Article 396. Conviction on costs when the process terminates by withdrawal.

1. If the process is terminated by withdrawal of the actor, which is not to be consented to by the defendant, the defendant shall be ordered to pay all the costs.

2. If the withdrawal that ends the proceedings is consented to by the defendant or defendants, none of the litigants shall be ordered to pay.

Article 397. Appeal on costs.

The provisions of Article 394 shall apply in order to resolve in the second instance the appeal of appeal against the conviction or the failure to condemn on the costs of the first instance.

Article 398. Costs on appeal, extraordinary appeal for procedural infringement and appeal.

1. Where all the claims of an appeal, extraordinary for procedural infringement or appeal, are dismissed, the provisions of Article 394 shall apply as regards the costs of the appeal.

2. In the event of a total or partial estimation of an appeal, extraordinary for procedural infringement or appeal, none of the litigants shall be ordered to pay the costs.

TITLE II

From the ordinary judgment

CHAPTER I

From the initial allegations

SECTION 1 OF THE LAWSUIT AND ITS OBJECT

Article 399. The demand and its content.

1. The judgment shall be in principle on demand, in which, in accordance with the provisions of Article 155, the particulars and circumstances of identification of the actor and the defendant, and the address or residence in which they may be located, shall be The facts and the principles of law shall be numbered and separated and shall be clearly and accurately determined.

2. The name of the prosecutor and the lawyer shall be mentioned together with the name of the actor when they are involved.

3. The facts shall be narrated in an orderly and clear manner in order to facilitate their admission or denial by the defendant in reply. In the same order and clarity, the documents, means and instruments which are provided in relation to the facts underlying the claims shall be expressed and, finally, shall be formulated, assessed or reasoned upon, if they appear to be suitable for the law of the litigant.

4. In addition to those relating to the matter of substance raised, the grounds of law shall include, with the appropriate separation, the claims arising on the parties ' capacity, representation of them or of the prosecutor, jurisdiction, jurisdiction and class of judgment in which the claim is to be substantiated, as well as any other facts which may depend on the validity of the judgment and the provenance of a judgment on the merits.

5. In the petition, where several judicial pronouncements are sought, they shall be expressed with due separation. The requests made subsist, in the event that the principal ones are dismissed, shall be recorded by their order and separately.

Article 400. Precluding the allegation of facts and legal bases.

1. Where the application for a claim can be based on different facts or on different grounds or legal titles, it must be argued in the case that the known or the time to be brought is invoked, without it being admissible to reserve its own allegation for further processing.

The burden of the claim referred to in the preceding paragraph shall be without prejudice to any additional allegations or new or new news permitted in this Law at a time after the application and the response.

2. In accordance with the provisions of the preceding paragraph, the facts and legal bases adduced in a dispute shall be considered to be the same as those alleged in a previous judgment if they had been able to argument on this one.

Article 401. The preclusive moment of the accumulation of shares. Objective and subjective expansion of demand.

1. Stock accumulation will not be allowed after the demand is answered.

2. Prior to the response, the request may be extended to accumulate new shares to those already exercised or to direct them against new defendants. In such a case, the time limit for responding to the claim will be recounted from the transfer of the expansion of the demand.

Article 402. Opposition to the accumulation of actions.

The defendant may object in the response to the claim to the alleged accumulation, where it does not accommodate the provisions of Articles 71 et seq. of this Law. On this opposition will be resolved in the pre-trial hearing.

Article 403. Admission and exceptional cases of inadmission of the claim.

1. The claims will only be inadmissible in the cases and for the reasons expressly provided for in this Law.

2. The liability claims against Judges and Magistrates shall not be admissible for damages which, for the purposes of which they are guilty or inexcusable, irrogate in the performance of their duties as long as the decision to terminate the proceedings is not signed. in which the tort is caused. Such claims shall also not be admissible if the proceedings against the act or omission which are deemed to cause the damage were not claimed or appealed in due time.

3. Nor shall the claims be admissible if the documents which the law expressly requires for the admission of those or have not been attempted reconciliations or any requirements, claims or consignations that are required are not supported. special cases.

Article 404. Admission of the claim, location to the defendant and time limit for the response.

The court, having examined its jurisdiction and objective jurisdiction, and, where applicable, territorial jurisdiction, will dictate to the defendant the demand and transfer it to the defendant, in order to answer it within twenty days.

SECTION 2 OF THE RESPONSE TO THE DEMAND AND THE COUNTERCLAIM

Article 405. Answer and form of the answer to the claim.

1. In the defence of the application, which shall be drawn up in the form prevented for the purpose of Article 399, the defendant shall state the grounds of his opposition to the claims of the actor, on the grounds of the material exceptions which he may have. If I consider the accumulation of actions inadmissible, I shall state this, expressing the reasons for inadmissibility. It may also state in the defence its search for some or some of the claims of the actor, as well as part of the sole claim adduced.

2. In the defence of the application, the facts alleged by the actor must be refused or accepted. The court may consider the defendant's silence or evasive responses as tacit admission of the facts that are harmful to him.

3. The defendant, in the defence of the application, the procedural exceptions and any other arguments which show that it is an obstacle to the valid continuation and termination of the proceedings by judgment on the substance, shall also be adduced.

Article 406. Content and form of counterclaim. Inadmissibility of the counterclaim not related to the claim and the implied counterclaim.

1. In reply to the application, the defendant may, by means of counter-claim, make the claim or form of order which he or she believes to be responsible for the applicant. The counterclaim shall be admissible only if there is a connection between its claims and those which are the subject of the main application.

2. The counterclaim shall not be admissible where the Court has no objective competence on the grounds of the matter or the amount or where the action to be exercised is to be heard in a different manner or in nature.

However, the associated action may be exercised by counterclaim, which, by reason of the amount, is to be aired in verbal judgment.

3. The counterclaim shall be proposed following the response and shall be accommodated in accordance with the requirements laid down in Article 399. The counterclaim must clearly express the specific judicial protection sought to obtain in respect of the actor and, where appropriate, other subjects. In no case shall it be considered as a counterclaim in the defendant's letter which ends up requesting his acquittal in respect of the claim or claims of the main claim.

4. The provisions of Article 400 shall apply to the counterclaim.

Article 407. Addressees of the reconventional demand. Response to the counterclaim.

1. The counterclaim may also be directed against non-plaintiff subjects, provided that they can be considered as voluntary or necessary litisconortes of the actor rearranged for their relationship with the object of the reconventional demand.

2. The reagreed actor and the subjects referred to in the preceding paragraph may respond to the counterclaim within 20 days of the notification of the reconventional claim. This response shall be in accordance with Article 405.

Item 408. Procedural treatment of the claim for compensation and the nullity of the legal business in which the claim is founded. Res judicata.

1. If, in the face of the claim for the payment of the amount of money, the defendant claims the existence of a compensable claim, the claim may be contested by the actor in the form prevented for the counterclaim, even if the defendant only intends to be acquitted and does not condemn the balance which in his favour could result.

2. If the defendant claims in his defence facts that are decisive for the absolute nullity of the business in which the claim or claim of the actor is founded and the claim has been given for the validity of the business, the actor may ask the court, that it shall, by means of providence, reply to the said claim of invalidity within the same time limit laid down for the counter-claim.

3. The final judgment will be given to the points referred to in the preceding paragraphs of this article and the statements contained in the judgment in those paragraphs shall have the force of res judicata.

Article 409. Substantiation and decision of the claims of the defence and the counterclaim.

The claims of the defendant in the defence and, where appropriate, in the counterclaim, shall be substantiated and resolved at the same time and in the same manner as those which are the subject of the main claim.

SECTION 3 OF THE EFFECTS OF PROCESS PENDENCY

Article 410. Start of the lis pendens.

Litigation, with all its procedural effects, occurs from the demand interposition, if it is then admitted.

Article 411. Perpetuation of jurisdiction.

The alterations that once the process has begun, occur as regards the domicile of the parties, the situation of the litigious thing and the object of the judgment will not modify the jurisdiction and the jurisdiction, that will be determined according to the which is credited at the initial time of the lis pendens.

Article 412. Prohibition of change of demand and admissible amendments.

1. Established whatever is the subject of the proceedings in the application, in the defence and, where appropriate, in the counterclaim, the parties may not alter it subsequently.

2. The provisions of the above paragraph shall be without prejudice to the power to make supplementary claims in accordance with the terms set out in this Law.

Article 413. Influence of the change of circumstances in the judgment on the fund. Non-procedural satisfaction. Loss of legitimate interest.

1. No account shall be taken in the judgment of the innovations which, after the initiation of the trial, introduce the parties or third parties in the state of affairs or persons who have given rise to the application and, where appropriate, to the counterclaim, except if the innovation shall definitely deprive of legitimate interest the claims which have been deducted in the application or the counterclaim, for having been satisfied either after processing or for any other reason.

2. Where, as provided for in the preceding paragraph, the claims have been deprived of legitimate interest, the provisions of Article 22 shall apply.

CHAPTER II

From the pre-trial hearing

Article 414. Purpose, procedural time and intervening subjects in the hearing.

1. Once the application has been answered and, where appropriate, the counterclaim, or after the relevant time-limits, the court, within the third day, shall convene the parties to a hearing, which shall be held within 20 days from the date of the request. call.

This hearing will take place, as set out in the following articles, to attempt an agreement or transaction of the parties to terminate the proceedings, to examine the procedural issues that may be to the prosecution of the latter and its termination by judgment on its subject matter, to set precisely that object and the ends, in fact or in law, on which there is a dispute between the parties and, where appropriate, to propose and admit the evidence.

2. The parties shall appear at the hearing attended by a lawyer.

To the effect of the intent of settlement or transaction, when the parties do not participate personally but through their attorney, they will have to grant this power to resign, to break in or to compromise. If they do not attend personally or give them that power, they shall be held for not being compared to the hearing.

3. If none of the parties appears to the hearing, the record shall be lifted and the court shall, without further formalities, order the proceedings to be dismissed, ordering the file of the proceedings.

The process will also be overruled if the hearing is only attended by the defendant and will not allege legitimate interest in the continuation of the proceedings for the judgment on the merits. If the defendant is not present, the hearing shall be understood with the actor in which he shall be brought.

4. Where the plaintiff's lawyer is absent from the hearing, the proceedings shall be terminated unless the defendant claims legitimate interest in the continuation of the proceedings for a judgment on the substance. If the defendant's lawyer is missing, the hearing will be followed by the plaintiff in what will be obtained.

Article 415. Attempt to reconcile or transaction. Withdrawal from bilateral withdrawal. Approval and effectiveness of the agreement.

1. The court shall declare the act open and check whether the dispute between the parties has been opened.

If they have agreed to an agreement or are willing to conclude it immediately, they may desist from the process or request the court to approve the agreement.

In this case, the court will examine previously the concurrence of the requirements of legal capacity and the power of disposition of the parties or their duly accredited representatives, who attend the event.

2. The agreement approved judicially will take the effects attributed by the law to the judicial transaction and may be carried out by the procedures provided for the execution of judgments and conventions judicially approved. Such an agreement may be challenged by the causes and in the manner envisaged for the court settlement.

3. If the parties have not reached an agreement or are not prepared to conclude it immediately, the hearing shall continue as provided for in the following Articles.

Article 416. Examination and resolution of procedural issues, excluding those relating to jurisdiction and jurisdiction.

1. If the agreement between the parties is ruled out, the court will decide, as provided for in the following Articles, on any circumstances which may prevent the validity of the proceedings and end the proceedings by judgment on the merits and, in special, on the following:

1. th Lack of capacity of litigants or representation in their various classes;

2. Cosa res judicata o litipendens;

3. th Lack of the due litisconsortium;

4. Inappropriateness of the procedure;

5. A legal effect on the way to propose the claim or, where appropriate, the counterclaim, for lack of clarity or precision in the determination of the parties or the request to be deducted.

2. In the hearing, the defendant may not contest the lack of jurisdiction or jurisdiction of the court, which had to be proposed in the form of a declinatory in accordance with the provisions of Articles 63 et seq. of this Law.

The provisions of the foregoing paragraph are without prejudice to the provisions of the law on the assessment by the court of its own office, its lack of jurisdiction or jurisdiction.

Article 417. Order for the examination of procedural issues and resolution on them.

1. When the hearing is held on several circumstances of the above mentioned in the previous article, they will be examined and resolved by the order in which they appear in the following articles.

2. Where the hearing is more than one of the questions and circumstances of the foregoing Article, the court shall, within five days of the hearing, decide in the same order on all the questions referred to it that, in accordance with the Next, do not resolve orally at the same hearing.

Article 418. Defects in capacity or representation. Effects of their non-healing or correction. Statement of rebellion.

1. Where the defendant has alleged in the defence or the actor claims in the hearing defects of capacity or representation, which are subsable or liable to be corrected, they may be corrected or corrected in the act and if not possible in that case. time, a period of not more than ten days shall be granted with suspension, in the meantime, of the hearing.

2. Where the defect or fault is not subsable or correctable or is not remedied or corrected within the period granted, the hearing shall be terminated and the process shall be terminated, except as provided in the following paragraph of this precept.

3. If the non-subsated defect affects the personation in the form of the defendant, it shall be declared to him in absentia, without the actions that he had carried out to be recorded in cars.

Article 419. Admission of stock accumulation.

Once the questions of capacity and representation were raised and resolved, if any, if the application had accumulated a number of shares and the defendant in his reply had been motivated by that accumulation, the The court, hearing before the actor in the same hearing, will decide orally on the origin and admissibility of the accumulation. The hearing and the proceedings will follow their course on the action or actions which, according to the judgment, may constitute the subject matter of the proceedings.

Article 420. Possible voluntary integration of the litis. Resolution in controversial cases of required litisconsortium.

1. Where the defendant has alleged in the answer to be absent from the due lytisconsortium, the actor may, in the hearing, present, with the corresponding copies, written directing the application to the persons whom the defendant considers to be his litisconortes and the court, if he considers it to be from the litisconsortium, will declare it so, ordering the new defendants to respond to the demand, with suspension of the hearing.

The plaintiff, in directing the application to the litisconortes, may only add to the arguments of the initial claim those other essential to justify the pretenses against the new defendants, without altering substantially the cause of ordering.

2. If the actor is opposed to the lack of a litisconsortium, adduced by the defendant, the court shall hear the parties on this point and, where the difficulty or complexity of the case advises, it may resolve the matter by means of an order to be issued within the five days after the hearing. In any case, it must continue for its other purposes.

3. If the court finds that the litisconsortium has been brought, it shall give the actor the time limit which it considers appropriate to constitute it, which shall not be less than ten days. The new defendants may reply to the application within the time limit laid down in Article 404, in the meantime, in the meantime, for the applicant and the initial defendant, the course of the proceedings.

4. After the period granted to the actor to constitute the litisconsortium without having contributed copies of the complaint and documents annexed, addressed to new defendants, the process shall be terminated and the final file of the proceedings shall be made.

Article 421. Resolution in cases of litigency or res judicata.

1. Where the court finds the judgment of another trial or the existence of a firm judgment on the same subject, in accordance with Article 222 (2) and (3), it shall terminate the hearing and shall, within the period of the following five days, self-withdrawal.

However, the process is not overruled in the event that, pursuant to Article 222 (4), the effect of a previous final judgment must be binding on the court that is aware of the subsequent process.

2. If the court considers the judgment to be non-existent or the res judicata, it shall state so, in a reasoned manner, in the act and decide that the hearing shall continue for its other purposes.

3. By way of derogation from the foregoing paragraphs, where the difficulty or complexity of the questions referred to in the case or the judgment in question, it may also be dealt with by order, within five days following the hearing, which will continue in any case for its other purposes. If it is necessary to resolve the matter in fact, the appropriate actions, which the court will order, shall be carried out within the period prescribed.

Article 422. Resolution in cases of procedural inadequacy by reason of the amount.

1. If the allegation of improper procedure formulated in the answer to the complaint is based on the value of the contested thing or the method of calculating, according to the legal rules, the economic interest of the claim, the court will hear to the parties to the hearing and shall, in the event, decide as appropriate, in accordance with the agreement to which the parties may reach the value of the issue.

2. If no agreement is reached on the value of the contested thing, the court shall, at the same hearing, decide orally, in a reasoned manner, as appropriate, taking into account the documents, reports and any other elements useful for calculating the value, which the parties have contributed.

If the proceedings of the oral trial proceed, the hearing will be terminated, quoting the parties for the hearing, unless the complaint appears to have been filed outside the expiry period which, by reason of the matter, establish the law. In this case, the process will be declared over.

Article 423. Resolution in cases of procedural inadequacy by reason of the matter.

1. Where the allegation of improper procedure fails to correspond to that which follows the subject matter of the proceedings, the court, hearing the parties to the hearing, may decide on the basis of the act which it considers to be appropriate and if it considers unfounded the claim, the hearing will continue for its remaining purposes.

2. The Court, if the complexity of the case advises it, may decide on the procedure to be followed, within five days of the hearing, which will continue in any event for its other members. purposes.

3. If the appropriate procedure is that of the verbal judgment, the summons of the parties for the hearing shall be made available, unless the application appears to be filed outside the expiration period which, by reason of the matter, establishes the law. In this case, the process will be declared over.

The dismissal will also be available if, at the beginning of the hearing, the special requirements that the laws require, for the purpose of the matter, for the admission of the claim, do not appear to be fulfilled.

Article 424. Activity and resolution in case of defective demand.

1. If the defendant submits in the defence to the claim the lack of clarity or precision of the claim in the determination of the parties or the claims deducted, or if the actor takes the same defects in the hearing or in the hearing, counterclaim, or if, on its own initiative, the court will appreciate some or other, it will admit in the act of the hearing the necessary clarifications or clarifications.

2. If clarifications and clarifications are not made, the court will only rule out the case if it is not at all possible to determine what the claims of the actor or, if any, of the defendant in the counterclaim, or in front of which legal subjects the claims are made.

Article 425. Judicial decision in cases of procedural circumstances similar to those expressly provided for.

The resolution of circumstances alleged or made of trade manifest, which are not included in Article 416, shall be accommodated in accordance with the rules laid down in these provisions for the like.

Article 426. Supplementary and clarifying allegations. Supplementary claims. Events occurring or known after the application and the defence. Submission of documents on such extremes.

1. In the hearing, the litigants, without substantially altering their claims or the grounds for them in their pleadings, may make additional claims in relation to the contrary.

2. The parties may also clarify the arguments that they have made and rectify secondary ends of their claims, without altering their grounds.

3. If a party claims to add any ancillary or supplementary requests to those made in its pleadings, such addition shall be admissible if the opposing party is satisfied. If it objects, the court shall decide on the admissibility of the addition, which it shall only agree upon when it understands that its approach to the hearing does not prevent the opposing party from exercising its right of defence on an equal footing.

4. If, after the application or the defence, any event of relevance to substantiate the claims of the parties to the dispute has occurred, or has come to the notice of the previous parties of those characteristics, they may submit it in the hearing.

It will be applicable to the allegation of new or new news as provided for in Article 286 (4).

5. At the hearing, the parties may provide documents and opinions which are justified by reason of the additional claims, corrections, petitions, additions and new facts referred to in the preceding paragraphs of this Article. Article.

The presentation of these documents will be applicable, according to their classes, to the provisions of Articles 267 and 268 of this Law.

6. The court may also require the parties to make the necessary clarifications or clarifications regarding the facts and arguments contained in their pleadings or defence. If such clarifications or clarifications are not made, the court shall warn them that it may have them in accordance with the facts and arguments put forward to the contrary.

Article 427. Position of the parties to the documents and opinions presented.

1. In the hearing, each party shall decide on the documents provided to the contrary until that time, stating whether it admits or challenges them or recognizes or, where appropriate, proposes proof of its authenticity.

2. The parties, if any, shall express what is appropriate to their right to the expert opinions submitted up to that time, admitting them, contradicting them or proposing that they be extended at the ends they determine. They shall also be delivered on the reports which have been provided under Article 265 (1) (5).

3. If the arguments or claims referred to in the first three paragraphs of Article 426 give rise in all or in one of the parties to the need to provide the process with an expert opinion, they may do so within the time limit laid down in the second paragraph of Article 338.

4. In the same case as in the previous paragraph, the parties who attend the hearing, instead of providing the expert's opinion which they are free to appoint, may, at the same hearing, request the appointment by the court of an expert to rule. This application shall be settled in accordance with Section 5 of Chapter VI of Title I of Book II of this Law.

Article 428. Fixing the controversial facts and possible immediate sentence.

1. Where appropriate, the hearing shall continue so that the parties or their defenders, with the court, shall establish the facts on which the litigants are in conformity and disconformity.

2. In view of the object of the dispute, the court may urge the parties or their representatives and their lawyers to reach an agreement to end the dispute. Where appropriate, the provisions of Article 415 of this Law shall apply to the agreement.

3. If the parties do not terminate the dispute by agreement, in accordance with the preceding paragraph, but are in conformity with all the facts and the discrepancy is reduced to a question or legal questions, the court shall give judgment in 20 days from the next to the hearing termination.

Article 429. Proposition and admission of the test. Judgment pointing.

1. If there is no agreement by the parties to terminate the dispute or the facts are in conformity, the hearing will continue for the proposal and admission of the test.

When the court finds that the evidence proposed by the parties may prove insufficient for the clarification of the facts at issue, it shall show the parties indicating the fact or facts which, to their Judgment, could be affected by the evidentiary insufficiency. When carrying out such a demonstration, the court shall, in addition to the evidence of the existence of such evidence, also point out the evidence or evidence which it considers appropriate.

In the case referred to in the preceding paragraph, the parties may complete or amend their test proposals in the light of what the court has stated.

2. Once the relevant and useful evidence has been accepted, the court shall state the date of the trial, which shall be held within one month of the conclusion of the hearing.

3. At the request of a party, where the whole or a large part of the evidence is to be carried out outside the place where the court hearing the case is based, it may be agreed that the trial shall be held within two months.

4. Evidence that is not to be performed at the event of the trial shall be carried out prior to the trial.

5. The parties shall indicate which witnesses and experts undertake to present in the trial and which, on the contrary, must be heard by the court. The summons shall be agreed at the hearing and shall be conducted in good time.

The parties must also point out what statements and interrogations they consider to be carried out through the judicial aid. The court shall decide what is appropriate in that regard and, where it considers it necessary to seek judicial assistance, shall in the event agree to the referral of the relevant appeals, giving the parties a period of three days for the purposes of submitting them, when is required, a list of questions. In any event, failure to complete such exhortations will not suspend the act of judgment.

6. It will not be necessary to quote for the judgment of the parties which, by themselves or through their procurator, have appeared before the previous hearing.

7. Where, by way of exceptional and reasoned opinion, and on the basis of the evidence admitted, it is to be expected that the judgment may not be completed in a single sitting within the prescribed day, the summons shall express it, indicating whether the subsequent session or sessions shall be shall be carried out on the day or days immediately successive or on other days, to be pointed out, with expression in any case of the time when the sessions of the trial are to begin.

8. Where the only evidence to be accepted is that of documents, and those documents have already been brought to the proceedings without being challenged, or where the expert reports have been submitted, neither the parties nor the court shall request the presence of the experts. in the trial for the ratification of his report, the court will proceed to deliver a judgment, without the conclusion of the trial, within twenty days of the end of the hearing.

Article 430. Request for further prosecution of the trial.

If any of those who have come to the proceedings of the trial are unable to attend the trial because of force majeure or any other reason of the same entity, they may request further judgment. This request shall be substantiated and resolved in accordance with Article 183.

CHAPTER III

From The Trial

Article 431. Purpose of judgment.

The trial will have as its object the practice of the evidence of evidence of the parties, testify, oral and contradictory reports of experts, judicial recognition in their case and reproduction of words, images and sounds. Also, once the evidence has been practiced, the judgment will be made in the judgment.

Article 432. Appearance and appearance of the parties.

1. Without prejudice to the personal intervention in the interrogation that would have been admitted, the parties will appear in the trial represented by attorney general and attorney.

2. If none of the parties appears in the judgment, the record shall be lifted and the court shall, without further formalities, declare the case for judgment. If only one of the parties appears, the trial shall be held.

Article 433. Development of the act of judgment.

1. The judgment shall be commenced, in accordance with the provisions of Articles 299 et seq., the evidence admitted, but if the infringement of fundamental rights in the procurement or origin of any evidence has been raised or raised, will first resolve this issue.

In addition, prior to the practice of the evidence, if any facts have been alleged or are alleged to have occurred after the previous hearing, the parties shall be heard and the proposal and admission of evidence provided for in Article 286.

2. The parties shall, in an oral manner, make their findings on the facts at issue, in an orderly, clear and concise manner, if, in their opinion, the relevant facts have been or should be considered to be admitted and, where appropriate, tested or uncertain.

To this end, they will make a brief summary of each of the tests performed on those facts, with detailed remission, if any, to the cars of the trial. If they understood that some fact must be taken by virtue of presumption, they will manifest it, based on their criteria. They may also rely on evidence of the burden of proof on the facts of doubt.

In relation to the outcome of the evidence and the application of the rules on presumptions and burden of proof, each party shall rule on the facts adduced in support of its claims and shall continue with what it relates to the facts. adduced by the opposing party.

3. On the basis of their findings on the facts at issue, each party may report on the legal arguments in support of its claims, which may not be altered at that time.

4. If the court is not sufficiently enlightened on the case with the conclusions and reports provided for in the preceding paragraphs, it may give the parties the floor as many times as it deems necessary for them to report on the questions. to tell you.

CHAPTER IV

From the statement

Article 434. Statement.

1. The sentence will be handed down within twenty days of the termination of the trial.

2. If, within the time limit for giving judgment and in accordance with the provisions of the following Articles, final proceedings are agreed, the time limit for issuing the judgment shall be suspended.

Article 435. Final proceedings. Provenance.

1. Only at the request of a party can the court agree, by order, as final proceedings, the practice of test actions, in accordance with the following rules:

1. No evidence which could have been proposed in time and form by the parties, including those which could have been proposed after the demonstration of the court referred to in paragraph 1, shall be carried out as final proceedings. of Article 429.

2. When, for reasons beyond the party that had proposed it, no evidence has been practiced.

3. The relevant and useful evidence, which relates to new or new facts as provided for in Article 286, shall also be admissible and practised.

2. By way of exception, the court may, on its own initiative or at the request of a party, agree that evidence on relevant facts, in due course, shall be conducted if the previous evidence has not been conducive to the conduct of the proceedings. Circumstances that are already missing and independent of the will and diligence of the parties, provided there are reasonable grounds to believe that the new actions will allow for certainty on those facts.

In this case, in the order in which the practice of the proceedings is agreed, those circumstances and reasons must be expressed in detail.

Article 436. Deadline for the practice of final proceedings. Subsequent statement.

1. The steps to be taken in accordance with the provisions of the preceding articles shall be carried out within the period of 20 days in the form laid down in this Law for the tests of their class. Once practiced, the parties may, within the fifth day, submit written in which they summarize and value the outcome.

2. The period of 20 days for the sentence of the judgment shall be returned to the date of the decision of the parties to submit the letter referred to in the preceding paragraph.

TITLE III

Verbal judgment

Article 437. Form of the demand.

1. The verbal judgment shall be based on succinct demand, in which the particulars and circumstances of identification of the actor and the defendant and the domicile or addresses in which they may be cited shall be entered, and shall be clearly and accurately determined is requested.

2. In the case of verbal judgments in which a quantity not exceeding 150 000 pesetas is claimed, the claimant may make his claim by completing standard forms which, for that purpose, shall be at his disposal in the relevant court.

Article 438. Counterclaim and objective and subjective accumulation of actions.

1. In no case shall counterclaim be admitted in the oral judgments which, according to the law, must be terminated by judgment without the effects of res judicata.

In other verbal judgments only the counterclaim shall be admitted when the actor is notified at least five days before the hearing, does not determine the impropriety of the verbal judgment and there is a connection between the claims of the counterclaim and those that are the subject of the main claim.

2. Where the defendant opposes a compensable claim in the oral proceedings, he shall notify the actor at least five days before the hearing.

If the amount of the compensable credit that the defendant can claim is superior to that determined by the verbal judgment, the court will have for no such claim, thereby warning the defendant, to use his or her the right to the court and the corresponding procedures.

3. The objective accumulation of shares shall not be permitted in verbal judgments, except for the following exceptions:

1. The accumulation of actions based on the same facts, provided that the verbal judgment proceeds in any case.

2. The accumulation of the action of damages and damages to another action that is a reference to it.

3. The accumulation of shares in claims of income or similar amounts due and unpaid, provided that the claim does not exceed 500,000 pesetas, in the case of trials of land eviction for non-payment.

When the amount claimed exceeded that amount, the income and eviction claim actions for non-payment may be accumulated in the ordinary judgment.

4. The actions that one has against a number of persons or several against one may be accumulated provided that the requirements laid down in Article 72 and in Article 73 (1) of this Law are met.

Article 439. Inadmission of the claim in special cases.

1. Claims which seek to retain or regain possession shall not be admissible if the period of one year from the act of disturbance or dispossession is interposed.

2. In the cases referred to in Article 250 (1), the following cases shall not be admissible:

1. º When they do not express the measures that are considered necessary to ensure the effectiveness of the sentence that recesses.

2. No. If, unless the applicant resigns, which shall state in the application, the security which, as provided for in the second subparagraph of Article 64 (2), must be provided by the defendant, shall not be indicated in the present case. to appear and answer, in order to respond to the results which he has received unduly, of the damages which he has incurred and of the costs of the trial.

3. No, if the document is not accompanied by a literal certification of the Land Registry that expressly establishes the validity, without any contradiction, of the seat that legitimizes the plaintiff.

3. Applications for urban land eviction shall not be admissible for non-payment of the rent or sums due by the lessee if the landlord does not indicate the concurrent circumstances which may or may not, in the case of the case, be permitted of the eviction.

4. In the case of Article 250 (1) and Article 250 (1), where the action exercised is based on the failure to comply with a contract for the sale of movable property in instalments, the claims to which the accreditation is not accompanied shall not be admissible. of the order of payment to the debtor, with express diligence of the non-payment and of the non-delivery of the good, in the terms provided for in the second paragraph of article 16 of the Law of Sale to the Pleas of Furniture, as well as certification of the registration of the goods in the Register of Sale to the Plings of Furniture, if it were goods that are susceptible of registration in the same. Where actions based on non-compliance with a leasing contract are exercised, the claims to which the accreditation of the payment order to the debtor is not accompanied, with express diligence of default and of the default, shall not be admissible. does not deliver the goods, in the terms provided for in the third paragraph of the first provision of the Law for the Sale of Goods to Furniture.

5. Nor shall the claims for verbal judgment be admissible where the eligibility requirements are not met, which, for special cases, may lay down the laws.

Article 440. Admission and transfer of the sutape demand and citation for view.

1. The court, within five days, after examination of its jurisdiction and of its objective competence and, where appropriate, territorial jurisdiction, shall order, where appropriate, to order the admission of the claim and its transfer to the defendant and to quote the parties. for the holding of sight, with an indication of day and hour, having to mediate ten days, at least, from the next to the summons and without being able to exceed twenty.

In the citation it will be stated that the view will not be suspended for the inattendance of the defendant and the litigants will be warned that they will contest with the means of proof that they try to be worth, with the prevention that if not The facts of the examination may be considered to be admissible and shall be proposed and admissible, in accordance with the provisions of Article 304. In addition, the applicant and the defendant shall be prevented from appearing in Article 442 if they do not appear in the hearing.

The summons shall also indicate to the parties that within three days of receipt of the summons, the persons who, for not being able to present them themselves, must be indicated by the court in the light of the summons. to declare as parts or witnesses. To this end, they shall provide all the necessary data and circumstances to carry out the summons.

2. In the cases of Article 250 (1) (7), the summons for the hearing shall be issued to the defendant that, in the event of failure to appear, judgment shall be given by agreeing on the proceedings which, for the effectiveness of the registered right, have requested the actor. The defendant shall also be charged, where appropriate, that the same judgment shall be given if he appears to appear in the act of the hearing, but does not provide caution, in the amount which, after hearing him, the court shall determine, within that requested by the actor.

3. In the case of demands for the eviction of an urban property due to a lack of payment of income or due amounts, the court shall indicate, where appropriate, in the summons for the hearing, the possibility of enervating the eviction in accordance with the provisions of paragraph 4 of the Article 22 of this Law. The defendant will also be advised that, if he does not appear at the hearing, the eviction will be declared without further formalities.

Article 441. Pre-view performances, in special cases.

1. If the application is lodged in the case of Article 250 (1) (3), the court shall call the witnesses proposed by the applicant and, in accordance with his declarations, give the order in which he shall refuse or grant, without prejudice to the right of the possession requested, carrying out the actions that you are leading to this effect. The order will be published by edicts, which will be inserted in a visible place of the seat of the court, in the "Official Gazette" of the province and in one of the newspapers of greater circulation in the same, at the expense of the plaintiff, urging the interested parties to appear and to claim, within 40 days, whether they consider having a better right than the claimant.

If no one appears, the complainant will be confirmed in the possession; but if the complainant is to be brought forward, after he has transferred his writings to the complainant, he will be summoned, with all the parties, in view, the actions as set out in the following articles.

2. If the claim is intended to be judicially resolved, with summary character, the suspension of a new work, the court, even before the summons for the hearing, shall immediately direct order of suspension to the owner or manager of the work, which may to offer caution to continue it, as well as the realization of the indispensable works to preserve the already edified. The court may arrange for judicial, expert or joint recognition to be carried out before the hearing.

Caution may be provided in the manner provided for in the second subparagraph of Article 64 (2) of this Law.

3. In the cases referred to in Article 250 (1) (7), the court, as soon as it admits the application, shall take the requested measures which, depending on the circumstances, are necessary to ensure in any event that the judgment is complied with. recayere.

4. In the case of Article 250 (1) No. 10, the court, when admitting the application, shall order the exhibition of the goods to its holder, under the warning of disobeying the judicial authority, and its immediate embargo. preventive, which will be secured by deposit, as provided for in this Law. Where, under the provisions of Article 250 (1) (11), action is exercised based on the failure to comply with a lease or contract for sale in instalments with a reservation of domain, the court shall order, when the demand is accepted, the deposit of the goods whose delivery is claimed. The claimant shall not be required to take such precautionary measures, nor shall it be accepted as opposed to the defendant. No requests for modification or replacement of the measures shall be admissible.

In addition to the provisions of the previous paragraph, the defendant will be placed in the defendant for five days to be in the proceedings, through the attorney general's office, in order to announce his opposition to the lawsuit for any of the reasons provided for. in Article 444 (3). If the defendant leaves the time limit without announcing his opposition, or if he claims to found that he is not within the meaning of Article 444 (3), it shall be issued, without further formalities, in order to determine the claims of the actor.

When the defendant announces his or her opposition to the complaint as provided for in the preceding paragraph, the parties shall be summoned for the hearing and, if the defendant did not attend the hearing without fair cause or attendance, but not (a) to be opposed or intended to be found to be in cause not covered by Article 444 (3), shall, without further formalities, be handed down to the actor. In these cases the defendant will also be fined up to a fifth of the value of the claim, with a minimum of 30,000 pesetas.

Against the judgment given in the cases of absence of opposition referred to in the previous two paragraphs, no recourse shall be given.

Article 442. Inattendance of the parts in the view.

1. If the plaintiff does not attend the hearing, and the defendant does not claim legitimate interest in the continuation of the proceedings for the judgment to be given on the merits, he shall be held in the act of withdrawal to that of the application, the costs shall be imposed on him. caused and will be ordered to indemnify the defendant, if he so requests, and will prove the damages suffered.

2. The defendant who does not appear shall be declared in absentia and, without re-quoting him, his course shall continue.

Article 443. View development.

1. The hearing shall begin with the applicant's exposure to the grounds of what he asks for or ratification of the conditions set out in the application if it has been formulated in accordance with the provisions of the ordinary judgment.

2. The defendant may, then, make the arguments which he or she is entitled to agree, starting, where appropriate, on matters relating to the accumulation of actions which he considers inadmissible, and any other fact or circumstance which he may obstinate the valid prosecution and ended the process by statement on the bottom.

The defendant may not contest at this time the lack of jurisdiction or jurisdiction of the court, which had to be proposed in the form of a declinatory in accordance with the provisions of Article 64 of this Law, without prejudice to the provisions of this Law. on an ex officio assessment by the court of its lack of jurisdiction or jurisdiction.

3. Having heard the complainant on the questions referred to in the previous paragraph, as well as those which I consider it necessary to propose concerning the personality and representation of the defendant, the court shall decide what is appropriate and whether it is necessary to continue the judgment, the defendant may request the record of his/her disagreement for the purposes of appealing against the judgment which ultimately falls on him.

4. If the procedural questions referred to in the preceding paragraphs are not raised or if the court is to be resolved, the parties shall be given the floor to set out clearly the relevant facts in which they are referred to. They are based on their claims If there is no agreement on them, the evidence shall be proposed and, after admission to those which are not relevant or useless, shall be followed.

The test proposal of the parties may be completed in accordance with the provisions of Article 429 (1).

Article 444. Special rules on view content.

1. Where the recovery of farm, rustic or urban property, given in lease, is sought in the verbal judgment, due to non-payment of the income or amount assimilated, the defendant shall be allowed to plead and prove the payment or the circumstances relating to the provenance of the energy.

2. In the cases referred to in Article 250 (1) or (1), the defendant may object to the application only if, where appropriate, he provides the security determined by the court in any of the forms referred to in the second subparagraph of paragraph 2 of the Article 64 of this Act.

The defendant's opposition may only be based on any of the following:

1. º Falsehood of the certification of the Registry or omission in it of rights or conditions inscribed, which detracts from the action exercised.

2. º Poseer the defendant the estate or enjoy the right discussed by contract or other any direct legal relationship with the last holder or with previous holders or by virtue of prescription, provided that it must be prejudicial to the registered holder.

3. º that the property or the right are registered in favor of the defendant and thus justify it by submitting certification of the Register of the Accredited Property of the validity of the registration.

4. No. It is not the registered estate that effectively owns the defendant.

3. In the case of Article 250 (1) and Article 250 (1), the defendant's opposition may be based only on one of the following reasons:

1. No jurisdiction or jurisdiction of the court.

2. Documented Payment Documented.

3. Inexistence or lack of validity of your consent, including the untruth of the signature.

4. Th Falsehood of the document in which the contract is formalized.

Article 445. Proof and presumptions in verbal judgments.

In terms of testing and presumptions, it shall apply to verbal judgments as set out in Chapters V and VI of Title I of this Book.

Article 446. Resolutions on testing and resources.

Against the decisions of the court on inadmissibility of evidence or on admission of which will be denounced as obtained with violation of fundamental rights, the parties may formulate protest in order to assert their rights in the second instance.

Article 447. Judgment. Absence of res judicata in special cases.

1. If the evidence has been proposed and admitted or exposed, in another case, the arguments of the parties, the hearing shall be terminated and the court shall give judgment within the next 10 days.

2. The judgments which end the oral judgments on the summary protection of possession, those which decide on the claim of eviction or recovery of land, rustic or urban, given on tenancy, shall not produce effects of res judicata of rent or rent, and on other claims of guardianship that this Law qualifies as summary.

3. It shall also have the effect of res judicata for judgments delivered in the oral proceedings in which the effectiveness of the actual rights entered in the proceedings is sought against those who oppose them or disturb their exercise, without having the right to registered.

4. The judicial decisions to which, in certain cases, the laws may not have such effects, shall not have the effect of res judicata.

TITLE IV

Of the resources

CHAPTER I

From resources: general provisions

Article 448. Of the right to appeal.

1. The parties may, in the case of judgments which adversely affect them, bring the resources provided for in the law.

2. The time limits for recourse shall be counted from the day following that of the notification of the decision to be made, or, where appropriate, to the notification of its clarification or the refusal of the decision.

Article 449. Right to appeal in special cases.

1. In cases where the launch is carried out, the defendant shall not be admitted to appeals, extraordinary for procedural infringement or appeal if, when preparing them, he does not state, by writing, that he is satisfied with the income expired and those under the contract must pay pre-empties.

2. Appeals, extraordinary for procedural infringement or appeal, as referred to in the preceding paragraph, shall be declared to be deserts, irrespective of the state in which they are found, if during the substantiation of the same the appellant I will stop paying the deadlines that they sell or the ones that I must bring forward. The lessee may advance or record the payment of several non-expired periods, which shall be subject to settlement once the judgment is signed. In any event, the payment of such amounts shall not be deemed to be the novation of the contract.

3. In the proceedings in which the conviction is sought to indemnify the damages resulting from the movement of motor vehicles, the person sentenced to pay the compensation shall not be admitted to the appeal, extraordinary for a procedural offence or If, in preparing them, it does not prove to have constituted a deposit of the amount of the sentence plus the interest and surcharges payable in the establishment for that purpose. Such a deposit shall not, where appropriate, prevent the provisional execution of the judgment given.

4. In the cases where the payment of the sums due by an owner to the community of neighbours is sought, the appeal shall not be admissible, extraordinary for a procedural offence or an appeal if, in preparing them, it does not is satisfied that the amount of liquid to which the judgment is ordered is satisfied or entered. The entry of the quantity shall not, where appropriate, prevent the provisional execution of the judgment given.

5. The deposit or entry required in the preceding paragraphs may also be made by means of a solidarity guarantee of indefinite duration and payable at the first request issued by a credit institution or a mutual guarantee company or by any other the court, which, in the judgment of the court, ensures the immediate availability, where appropriate, of the amount entered or deposited.

6. In the cases of the preceding paragraphs, before rejecting or declaring the resources to be deserted, the provisions of Article 231 of this Law shall be provided where the appellant has indicated his willingness to pay, to deposit, deposit or endorse the amounts, but does not certify, to the satisfaction of the court, compliance with such requirements.

Article 450. Of the withdrawal of the resources.

1. Any appellant may withdraw from the appeal before the decision is taken.

2. If, in the event of several recurring ones, only some or some of them desist, the contested decision will not be firm by virtue of the withdrawal, but the claims of impeachment that are exclusive of those who are exclusive will be abandoned. You have given up.

CHAPTER II

From the replenishment resource

Article 451. Decisions on appeal. No suspensive effects.

Against all the non-final orders and orders issued by any civil court, it shall be the right of a replacement to the same court that issued the judgment under appeal, without prejudice to which the agreement shall take effect.

Article 452. Deadline, form and inadmission.

The replenishment facility must be brought within five days, with the infringement being expressed in the case that the decision has been taken by the appellant.

If these two requirements are not met, the replacement shall be inadmissible, without further recourse.

Article 453. From the hearing to the parties under appeal and to the resolution.

1. When the replacement is processed, the other parties shall be granted a common period of five days to contest it, if they consider it appropriate.

2. After the period of impeachment, whether written or not, the court shall decide without further formalities, by order, within a period of five days.

Article 454. The self-use of the car that resolves the replacement.

Except for cases where the complaint is lodged, against the order for the replacement of the remedy, no recourse shall be made, without prejudice to the reproduction of the subject matter of the replacement, if appropriate, the final resolution.

CHAPTER III

The appeal and the second instance resource

SECTION 1 OF THE APPEAL AND THE SECOND INSTANCE: GENERAL PROVISIONS

Article 455. Decisions on appeal on appeal. Competition and preferential processing.

1. The judgments handed down in all manner of judgment, the final orders and those other than the law expressly point out, shall be appealed within five days.

2. You will learn about the appeal resources:

1. The Courts of First Instance, when the appealable resolutions have been handed down by the Peace Courts of their party.

2. The Provincial Hearings, when the appellable resolutions have been handed down by the Courts of First Instance of his constituency.

3. Legal appeals against cars that do not admit claims for lack of requirements that the law requires for special cases will be handled preferably.

Article 456. Scope and effects of the appeal.

1. By virtue of the appeal, it may be pursued, in accordance with the factual and legal grounds of the order sought before the court of first instance, that a order or judgment be revoked and that, instead, another or other favourable to the appellant, by re-examination of the proceedings brought before that court and in accordance with the evidence which, in the cases provided for in this Law, is carried out before the court of appeal.

2. The appeal against the desestimatories of the lawsuit and against cars that end the process will lack suspensory effects, without, in any case, proceeding to the contrary to what would have been resolved.

3. The case-law of the application, against which the appeal is lodged, shall, according to the nature and content of its pronouncements, have the effectiveness laid down in Title II of Book III of this Law.

SECTION 2 OF THE APPEAL SUBSTANTIATION

Article 457. Preparing the appeal.

1. The appeal shall be prepared before the court which has issued the judgment which is contested within five days from the day following the notification of that decision.

2. In the preparation document, the appellant will limit himself to citing the appealed resolution and to express his will to appeal with expression of the pronouncements that he challenges.

3. If the contested decision is appealing and the appeal has been prepared within a period of time, the court shall have prepared the appeal and shall place the appellant on the appeal for 20 days to bring it in accordance with the provisions of the Articles 458 et seq.

4. If the conditions referred to in the previous paragraph are not fulfilled in respect of the preparation of the appeal, the court shall order the action to be refused. Only the complaint can be brought against this order.

5. Against the providence in which the appeal is prepared, no recourse shall be made, but the contested party may plead the inadmissibility of the appeal in the proceedings of opposition to the appeal referred to in Article 461 of this Law.

Article 458. Interposition of the resource.

1. Within the time limit laid down in the preceding article, the appellant shall bring the appeal before the court which has issued the judgment under appeal. Such an appeal shall be made by means of a written statement setting out the arguments on which the challenge is based.

2. If the appellant fails to submit the letter of interposition within the time limit, the appeal shall be declared to be deserted and the judgment under appeal shall be signed. The decision declaring a deserted appeal shall impose on the appellant the costs incurred, if any.

Article 459. Appeal for infringement of procedural rules or guarantees.

An infringement of rules or procedural guarantees in the first instance may be alleged in the appeal. Where this is the case, the statement of interposition must cite the rules which are deemed to be infringed and, where appropriate, plead the indefencelessness suffered. The appellant must also prove that he promptly denounced the infringement, if he had a procedural opportunity to do so.

Article 460. Documents which may be attached to the interposition document. Test request.

1. Only documents which are in one of the cases provided for in Article 270 and which have not been able to be provided in the first instance may be accompanied in writing.

2. In the case of interposition, the following tests may also be applied for in the second instance:

1. Those that have been unduly denied in the first instance, provided that the refusals of the refusals resolution have been attempted or the appropriate protest has been made in the view.

2. The proposals and accepted in the first instance that, for any cause not attributable to the one that had been requested, could not have been practiced, not even as final proceedings.

3. Those Relating to facts of relevance to the decision of the court of law that occurred after the beginning of the time limit for giving judgment in the first instance or before that term, provided that, in the latter case, the justifies that you have been aware of them later.

3. The defendant declared in absentia that, for any cause which is not imputable to him, he has been personified in the cars after the moment established to propose the test in the first instance may ask in the second one to practice all that It suits your right.

Article 461. Transfer of the letter of interposition to the appealed party. Opposition to the appeal and challenge of the judgment.

1. The appeal shall be brought to the other parties, for a period of 10 days before the court which issued the decision appealed, in writing of opposition to the appeal or, where appropriate, of challenge to the appeal. the resolution appealed in what is unfavourable to you.

2. The letters of opposition to the appeal and, where appropriate, of challenge to the judgment by whom it has not initially appealed, shall be drawn up in accordance with the provisions of the written procedure.

3. The documents may be accompanied and the evidence requested by the party or parties deemed necessary, in accordance with the provisions of the foregoing Article, as well as the arguments which are deemed appropriate on the admissibility of the the documents provided and the evidence proposed by the appellant.

4. Of the articles of impeachment referred to in paragraphs 1 and 2 of this Article, the principal appellant shall be transferred, so that, within ten days, he shall state what he has to do.

Article 462. Jurisdiction of the court of first instance during the appeal.

During the substantiation of the appeal, the jurisdiction of the court that has issued the contested decision shall be limited to the proceedings relating to the provisional execution of the appeal.

Article 463. Referral of the cars.

1. The appeal proceedings and, where appropriate, the letters of objection or objection, the court which has issued the appeal shall order the transfer of the file to the court competent to resolve the appeal; but if the appeal is not the provisional execution has been requested, shall bear witness to the need for such execution.

2. Where the provisional execution is requested after the orders have been submitted to the court competent to resolve the appeal, the applicant shall obtain in advance of this evidence of what is necessary for the execution.

Article 464. Test intake and view pointing.

1. If the file is received by the court which has to resolve the appeal, if new documents or proposed evidence have been produced, it shall be agreed upon its admission within ten days. If evidence is to be carried out, the same decision as to be admissible shall be marked for the hearing, which shall take place within the following month, in accordance with the provisions of the oral judgment.

2. If no evidence has been proposed or if the entire proposal has been inadmissible, it may also be agreed, by means of providence, that the holding of the hearing shall be held whenever it has been requested by one of the parties or the court considers it necessary.

Article 465. Appeal statement.

1. The court will rule on the appeal within ten days of the termination of the hearing. If no hearing has been held, the judgment shall be given within one month from the day following that in which the orders were received in the court competent for the appeal.

2. If the alleged procedural infringement had been committed in the judgment in the first instance, the court of appeal, after revoking the judgment appealed, shall decide on the matter or issues which were the subject of the proceedings.

3. Where the provisions of the preceding paragraph of this Article and the procedural infringement are not applicable to those resulting in the radical nullity of the proceedings or part of them, the court shall so declare by providence, replacing them in the state where they were found when the infringement was committed.

No declaration of invalidity of proceedings, if the procedural defect or defect may be remedied in the second instance, for which the court shall grant a period of not more than ten days, unless the vice is apparent in the sight and be subsable in the act. Produced the remedy and, if appropriate, heard the parties and practiced the admissible test, the court of appeal will dictate judgment on the question or issues object of the litigation.

4. The judgment in appeal shall be made exclusively on the points and questions raised in the appeal and, where appropriate, in the letters of objection or objection referred to in Article 461. The judgment may not prejudice the appellant, unless the prejudice stems from the assessment of the challenge of the decision in question, formulated by the appellant initially.

Article 466. Resources against the second instance statement.

1. Against judgments handed down by the Provincial Hearings in the second instance of any kind of civil proceedings, the parties may be entitled to opt for an extraordinary appeal for a procedural infringement or an appeal.

2. If the two resources referred to in the preceding paragraph are prepared by the same party and against the same decision, the appeal shall be inadmissible.

3. Where the various litigants of the same process choose, each of them, for a different kind of extraordinary resource, the provisions of Article 488 of this Law shall be provided.

Article 467. Appeal against judgments handed down by the Provincial Hearings after an extraordinary appeal for procedural infringement.

Notwithstanding the provisions of the previous article, against the judgments handed down by the Provincial Hearings as a result of an extraordinary appeal for a procedural infringement, this appeal will not be accepted again. extraordinary if it was not founded on different infringements and issues than was the subject of the first appeal.

CHAPTER IV

The Extraordinary Resource for Procedural Infringement

Article 468. Competent body and decisions on appeal.

The Civil and Criminal Chambers of the Supreme Courts will know, as Salas de lo Civil, of the resources for procedural infraction against sentences and orders issued by the Provincial Hearings that end the second instance.

Article 469. Reasons. Prereporting on the instance.

1. The extraordinary remedy for procedural infringement may be based only on the following grounds:

1. Infraction of the rules on jurisdiction and objective or functional competence.

2. º Infraction of the regulatory procedural rules of the statement.

3. Infraction of the legal norms governing the acts and guarantees of the process when the infringement will determine the nullity according to the law or have been able to produce defenseless.

4. "Vulneration", in the civil process, of fundamental rights recognized in article 24 of the Constitution.

2. An extraordinary appeal shall be made only for a procedural infringement where, if possible, that or the infringement of Article 24 of the Constitution has been denounced in the instance and where, if it has been produced in the first instance, the complaint is reproduced in the second instance. In addition, if the violation of fundamental right has occurred or there is a subsable defect, the remedy must have been requested in the appropriate instance or instances.

Article 470. Preparation.

1. The extraordinary remedy for procedural infringement shall be prepared in writing before the court which has delivered the judgment or order within five days of its notification.

2. The Court shall, in writing of the preparation of the appeal and after the time limits available to all the parties to prepare the extraordinary appeal for procedural infringement, be prepared by the court provided that the decision is subject to appeal, any of the grounds referred to in Article 469 and, where appropriate, have been carried out in accordance with paragraph 2 of that Article.

3. If the written preparation fails to comply with the requirements laid down in paragraph 2 of this Article, the court shall decide to refuse the extraordinary appeal. This order may only be filed against this order.

4. Against the providence in which the extraordinary remedy for procedural infringement is prepared, the contested party may not bring any action, but may object to the admission of the extraordinary remedy for a procedural infringement to the appear before the High Court of Justice.

Article 471. Interposition.

Within 20 days of the date of the preparation of the appeal, the appeal must be lodged with the court which has given the judgment under appeal, in writing of the extraordinary appeal by the Court of Justice. procedural infringement, in which the offence or infringement committed is reasoned, expressing, where appropriate, how they influenced the outcome of the proceedings.

In the interposition document, it may also be possible to request the practice of any evidence deemed necessary to prove the infringement or violation produced, as well as the celebration of sight.

By the end of the period for bringing the action without having lodged the application, the appeal shall be declared deserted and the appellant shall be sentenced to the costs which it may have caused.

Article 472. Referral of the cars.

The letter of interposition shall be lodged within five days after all the original orders referred to in Article 468 have been sent to the Chamber, without prejudice to the fact that, when a litigant or litigants other than the the appellants for a procedural infringement had prepared an appeal against the same judgment, they must be sent to the Chamber responsible for the appeal of the judgment and the individuals whom the appellant is interested in, by making an express notice of having prepared an extraordinary appeal for a procedural infringement, effects of the provisions of Article 488 of this Law.

Article 473. Admission.

1. When the Court has received the orders, the proceedings shall be passed to the Judge-Rapporteur in order to be instructed and to submit to the Court's deliberation what is to be resolved on the admission or inadmissibility of the extraordinary action for infringement. procedural.

2. The extraordinary remedy for procedural infringement shall be inadmissible in the following cases:

1. If, however, the appeal has been prepared, the absence of the requirements laid down in Articles 467, 468 and 469 shall be assessed in this way.

2. º If the resource is manifestly unfounded.

The Chamber, before resolving, shall reveal the possible cause of inadmissibility of the appeal to the parties concerned, so that, within ten days, they shall make the arguments they consider to be from them.

If the Chamber understands that there are any causes of inadmission, it will dictate to order the inadmissibility of the appeal and the firmness of the judgment under appeal. If the cause of admission does not affect more than one of the alleged offences, it shall also resolve by order to admit the appeal against the other that the appeal claims.

3. No action shall be taken against the order to settle the admission of the extraordinary remedy for procedural infringement.

Article 474. Opposition of the parties under appeal.

Admitted, in whole or in part, to the extraordinary remedy for procedural infringement, a copy of the letter of interposition shall be given to the party or parties under appeal and persons to formalise in writing their opposition within the Twenty days. During that period, the actions at the Secretariat shall be evident.

In the notice of opposition, the grounds for inadmissibility of the appeal which are considered to be existing and which have not already been rejected by the court may also be invoked, requesting the evidence to be considered essential and asking for the celebration of view.

Article 475. View and test.

1. After the period referred to in the preceding article, the letters of opposition have been filed or not, the Chamber shall, by means of providence, indicate within the following 30 days, day and time for the holding of the hearing or, where appropriate, for the voting and failure of the extraordinary appeal for procedural infringement.

2. If the practice of any evidence has been requested and accepted, or if the Chamber, on its own initiative or at the request of a party, considers it appropriate for the best imparting of justice, in the extraordinary resource, it shall be agreed that it shall be held, which shall begin with the report of the recurring party, and then proceed to that of the contested party. If several recurring parties are involved, the order of the appeals, and the parties under appeal, shall be placed on the order of the hearings.

3. The practice of testing shall be governed by the provisions of the law for the hearing of verbal judgments.

Article 476. Judgment. Effects.

1. The Chamber shall give judgment within 20 days of the end of the hearing, or the judgment for the vote and judgment.

2. If the action has been founded on the infringement of the rules on jurisdiction or objective or functional competence, it shall be examined and decided on in the first place.

If the lack of jurisdiction or objective jurisdiction has been denounced and the appeal is given, the Chamber shall marry the contested decision, with the exception of the right of the parties to exercise the claims before whom corresponds.

If the appeal had been brought against a judgment confirming or declaring a lack of jurisdiction or jurisdiction, and the Chamber considers it, after the marriage of the judgment, it shall order the court to initiate or pursue the knowledge of the case, except that the lack of jurisdiction would have been wrongly estimated once the application has been answered and the evidence has been carried out, in which case the court in question shall be ordered to settle on the merits of the case.

In all other cases, the Board of Appeal shall annul the decision under appeal and order that the proceedings be brought back to the state and the moment at which the proceedings are brought before the Court of First Instance. incurred in the violation or violation.

3. If the Chamber does not consider any of the reasons alleged, it shall dismiss the action and return the proceedings to the court from which it comes.

4. Against the judgment which resolves the extraordinary remedy for procedural infringement, no recourse shall be made, except as provided for in the appeal in the interest of the law before the Civil Chamber of the Supreme Court.

CHAPTER V

From the appeal

Article 477. Reason for the appeal and decisions on appeal.

1. The appeal must be founded, as the sole ground, in the infringement of applicable rules to resolve the issues which are the subject of the proceedings.

2. The judgments given in the second instance by the Provincial Hearings shall be brought to an appeal in the following cases:

1. When they will be issued for the civil judicial protection of fundamental rights, except those recognized in Article 24 of the Constitution.

2. º When the amount of the case exceeds 25 million pesetas.

3. º When resolution of the resource present is a case.

3. An appeal shall be deemed to be of a casational interest where the judgment under appeal is contrary to the case-law of the Supreme Court or resolves points and questions on which there is a contradictory case-law of the hearings. Provincial or apply rules that do not take more than five years in force, provided that, in the latter case, there is no case-law of the Supreme Court concerning previous rules of equal or similar content.

In the case of appeals from which a High Court of Justice is to be heard, it is understood that there is also a case where the judgment under appeal is opposed to a case-law or does not exist Higher Court doctrine on rules of special law of the Autonomous Community.

Article 478. Competition. Resource concurrency.

1. The knowledge of the appeal, in civil matters, corresponds to the First Chamber of the Supreme Court.

However, it will be up to the Civil and Criminal Chambers of the Supreme Courts of Justice to know of the appeals against the decisions of the civil courts based in the Autonomous Community, provided that the appeal is founded solely or together with other reasons in breach of the rules of civil law, foral or special Community law, and where the relevant Autonomy Statute has provided for such attribution.

2. When the same party prepares appeals against the same judgment before the Supreme Court and before the High Court of Justice, it shall be, by means of providence, not presented the first of them, as soon as it is established. circumstance.

Article 479. Preparing the resource.

1. The appeal shall be prepared in writing before the court which has given the judgment, within five days of its notification.

2. If it is intended to make use of the judgment provided for in Article 477 (2) or Article 1 (2), the preparation shall be limited to a summary of the infringement of the fundamental right to which it is deemed to have been committed.

3. Where a judgment is sought in accordance with Article 477 (2) or Article 2 (2), the preparation document shall indicate only the legal infringement which is deemed to have been committed.

4. Where a judgment is sought under the provisions of Article 477 (2) or (2), the written preparation shall, in addition to the legal infringement which it is deemed to have committed, express the judgments of the Court of Justice of the European Union. manifest the case-law or contradictory case-law in which the casational interest is founded.

Article 480. Resolution on the preparation of the resource.

1. If the appeal or appeals which have been prepared comply with the conditions laid down in the preceding article, the court shall have them prepared. If the requirements are not met, he shall order the appeal. This order may only be filed against this order.

2. Against the providence in which the appeal is prepared, the contested party may not bring any action, but may oppose the admission of the appeal when it is brought before the court of appeal.

Article 481. Interposition of the resource.

1. Within 20 days of the date of the preparation of the appeal, the appeal shall be lodged with the court which has given the judgment under appeal, in which it shall be set out, with the necessary extension, its foundations and you will be able to ask for the celebration of sight.

2. The statement of interposition shall be accompanied by a certificate of the contested judgment and, where appropriate, the text of the judgments to be taken as the basis of the case.

3. In its case, in addition to the appeal, in the letter of interposition, it must be stated in a reasonable manner how much it relates to the time of validity of the rule and the non-existence of legal doctrine relating to the rule that is deemed to be in violation.

4. After the period for bringing the appeal without having been lodged, the appeal shall be declared to be deserted and the costs incurred shall be imposed on the appellant, if any.

Article 482. Referral of the cars. Refusal to issue certifications.

1. In the case of an application lodged in the court, all the original orders shall be sent to the court competent to hear the appeal.

2. If the appellant has not been able to obtain the certification of the judgment referred to in Article 481, the orders referred to in the preceding paragraph shall be made. The refusal or resistance to issue the certificate shall be corrected by disciplinary action and, if necessary, the Chamber of Appeal shall request them from the court or tribunal to be issued.

Article 483. Decision on the admission of the resource.

1. When the orders are received in the court, the proceedings shall be passed to the Judge-Rapporteur in order to be instructed and subject to the deliberation of the Chamber to be settled on the admission or inadmissibility of the appeal.

2. The appeal shall be inadmissible:

1. º If, despite the preparation of the appeal, the appeal is inadmissible, because the judgment or any defect in a non-subsable manner in which the preparation was incurred is not possible.

2. º If the written application of the appeal does not comply with the requirements laid down, for the various cases, in this Law.

3. º If the case does not reach the required amount, or there will be no case-law for non-existence of opposition to the case-law, for lack of contradictory case-law or if the rule that is intended to be infringed in force for more than five years or, in the case of the Chamber, there is a Supreme Court case-law of the Supreme Court or a previous one of equal or similar content.

The appeal in the cases of the second subparagraph of Article 477 (3) shall also be inadmissible where the High Court of Justice considers that it has laid down a doctrine on the rule discussed or on the other previous content equal to or similar.

3. The Chamber shall, before it has been resolved, make clear by providence the possible cause of the appeal to the parties to be inadmissible so that, within 10 days, the arguments put forward by it shall be made.

4. If the Chamber understands that any of the causes of inadmissibility are present, it shall state that the appeal and the determination of the judgment under appeal shall be inadmissible. If the cause of admission does not affect more than one of the alleged offences, it shall also resolve by order to admit the appeal against the other that the appeal claims.

5. No appeal shall be made against the order to be taken on the admission of the appeal.

Article 484. Decision on competition in the process of admission.

1. In the case of admission referred to in the preceding Article, the Chamber shall examine its jurisdiction to hear the appeal, before deciding on the admissibility of the appeal. If it is not considered competent, it shall, after hearing the parties for 10 days, agree to the referral of the proceedings and the siting of the parties to appear before the Chamber which is deemed competent within 10 days.

2. In the case referred to in the preceding paragraph, the proceedings and persons before the Chamber which have been deemed competent shall continue the substance of the appeal from the admission procedure.

3. The Chambers of the High Courts of Justice may not decline their jurisdiction to hear of the appeals which have been referred to them by the First Chamber of the Supreme Court.

Article 485. Admission and transfer to other parties.

Admitted to the appeal, the document shall be moved from the interposition, with its accompanying documents, to the party or parties under appeal, to formalise its opposition in writing within 20 days and to state whether or not it is necessary. consider the view necessary.

In the notice of opposition, the grounds for inadmissibility of the appeal which are considered to be existing and which have not already been rejected by the Court may also be invoked.

Article 486. Voting and ruling. Eventual view.

1. On the expiry of the period referred to in the preceding Article, whether or not the letters of opposition have been lodged, the Chamber shall, by means of providence, indicate within the following 30 days, day and time for the holding of the hearing or, where appropriate, the voting and failure of the appeal.

2. The court shall decide what it considers appropriate for the best imparting of justice in relation to the holding of hearing, which shall in any event be held if it is requested by all parties and shall commence with the report of the appellant, for then proceed to that of the contested party. If several recurring parties are involved, the order of the appeals, and the parties under appeal, shall be placed on the order of the hearings.

Article 487. Judgment. Effects.

1. The Chamber shall give judgment on the appeal within 20 days of the end of the hearing, or the one for the vote and the judgment.

2. If the appeals provided for in Article 477 (2) (2) and (2) are dealt with, the judgment terminating the appeal shall confirm or marry, in whole or in part, the judgment under appeal.

3. Where the appeal is provided for in Article 477 (2) or Article 3 (2), if the judgment is deemed to be based on the appeal, it shall marry the contested decision and decide on the case, stating what is the case according to the terms in which the opposition to the case-law has occurred or the contradiction or divergence of case-law.

The statements of the judgment in any case shall in no way affect the legal situations created by the judgments, other than the contested judgment, which have been invoked.

Article 488. Substantiation and decision of appeals and extraordinary proceedings for procedural infringement, where litigants of the same dispute opt for a different extraordinary appeal.

1. Where different litigants of the same process choose, each of them, for a different extraordinary appeal, the one which is a procedural infringement shall be substantiated by the competent court with a preference to the appeal, the processing of which, without However, it will be started and will continue until its admission is decided, remaining on hold.

2. If the judgment in the proceedings is wholly dismissed for infringement proceedings, the court having jurisdiction shall be immediately informed of the appeal, its suspension shall be immediately lifted and the appeal shall be dealt with in accordance with the provisions of the present chapter.

3. If the extraordinary remedy for procedural infringement is considered, the appeal lodged shall be without effect, without prejudice to the provisions of Article 467 of this Law.

Article 489. Substantiation and decision of appeals foral and extraordinary for procedural infraction, when litigants of the same lawsuit opt for different extraordinary appeal.

When different litigants of the same process choose, each of them, for different extraordinary resource, one for procedural infringement and one for violation of the rules of civil law foral or special own of a Community Stand alone, both resources will be substantiated and decided on a single piece, resolving the Chamber in a single judgment, bearing in mind that it can only rule on the appeal if it does not consider the extraordinary infringement procedural.

CHAPTER VI

Of the resource in the interest of the law

Article 490. Actionable resolutions in the interest of the law.

1. An appeal may be brought in the interest of the law, for the unit of legal doctrine, in respect of judgments that resolve extraordinary appeals for infringement of procedural law when the Civil and Criminal Chambers of the High Courts of Justice held dissenting criteria on the interpretation of procedural rules.

2. The appeal shall not be brought in the interest of the law against judgments under appeal to the Constitutional Court.

Article 491. Legitimization to appeal in the interest of the law.

The Public Prosecutor and the Ombudsman will be able to use the law in the interests of the law. Legal persons governed by public law may also bring this action, for the activities they carry out and the functions they have attributed to them, in relation to the procedural questions on which the appeal is to be found, legitimate in the case-law unit on these issues.

Article 492. Interposition and substantiation.

1. The resources in the interest of the law will be brought in, within one year of the most modern sentence, directly before the Civil Court of the Supreme Court.

2. The following documents shall be accompanied in writing of the appeal in the interest of the law:

1. The certified copy or testimony of the resolutions that reveal the discrepancy to be raised.

2. Certification issued by the Constitutional Court, which shows that, after the deadline for recourse under protection, no such appeal has been filed against any of the alleged statements.

3. The document or letters of interposition, with the documents annexed thereto, shall be forwarded to those who have been personified as parties to the proceedings in which the judgments which are the subject of the appeal have fallen, so that, within 20 days, they may be make claims by expressing the legal criteria that they consider to be most well-founded.

Article 493. Statement.

The judgment given in the proceedings in the interest of the law shall, in any event, respect the particular legal situations arising from the statements alleged and, where it is an estimate, the doctrine shall be fixed in the judgment. Case-law In this case, it will be published in the "Official Gazette of the State" and, on the basis of its insertion into it, it will complement the legal order, linking in such a concept to all the Judges and courts of the civil jurisdictional order different to the Court Supreme.

CHAPTER VII

From the complaint resource

Article 494. Actionable resolutions in complaint.

Against the orders in which the court which has issued the judgment shall refuse to pursue an appeal, which is extraordinary for a procedural or an appeal, a complaint may be brought before the body to which it is to resolve the non-processed resource. The complaint resources will be processed and resolved on a preferential basis.

Article 495. Substantiation and decision.

1. The complaint will be prepared by asking, within the fifth day, replacement of the order used, and in the case of not estimating it, testimony of both resolutions.

2. If the court does not give rise to the replacement, it shall at the same time provide that, within the following five days, that testimony be provided to the party concerned, by crediting the Secretary-Judicial, following the latter, with the date of delivery.

3. Within 10 days of the date of delivery of the testimony, the party who has requested it shall submit the complaint to the competent body, giving the evidence obtained.

4. Presented in time the appeal with the testimony, the court will rule on it within five days.

If you consider the handling of the appeal to be well denied, you will send it to the relevant court, for the record in the cars. If the case is rejected, you will order the court to proceed with the procedure.

5. No appeal will be given against the car that resolves the complaint resource.

TITLE V

Of the rebellion and the rescission of firm sentences and new hearing of the rebel defendant

Article 496. Statement of rebellion and effects.

1. A defendant who does not appear in a form on the date or within the time limit specified in the summons or placement shall be declared in absentia.

2. The statement of rebellion shall not be considered as a raid or as an admission of the facts of the claim, except where the law expressly provides otherwise.

Article 497. Notification regime.

1. The decision declaring the default shall be notified to the defendant by post, if his address is known and, if not, by means of edicts. This notification shall not be carried out any other, except that of the resolution terminating the process.

2. The judgment or resolution terminating the proceedings shall be notified to the defendant in person in the manner provided for in Article 161 of this Law. But if the defendant is found to be in unknown whereabouts, the notification shall be made by means of an edict, which shall be published in the "Official Gazette of the Autonomous Community" or in the "Official Gazette of the State".

The same shall apply for judgments handed down on appeal, on an extraordinary appeal for procedural infringement or on appeal.

Article 498. Communication of the existence of the process to the rebel respondent cited or placed by edicts.

The rebel defendant who, because he has no known address or whereabouts, has been summoned or placed to be a person by means of edicts, will be informed of the pendency of the process, either on his own initiative or at the request of the any of the parties involved, as soon as the notice of the place where the communication can be made is made.

Article 499. Subsequent appearance of the defendant.

Whatever the status of the process in which the rebel respondent appears, the substantiation shall be understood, without it being able to recede in any case.

Article 500. Exercise by the rebellious respondent of ordinary resources.

The rebel defendant to whom the judgment has been personally notified may only use the appeal against it, and the extraordinary one for procedural or other infringement, where it comes, if it is brought before it. within the legal period.

The same resources may be used by the rebel defendant to whom the judgment has not been personally notified, but in this case, the time limit for interposing them will be counted from the day following the publication of the edict notification of the judgment in the "Official State Bulletins", of the Autonomous Community or of the province.

Article 501. Termination of a firm sentence at the behest of the rebel. Cases where appropriate.

Defendants who have remained constantly in absentia may claim, from the court that they have issued it, the termination of the final judgment in the following cases:

1. Unbroken force majeure, which prevented the rebel from appearing at all times, even if he had been aware of the suit for having been summoned or placed in shape.

2. A lack of knowledge of the lawsuit and the lawsuit, when the summons or placement was practiced by a cedula, within the meaning of Article 161, but it would not have come to the power of the rebel defendant because it is not imputable.

3. Unaware of the complaint and the lawsuit, when the rebel defendant has been summoned or placed by edicts and has been absent from the place where the process and any other place of the State or of the The Autonomous Community, in whose Official Bulletins, would have been published.

Article 502. Expiration times for the rescission action.

1. The termination of a final judgment at the request of the rebel defendant shall proceed only if it is requested within the following time limits:

1. 20 days from the notification of the final judgment, if such notification has been carried out in person.

2. 4 months, starting with the publication of the notice of notification of the final judgment, if it was not personally notified.

2. The time limits referred to in the preceding paragraph may be extended, in accordance with the second paragraph of Article 134, if the force majeure which had prevented the rebel from appearing, but in no case the action of termination after sixteen months since the statement of the statement.

Article 503. Exclusion from termination of sentences without the effects of res judicata.

There will be no termination of the final judgments, which, by law, have no effect of res judicata.

Article 504. Possible suspension of enforcement. Termination procedure.

1. Claims for the termination of a firm judgment in absentia shall not cease to be enforced, except as provided for in Article 566 of this Law.

2. The claim of the rebel respondent that a final judgment is rescinded shall be substantiated by the procedures laid down for the ordinary judgment, which may be initiated by those who have been a party to the proceedings.

Article 505. Termination statement.

1. The judgment, in which the relevant evidence on the grounds justifying the rescission, will be practiced, will resolve on it the court by judgment, that it will not be liable for any recourse.

2. At the request of a party, the court of execution must agree to suspend the execution of the judgment in question if, as provided for in Article 566, the suspension has not already been imposed.

Article 506. Costs.

1. Where it is declared that there is no place of termination requested by the convicted litigant in absentia, all the costs of the proceedings shall be imposed.

2. If judgment is given as to the termination, the costs shall not be imposed on any of the litigants, unless the court finds any fear in any of them.

Article 507. Substance of the procedure after the judgment.

1. The claim of the rebel defendant shall be deemed to be submitted to the court which considers the case to be terminated before the court which has known the case at first instance and, before it, shall proceed in accordance with the following rules:

1. The cars shall be delivered for ten days to the defendant so that he can expose and ask for what is appropriate, in the form prevented for the response to the claim.

2. From what will be expunged and asked will be transferred for another ten days to the contrary, giving you copies of the writings and documents.

3. The proceedings of the declaratory judgment shall be followed, as appropriate, until the judgment is issued, against which the resources provided for in this Law may be brought.

2. The certificate referred to in the preceding paragraph shall not be referred to the court of first instance if the court has been the one who considered the termination of the procedure.

Article 508. Respondent's inactivity and new sentence.

If the defendant does not make allegations and requests in the procedure referred to in the first rule of the previous article, it shall be understood that the defendant shall resign to be heard and a new sentence shall be given on the same terms as the termination.

This statement will not be given any resource.

TITLE VI

From reviewing firm statements

Article 509. Competent body and decisions on appeal.

The review of firm sentences will be requested from the Civil Court of the Supreme Court or the Civil and Criminal Chambers of the Superior Courts of Justice, in accordance with the provisions of the Organic Law of the Judiciary.

Article 510. Reasons.

There will be a review of a firm statement:

1. No. If after pronounced, decisive documents are recovered or obtained, from which the force majeure or the work of the party in whose favour it has been ordered shall not be available.

2. "No" If you have fallen by virtue of documents that at the time of the dictation ignored one of the parties being declared false in a criminal process, or whose falsehood I will declare after criminally.

3. " If you have relapsed by virtue of evidence testify to the witness or expert, and witnesses or experts have been convicted of false testimony given in the statements that served as the basis for the sentence.

4. º If wrongfully earned by virtue of co-fact, violence or fraudulent scheming.

Article 511. Active legitimation.

You may request the review who has been harmed by the contested judgment.

Article 512. Period of interposition.

1. Under no circumstances may the review be requested after five years from the date of publication of the judgment to be challenged. Any request for review shall be rejected, which shall be submitted after this deadline.

2. Within the time limit referred to in the preceding paragraph, the review may be requested provided that three months have not elapsed since the day on which the decisive documents, the co-fact, the violence or the fraud, or in which the documents were discovered, have been discovered. recognized or declared falsehood.

Article 513. Repository.

1. In order to bring the application for review, it shall be necessary for it to be accompanied by a document supporting the establishment of 50,000 pesetas for the purpose. This amount will be returned if the court will estimate the review demand.

2. The absence or inadequacy of the deposit referred to above, where it is not remedied within the time limit which the court points out by means of providence, which shall not in any case be more than five days, shall determine that the application shall be repeated.

Article 514. Substantiation.

1. The court will request that all proceedings in the case be referred to and that the judgment be challenged, and that the judgment be challenged, and shall place a number of proceedings against him or his successors in law so that, within the period of 20 days answer to the claim, holding whatever suits your right.

2. If the request for review has been answered or the previous period has elapsed without having done so, the proceedings will be given to the proceedings established for the oral trials.

3. In any event, the Prosecutor's Office shall report on the review before the judgment is given as to whether or not it has given rise to the estimate of the claim.

4. If criminal questions are raised during the examination of the review, the general rules laid down in Article 40 of this Law shall apply, without having to operate the absolute expiry date referred to in paragraph 1. of article 512.

Article 515. Eventual suspension of execution.

The review claims will not suspend the execution of the firm sentences that motivate them, except as provided for in Article 566 of this Act.

Article 516. Decision.

1. If the court considers that the review sought, it shall state that, and the contested judgment shall be terminated. It shall then issue a certificate of the judgment, and return the cars to the court from which they proceed so that the parties use their right, as appropriate, in the relevant judgment.

In this judgment, you will have to be taken as a basis and the statements made in the review statement cannot be discussed.

2. If the court considers the review requested, the claimant shall be ordered to pay the costs and shall forfeit the deposit which he has made.

3. No appeal shall be made against the judgment handed down by the review tribunal.

BOOK III

From enforced execution and precautionary measures

TITLE I

Of the executive titles

CHAPTER I

From statements and other executive titles

Article 517. Executive action. Executive titles.

1. The executive action must be based on a title that has been run.

2. Only the following titles will be executed:

1. º The sentence of firm conviction.

2. º The awards or firm arbitration resolutions.

3. Court decisions approving or approving judicial transactions and agreements reached in the process, accompanied, if necessary for the constancy of their specific content, by the corresponding testimonies of the actions.

4. º The public scriptures, provided that it is first copy; or if it is second that it is given by virtue of a judicial injunction and with summons of the person to whom it must be harmed, or of its causative, or that is issued with the conformity of all parties.

5. The policies of commercial contracts signed by the parties and by the collegiate trade corridor that intervenes them, with such that it is accompanied by certification in which the said corridor establishes the conformity of the policy with the seats in your book and the date of your book.

6. No. The bearer or nominative securities, legitimately issued, representing due obligations and the coupons, also due, of those securities, provided that the coupons confront the securities and these, in any case, with the book books.

The protest of untruth of the title formulated in the act of the confrontation shall not prevent, if that is the case, that the execution takes place, without prejudice to the subsequent opposition to the execution that the debtor may formulate alleging falsehood in the title.

7. º Non-expired certificates issued by the entities in charge of the accounting records in respect of the securities represented by notes to which the Securities Market Act refers, provided that a copy of the public deed of representation of the securities or, where applicable, of the issue, where such writing is necessary, in accordance with the law in force.

Installed and dispatched, the certificates referred to in the preceding paragraph will not expire.

8. The order to establish the maximum amount claimed in compensation, dictated in cases of rebellion of the defendant or of absolute judgment or dismissal in criminal proceedings initiated by facts covered by the Insurance Mandatory Civil Liability arising from the use and circulation of motor vehicles.

9. The other court decisions and documents which, at the disposal of this or other law, have been implemented.

Article 518. Expiry of the executive action based on judicial judgment or arbitration.

The executive action, which is founded in judgment, in a judicial decision approving a court settlement or an agreement reached in the process or in an arbitration decision shall lapse if the corresponding executive claim is not filed within the of the five years following the firmness of the judgment or judgment.

Article 519. Executive action of consumers and users founded in a sentence of conviction without individual determination of the beneficiaries.

When the judgment of conviction referred to in the first rule of Article 221 has not been determined by the consumers or individual users who have benefited from it, the court competent for the execution, at the request of a or a number of interested parties and with a hearing of the sentenced person, shall decide to decide whether, according to the data, characteristics and requirements laid down in the judgment, he recognises the applicants as beneficiaries of the sentence. With testimony to this car, the recognized subjects will be able to urge the execution.

Article 520. Executive action based on non-judicial and arbitral titles.

1. In the case of the executive titles referred to in Article 517 (2), (5), (6), (5), (6) and (7), the execution may only be carried out by a certain amount exceeding 50 000 pesetas:

1. No. In cash.

2. º In foreign currency convertible, provided that the obligation to pay in the same is authorized or legally permitted.

3. º In thing or species computable in money.

2. The quantity limit referred to in the preceding paragraph may be obtained by the addition of several executive titles provided for in that paragraph.

Article 521. Merely declarative statements and constitutive statements.

1. No execution of the merely declarative or constitutive sentences shall be issued.

2. By means of their certification and, where appropriate, the appropriate judicial injunction, firm constitutional judgments may permit registrations and modifications in public records, without the need for enforcement to be issued.

3. Where a constitutive judgment also contains statements of conviction, they shall be executed in the manner provided for in this Law.

Article 522. Compliance with and compliance with constitutional judgments. Request for necessary judicial proceedings.

1. All persons and authorities, especially those in charge of public records, must comply with and comply with the provisions of the constitutional judgments and abide by the state or legal situation arising from them, unless they exist. obstacles arising from the Register itself under its specific legislation.

2. Those who have been a party to the proceedings or who demonstrate direct and legitimate interest may ask the court for appropriate action for the effectiveness of the constituent judgments and to overcome any resistance to what they have.

CHAPTER II

From foreign executive titles

Article 523. Executive force in Spain. Law applicable to the procedure.

1. For the final judgments and other foreign executive titles to be carried out in Spain, the provisions of the international treaties and the legal provisions on international legal cooperation shall apply.

2. In any event, the execution of foreign judgments and executive titles shall be carried out in Spain in accordance with the provisions of this Law, unless otherwise disputed in the international treaties in force in Spain.

TITLE II

From the provisional execution of court decisions

CHAPTER I

From Interim Execution: General Provisions

Article 524. Provisional execution: demand and content.

1. The provisional execution shall be requested on demand, as provided for in Article 549 of this Law.

2. The provisional execution of conviction sentences, which are not firm, shall be released and carried out, in the same way as the ordinary execution, by the court competent for the first instance.

3. In the provisional execution of sentence sentences, the parties shall have the same procedural rights and powers as in the ordinary.

4. As long as they are not firm, or even if they are not, the time limits indicated by this Law for exercising the action of termination of the judgment given in absentia shall not have elapsed, only the preventive annotation of the judgments that they have or permit shall be carried out. registration or cancellation of seats in public records.

5. The provisional execution of judgments in which fundamental rights are protected shall be of a preferential nature.

Article 525. Statements not provisionally executable.

1. In no case shall they be subject to provisional execution:

1. The judgments given in the proceedings concerning paternity, maternity, filiation, marriage annulment, separation and divorce, capacity and marital status and honorific rights, except for the pronouncements that regulate the obligations and heritage relationships related to what is the main object of the process.

2. Statements That Condemn a Declaration of Will.

3. Statements Declaring the nullity or expiration of industrial property titles.

2. The provisional execution of non-firm foreign judgments shall not be carried out either, unless expressly provided otherwise in the international treaties in force in Spain.

CHAPTER II

Of the interim execution of conviction sentences handed down at first instance

SECTION 1 OF THE PROVISIONAL EXECUTION AND THE OPPOSITION TO IT

Article 526. Provisional execution of the sentences of conviction in the first instance. Legitimization.

Except in the cases referred to in the previous article, who has obtained a statement of his or her favour in a sentence of conviction, at first instance, may, without the simultaneous provision of caution, request and obtain its execution provisional as provided for in the following Articles.

Article 527. Request for interim execution, dispatch of this, and resources.

1. The provisional execution may be requested at any time from the notification of the providence in which the appeal is prepared or, where appropriate, from the transfer to the appellant's part of the appeal by adhering to the appeal. resource, and always before it has been handed down to it.

2. Where the provisional execution is requested after the orders have been submitted to the court competent to resolve the appeal, the applicant shall obtain in advance of this evidence of what is necessary for the execution and to accompany the appeal. testimony to the request.

If the provisional execution has been requested prior to the referral of the cars referred to in the preceding paragraph, the same court of first instance shall issue the testimony before making the referral.

3. The court shall, in application of the provisional application, issue it unless it is a judgment in Article 525 or which does not contain a statement of conviction in favour of the applicant.

4. An appeal, which shall be dealt with and resolved on a preferential basis, shall be lodged against the order refusing the provisional application. An appeal shall not be made against the order that the provisional execution shall take, without prejudice to the opposition which may be made by the executing party in accordance with the following Article.

Article 528. Opposition to the provisional execution and specific executive actions.

1. The executed can only be opposed to the provisional execution after it has been dispatched.

2. Opposition to provisional enforcement may be based only on the following grounds:

1. In any case, the provisional execution with violation of the previous article has been dispatched.

2. If the judgment were to be condemned, it would be impossible or extremely difficult, attended by the nature of the executive actions, to restore the situation prior to the provisional execution or to compensate economically. executed by the compensation of the damages and damages that would be caused to him, if that sentence was revoked.

3. If the judgment were to be condemned, the executed person may not object to the provisional execution, but only to specific executive actions of the award procedure, when he understands that such actions will cause a situation absolutely impossible to restore or to compensate economically by compensation for damages.

In formulating this opposition to specific executive measures, the executed will have to indicate other measures or executive actions that are possible and do not cause situations similar to those that would cause, in their opinion, the action or measure to which it is opposed, as well as to provide sufficient caution to respond to the delay in implementation, if the alternative measures are not accepted by the court and the statement of conviction would subsequently be confirmed.

If the executed person does not indicate alternative measures or provide sufficient caution, the opposition to the execution shall not proceed in any event and shall be immediately available without any recourse.

Article 529. Substantiation of the opposition to the provisional execution or to specific executive actions.

1. The statement of opposition to the provisional execution shall be submitted to the court of execution within five days of the notification of the decision to be taken by the office of execution or the specific action to be taken. object.

2. The statement of opposition to the execution and the accompanying documents shall be transferred to the executing person and to those who are in the provisional execution, to express and credit, within five days, what they consider to be convenient.

3. If it were the provisional execution of a sentence of conviction, the second paragraph of Article 528 (2) of the opposition to the provisional execution, which was requested, in addition to the challenge of the application of the provisional judgment, had been invoked. On the contrary, it may provide sufficient caution to ensure that, if the judgment is revoked, the previous situation will be restored or, if this is impossible, the damage and damage caused will be recovered.

The security may be constituted in cash, by means of a solidarity guarantee of indefinite duration and payable at first order issued by a credit institution or a mutual guarantee company or by any other means which, in the view of the of the court, ensure the immediate availability, where appropriate, of the quantity in question.

Article 530. Decision on the opposition to the provisional execution and to specific executive measures. Unpredictability.

1. Where the opposition founded in the first case of Article 528 (2) is considered, the opposition to the provisional execution shall be determined by order of order in which the provisional execution of the provisional execution shall be declared no longer, liens and obstacles and the guarantee measures which may have been adopted.

2. If the opposition had been formulated in the event of a provisional execution of a conviction, it would be impossible or extremely difficult to restore the situation before the Court of Justice, when the court considers that it would be impossible or extremely difficult to restore the sentence. (a) temporary execution or guarantee of compensation by the course which the applicant would be willing to provide, order the execution to be suspended, but the liens and the security measures taken and the measures taken shall be taken into account. which shall proceed in accordance with the provisions of Article 700.

3. Where, where the conviction is given, the opposition has been formulated in respect of specific executive activities, such opposition shall be considered if the court considers the actions or alternative measures indicated as possible and of similar effectiveness. for the provisionally executed or if, having been offered caution which is created sufficient to respond to the delay in the execution, the court will appreciate that in the case an absolute impossibility to restore the situation before to the (a) to be implemented or to compensate economically for the provisionally executed compensation for damages, if the sentence is revoked.

The estimation of this opposition will only determine that the realization of the concrete executive activity that is the object of that opposition will be denied, proceeding with the award procedure as provided for in this Law.

4. No recourse shall be made against the order to which it decides on the opposition to the provisional execution or to specific executive measures.

Article 531. Suspension of provisional execution in case of cash convictions.

The provisional execution of statements of condemnation of the payment of amounts of liquid money shall be suspended when the executed shall be at the disposal of the Court, for delivery to the executing person, without prejudice to the provisions of the the following section, the amount to which he has been convicted, plus the interest and the costs incurred up to that time. Those and assessed shall be settled on the continuation or the file of the execution.

SECTION 2 OF THE REVOCATION OR CONFIRMATION OF THE PROVISIONALLY EXECUTED STATEMENT

Article 532. Confirmation of the provisionally executed resolution.

If a statement is issued to confirm the provisionally executed pronouncements, the execution will continue if it has not yet finished, except for the express withdrawal of the performer.

If the confirmatory judgment is not subject to appeal or will not be appealed, the execution, unless withdrawal, will proceed as final.

Article 533. Revocation of convictions for the payment of money.

1. If the provisional statement issued is a matter of condemnation of the payment of the money and shall be totally revoked, the provisional execution shall be terminated and the executing person shall return the amount which, if any, has been received, reintegrated into the execution the costs of the provisional execution which the latter has satisfied and shall be liable for the damage which it has caused to it.

2. If the revocation of the judgment is partial, only the difference between the amount received by the performer and the amount resulting from the partial confirmation shall be returned, with the increase resulting from the application of that difference, annually, from the moment of perception, the kind of legal interest of money.

3. If the revocation judgment is not final, the receipt of the quantities and increments provided for in the preceding paragraphs of this Article may be sought by way of a prize before the court which has given rise to the provisional execution. The settlement of damages shall be done in accordance with the provisions of Articles 712 et seq. of this Law.

The obligation to return, reintegrate and indemnify may be opposed to specific actions of the award, in the terms of Article 528 (3).

Article 534. Revocation in cases of non-cash convictions.

1. If the provisionally executed decision to be revoked has condemned the surrender of a particular asset, it shall be returned to the execution, in the concept where it has been, plus the income, fruits or products, or the pecuniary value of the use of the good.

If the refund is impossible, in fact or in law, the executed person may ask that the damages be compensated, which shall be settled by the procedure laid down in Articles 712 et seq.

2. If a resolution is revoked that contains a conviction to be made and the resolution has been made, it may be requested that the action be undone and that the damages caused are compensated.

3. In order to return the matter, the destruction of the damage done or the charge for damages, as provided for in the preceding paragraphs, shall, in the event that the revocation is not final, proceed to the competent court. for the interim.

4. In the cases provided for in the preceding paragraphs, the obligation to return, undo or indemnify may, in accordance with the provisions of Article 528 of this Law, be subject to the application of this law.

CHAPTER III

Of the interim execution of conviction sentences handed down in the second instance

Article 535. Interim execution of statements given in the second instance.

1. The provisional execution of judgments handed down in the second instance, which are not firm, as well as the opposition to such enforcement, shall be governed by the provisions of the preceding chapter of this Law.

2. In the cases referred to in the preceding paragraph, the provisional application may be made at any time from the notification of the decision which has the extraordinary appeal for a procedural infringement or the appeal. and always before a statement has been placed on these resources.

The application will be filed with the court that has known about the process in the first instance, accompanying certification of the sentence whose provisional execution is intended, as well as testimony of how many individuals are estimated to be necessary, certification and testimony to be obtained from the court which has issued the judgment of appeal or, where appropriate, of the body competent to hear the action brought against it.

3. The opposition to the provisional execution and to specific executive measures, in the second instance, shall be governed by the provisions of Articles 528 to 531 of this Law.

Article 536. Second instance confirmation of the provisionally executed resolution.

If the judgment of the second instance provisionally executed is confirmed in all of its pronouncements, the second paragraph of Article 532 shall be provided.

Article 537. Revocation of the resolution provisionally executed in the second instance.

Where the judgment given in the second instance and provisionally executed shall be revoked, Articles 533 and 534 shall apply.

TITLE III

Running: General Provisions

CHAPTER I

Of the parts of the execution

Article 538. Parties and subjects of enforced execution.

1. The person or persons who ask for and obtain the dispatch of the execution and the person or persons against whom they are dispatched are a party to the execution process.

2. Without prejudice to Articles 540 to 544, at the request of the person appearing as a creditor in the executive title, enforcement may be issued only against the following subjects:

1. º Who appears as a debtor in the same title.

2. No. Who, without being a debtor in the executive title, personally responds to the debt by law or by virtue of a public document.

3. Who, without appearing as a debtor in the executive title, is the owner of the goods specially affected to the payment of the debt in the virtue of which it is derived, provided that such condition derives from the Law or is credited by means of document. The execution will take place, with respect to these people, to the goods specially affected.

3. They may also use the means of defence provided by the law to those persons in respect of whom the execution has not been issued, but whose assets the court has provided for it to be extended by understanding that, in spite of they belong to the executed property, are affected by them to the fulfilment of the obligation to which it is carried out.

4. If the executor leads the court to extend the execution to persons or property which the title or law does not authorize, it shall be liable for damages.

Article 539. Representation and advocacy. Costs and expenses of the execution.

1. The executing and the executed shall be directed by counsel and represented by procurator, except in the case of the execution of decisions rendered in processes in which the intervention of such professionals is not mandatory.

For the execution derived from monitoring processes in which there has been no opposition, the intervention of attorney and procurator shall be required provided that the quantity for which the execution takes place is greater than 150,000 pesetas.

2. In the proceedings of the process of execution for which this Law expressly provides for the costs, the parties must satisfy the costs and costs that correspond to them in accordance with the provisions of Article 241 of this Law, without prejudice to any reimbursements arising from the court's decision on the costs.

The costs of the execution process not included in the preceding paragraph shall be borne by the executing person without the need for express imposition, but until liquidation, the executor shall satisfy the costs and costs to be incurred producing, with the exception of those corresponding to actions taken at the request of the executed person or other subjects, to be paid by the person who has requested the action in question.

Article 540. Performer and executed in succession cases.

1. The execution may be issued in favour of the person who accredits being the successor of the executive title and against which it is established that he is the successor to whom in that title he appears as being executed.

2. In order to prove the succession, for the purposes of the preceding paragraph, the court shall be required to provide the court with the evidence. If the court considers them to be sufficient for such purposes, it shall, without further formalities, issue the execution in favour of or in respect of whom it appears to be a successor by reason of the documents submitted.

3. If the succession does not consist in any of the documents or the court shall not consider them sufficient, the request to be returned shall be transferred to the person who is the person who is executed in the title and to whom it is intended to be his successor and, The court shall decide on the succession to the sole effects of the dispatch of the execution.

Article 541. Execution in ganancial goods.

1. No execution will be issued against the ganancial community.

2. Where the execution is due to debts incurred by one of the spouses, but where the profit-making company is required to respond, the executive claim may be directed against the debtor's spouse only, but the seizure of the property the other spouse must be notified, giving him the transfer of the executive and the order which he or she takes to carry out so that, within the ordinary period, he can oppose the execution. The opposition to the execution may be based on the same causes as the one executed and, in addition, on the fact that the property is not responsible for the debt for which the execution has been issued. When the opposition melts in the latter cause, it will be up to the creditor to prove the responsibility of the ganancial goods. If this liability is not credited, the spouse of the executed person may request the dissolution of the spousal company in accordance with the following paragraph.

3. If the execution is to be followed by the debts of one of the spouses and the property is lost or because of the inadequacy of the private property, the lien of the spouses shall be notified to the non-debtor spouse. In such a case, if he or she chooses to seek the dissolution of the conjugal society, the court, the spouses, shall settle the matter of division of the estate and, where appropriate, agree that it be carried out in accordance with the provisions of this Law, the execution of the common goods shall be suspended in the meantime.

4. In the cases provided for in the preceding paragraphs, the spouse to whom the lien has been notified may institute the resources and use of the means of appeal available to him for the defence of the interests of the community of ganancials.

Article 542. Enforcement against the debtor in solidarity.

1. Judgments, awards and other court-executive titles obtained only in respect of one or more of the debtor's debtors shall not serve as an executive title against the debtor of solidarity who had not been a party to the proceedings.

2. If the executive titles are extra-judicial, enforcement may be issued only in respect of the debtor who appears in them or in another document attesting to the solidarity of the debt and carrying out enforcement in accordance with the provisions of the law.

3. Where a number of joint debtors appear in the executive title, it may be requested to be issued, for the total amount of the debt, plus interest and costs, against one or some of those debtors or against all of them.

Article 543. Temporary associations or entities.

1. Where in the executive title they appear as debtors or groupings of different undertakings or entities, it may be issued directly to its members, members or members only if, by agreement of these or by legal provision, respond jointly and severally to the acts of the union or grouping.

2. If the law expressly establishes the subsidiary character of the responsibility of the members or members of the unions or groups referred to in the preceding paragraph, for the dispatch of the execution in front of them, it shall be necessary to establish the insolvency of these.

Article 544. Entities without legal personality.

In the case of executive securities against entities without legal personality that act in traffic as distinct subjects, enforcement may be issued against the partners, members or managers who have acted in the traffic legal on behalf of the entity, provided that the condition of the member, member or manager and the action before a third party on behalf of the entity is fulfilled, in the court's judgment.

The provisions of the preceding paragraph shall not apply to the communities of property owners under horizontal ownership.

CHAPTER II

From the competent court

Article 545. Competent court. Form of resolutions in enforced execution.

1. He/she shall be competent for the execution of judicial decisions and transactions and agreements judicially approved or approved by the court that met the case at first instance or the one who approved or approved the transaction or agreement.

2. Where the title is an arbitral award, the Court of First Instance of the place where the award was made shall be competent for its execution.

3. For the purposes of execution on the basis of titles other than those expressed in the preceding paragraphs, the Court of First Instance shall have jurisdiction in the place which corresponds to the provisions of Articles 50 and 51 of this Law. The execution may also be required, at the choice of the executing person, before the Court of First Instance of the place of fulfilment of the obligation, according to the title, or of any place where the goods of the executed person may be (a) the rules on the express or tacit submission contained in Section 2.a of Chapter II of Title II of the Book I

not apply;

If there are several executed, the court shall have jurisdiction, in accordance with the preceding paragraph, with respect to any executed, at the choice of the performer.

By way of derogation from the preceding paragraph, where the execution is only on goods specially mortgaged or pledged, the jurisdiction shall be determined in accordance with the provisions of Article 684 of this Law.

4. In the process of enforcement, decisions of the court which agree to the release of the provisional or final execution, which shall order the embargo or its uprising, which decide on the opposition to the execution, shall be adopted by the court. suspension, withdrawal or resumption of the same, on third parties, and those other than those mentioned in this Law.

The court shall decide by means of providence in the cases in which it is expressly stated, and in all other cases, the resolutions to be delivered by the Secretary of the Judiciary through the proceedings of ordination.

Article 546. Ex officio examination of territorial competence.

1. Before dispatch, the court shall examine its territorial jurisdiction of its own motion and whether, in accordance with the executive title and other documents accompanying the application, it shall understand that it is not territorially competent, shall make a self-abstaining The Court of Justice shall be responsible for the application of the application. This decision shall be used in accordance with the provisions of Article 552 (2

.

2. Once the court has been executed, the court may not, on its own initiative, review its territorial jurisdiction.

Article 547. Decline in enforced execution.

The executed person may contest the jurisdiction of the court by proposing a decline within five days of receiving the first notification of the execution process.

The declination will be substantiated and decided in accordance with the provisions of Article 65 of this Law.

CHAPTER III

From the fulfillment of the execution

Article 548. Time limit for waiting for the execution of judicial and arbitration decisions.

The court will not issue the execution of judicial or arbitration decisions or of legally approved conventions within twenty days after the one in which the resolution of conviction or approval of the convention has been notified to the executed.

Article 549. Executive demand. Content.

1. Only execution will be issued at the request of part, in the form of demand, in which they will be expressed:

1. The title on which the performer is founded.

2. The executive guardianship that is intended, in relation to the executive title that is adduced, specifying, where appropriate, the amount to be claimed in accordance with the provisions of Article 575 of this Law.

3. The assets of the executed person liable for which he has knowledge and, where appropriate, if he considers them sufficient for the purpose of the execution.

4. º Where appropriate, the location and investigation measures that are of interest under article 590 of this Law.

5. º The person or persons, with the expression of their identifying circumstances, against whom the execution of the execution is sought, for appearing in the title as debtors or for being subject to execution as provided in the Articles 538 to 544 of this Law.

2. Where the enforceable title is a judgment or judgment handed down by the court competent to hear the enforcement, the application may be limited to the application for the enforcement of the judgment, identifying the judgment or judgment of which the court is execution is intended.

Article 550. Documents to accompany the executive action.

1. The executive demand shall be accompanied by:

1. º The executive title, except that the execution is based on a statement, agreement or transaction that consists of the cars.

2. The power granted to procuratorate, provided that the representation is not relied upon "apud acta" or is not already included in the actions, when the execution of judgments, transactions or agreements approved judicially is requested.

3. º Documents that credit the prices or contributions applied for the computation in non-cash debts, when it is not a matter of official or public data knowledge.

4. The other documents required by law for the dispatch of the execution.

2. The executive request may also be accompanied by any documents deemed to be useful or appropriate for the best development of the execution and contain data of interest to be released.

Article 551. Dispatch of the execution. Unpredictability.

1. When the application is filed, the court shall in any event issue the execution provided that the budgets and procedural requirements are met, the executive title does not suffer from any formal irregularity and the implementing acts requested comply with the nature and content of the title.

2. The execution shall be effected by order of order, which shall not be liable to any appeal, without prejudice to the opposition which, under this Law, may make the execution.

Article 552. Refusal of dispatch of the execution. Resources.

1. If the court finds that the legally required budgets and requirements for the dispatch of the execution are not present, it shall decide to refuse the dispatch of the execution.

2. The order to refuse the execution of the execution shall be directly appable, with the appeal only with the creditor. The creditor may also, at his/her choice, attempt to seek redress prior to the appeal.

3. Once the order has been signed by the creditor, the creditor may only assert his rights in the ordinary proceedings, if he does not obtain the judgment or final judgment in which the judgment was founded. demand for execution.

Article 553. The order for which the execution is issued. Content and notification.

1. The order in which the execution takes place shall contain the following:

1. The determination of the person or persons against whom enforcement is issued; if he is issued in solidarity or joint form and any other precision that, in respect of the parties or the content of the execution, is

2. º Where applicable, the amount by which execution is issued.

3. The measures to locate and find out the assets of the executed person, as provided for in Articles 589 and 590 of this Law.

4. The executive judicial proceedings to be agreed, from that time, including, if possible, the attachment of concrete goods.

5. The content of the order of payment to be made to the debtor, in cases where the law establishes this requirement.

2. The order which is issued, with the copy of the executive application, shall be notified to the executing, without summons or placement, so that at any time it can be personified in the execution, understanding with him, in such case, the subsequent actions.

Article 554. Immediate measures after the execution order auto.

1. In cases where no requirement for payment is established, the measures referred to in Article 3 (1) (3) shall be carried out immediately without hearing the execution or waiting for notification of the order of payment. dispatch of the execution.

2. Even if the payment order is to be made, it shall also be carried out in the manner provided for in the preceding paragraph where the applicant so requests, justifying, in the court's judgment, that any delay in the location and investigation of property could frustrate the good end of execution.

Article 555. Accumulation of runs.

1. At the request of either party, the accumulation of pending execution processes between the same executing creditor and the same executed debtor shall be agreed.

2. The execution processes that follow the same executed may be accumulated, at the request of any of the performers, if the court that knows of the oldest process considers it more convenient for the satisfaction of all the creditors performers.

3. The request for cumulation shall be substantiated in the form prevented in Articles 74 and following.

4. Where the execution is directed exclusively on particularly mortgaged goods, the accumulation of other enforcement processes may be agreed only where the latter are followed in order to make other mortgage guarantees effective. goods.

CHAPTER IV

From the opposition to the execution and the impeachment of acts of execution contrary to the law or the executive title

Article 556. Opposition to the enforcement of judicial or arbitration decisions and judicially approved transactions and agreements.

1. If the enforceable title is a judgment or judgment or arbitration of conviction or approval of transaction or agreement reached in the process, the executed, within ten days of the notification of the order in which it is issued execution, may object to it in writing on the grounds of payment or compliance with the order in the judgment, which must be documented.

The expiration of the executive action and the agreements and transactions that have been agreed to prevent execution may also be opposed, provided that such pacts and transactions are in public document.

2. The opposition to be made in the cases in the previous paragraph shall not suspend the course of execution.

3. By way of derogation from the preceding paragraphs, where the execution has been dispatched by virtue of the order referred to in Article 517 (2), the opposition of the executed shall suspend the execution and may be based on any of the causes provided for in the following Article and in which they are set out below:

1. The victim's exclusive Culp.

2. No Major Force Stranger to driving or operating the vehicle.

3. Cone of blame.

Article 557. Opposition to enforcement based on non-judicial or arbitral titles.

1. Where enforcement is carried out by the titles provided for in the numbers 4, 5, 5, 6 and 7, as well as by other documents with an executive force as referred to in Article 517 (2), the execution may be opposed only by the executing State. time and in the manner provided for in the previous article, if it is based on any of the following:

1. Payment, which can be documented.

2. th liquid credit compensation resulting from a document that has an executive force.

3. Pluspetition or excess in the cash computation of the debts in kind.

4. Enrollment and expiration.

5. Quita, wait or covenant or promise not to order, which is documented.

6. th Transaction, provided it is in public document.

2. If the opposition provided for in the previous paragraph is made, the course of execution shall be suspended.

Article 558. Opposition for pluspetition. Specialties.

1. The opposition, which is founded exclusively on a pluspetition or excess, shall not suspend the course of execution, unless the person who has been executed makes it available to the court, for immediate delivery to the executing person, the amount which he considers to be due. In this case, the execution will continue its course, but the proceeds of the sale of foreclosed goods, in excess of the amount recognized as due by the executed, will not be delivered to the performer as long as the opposition has not been resolved.

2. In the cases referred to in Articles 572 and 574, on account balances and variable interests, the court may, at the request of the executed person, designate by means of provision that it delivers an opinion on the amount of the debt. In such a case, the opinion shall be moved to both parties and the view shall not be held until after 10 days from the date of the transfer.

Article 559. Substantiation and resolution of the opposition for procedural defects.

1. The executed may also object to the execution by alleging the following defects:

1. º Carage the execution of the character or representation with which it is demanded.

2. The lack of capacity or representation of the performer or fail to accredit the character or representation with which it demands.

3. Radical annulment of the execution of the execution for failure to contain the judgment or the arbitral award of the judgment, failure to comply with the document presented with the legal requirements required to carry out the execution, or an infringement, upon dispatch, of the provisions of Article 520 of this Law.

2. Where the opposition of the executed person is founded exclusively or together with other reasons or causes, in procedural defects, the executing person may make representations concerning them within five days. If the court finds that the defect is subsable, it shall provide the executing person with a period of ten days to remedy it.

When the defect or fault is not subsable or will not be remedied within this period, it will be issued to leave the execution without effect, with the imposition of the costs to the performer. If the court does not appreciate the existence of the procedural defects to which the opposition is limited, it shall give its order to dismiss the opposition and to continue the execution, and shall impose the costs of the opposition upon execution.

Article 560. Substantiation of the opposition for substantive reasons.

When the opposition to the execution has been resolved for procedural reasons or have not been alleged, the performer may contest the opposition based on background grounds within five days, counted from the time he was given. notify the decision on those grounds or from the transfer of the statement of opposition.

The parties, in their respective opposition and their opposition writings, may request the holding of hearing, which the court will agree by providence if the dispute over the opposition cannot be settled with the parties. documents provided, stating the day for their conclusion within the ten following the conclusion of the impeachment proceedings.

If the hearing is not sought or if the court does not consider its conclusion, the opposition shall be resolved without further formalities in accordance with the provisions of the following article.

When the conclusion of the hearing is agreed, if it fails to compare it, the court shall be held by the court of the opposition and shall adopt the decisions referred to in Article 442 (1). If the performer does not appear, the court will rule without hearing him on the opposition to the execution. On both sides, the view will be developed in accordance with the provisions of the oral judgment, then the resolution that proceeds in accordance with the provisions of the following article.

Article 561. Self-solving opposition for background reasons.

1. Hearing the parties on the opposition to the execution not founded on procedural defects and, where appropriate, the hearing, the court shall, by order, to the sole effects of the execution, take one of the following resolutions:

1. Declare that the execution proceeds by the quantity that would have been dispatched, when the opposition is totally dismissed. If the opposition has been founded on a pluspetition and is partially dismissed, the execution shall be declared only by the appropriate amount.

The order that the opposition totally dismisses shall condemn on the coast of the opposition to the execution, in accordance with the provisions of Articles 394 for the conviction on costs in the first instance.

2. To declare that the execution does not proceed, when any of the grounds of opposition listed in Articles 556 and 557 are considered or shall be considered to be entirely founded on the record of the gain which has been admitted according to the article 558.

2. If the opposition to the execution is considered, it shall be left without effect and the liens and the measures of guarantee of the condition which have been adopted shall be lifted and shall be returned to the execution of the execution, in accordance with Articles 533 and 534. The executor shall also be ordered to pay the costs of the opposition.

3. An appeal, which shall not suspend the course of enforcement, may be brought against the opposing order if the judgment under appeal was dismissed from the opposition.

Where the judgment under appeal is an estimate of the opposition, the executing person may request that the liens and the security measures taken and that they be taken in accordance with the provisions of the Article 697 of this Law, and the court will thus agree, by providence, provided that the performer provides sufficient caution, which shall be fixed in the judgment itself, to ensure the compensation that may correspond to the execution in the event that the Opposition estimate is confirmed.

Article 562. Challenging legal violations in the course of execution.

1. Irrespective of the opposition to the execution by the person executed in accordance with the provisions of the foregoing Articles, all persons referred to in Article 538 may denounce the infringement of rules governing the specific acts of the process of execution:

1. No By means of the replenishment facility set out in this Law if the infringement is to be committed or committed in the judgment of the court of execution.

2. º By means of appeal in cases where expressly provided for in this Law.

3. A written letter addressed to the Court if there was no express resolution to which to appeal. The document shall clearly express the resolution or action intended to remedy the alleged infringement.

2. If it is alleged that the infringement involves a declaration of invalidity of proceedings or the court so considers, the provisions of Articles 225 et

.

Article 563. Conflicting implementing acts with the judicial enforcement title.

1. Where, having been issued pursuant to judgments or court decisions, the court competent for enforcement is in breach of the executive title, the injured party may bring an action for replacement and, if desestimare, appeal.

2. In the cases referred to in paragraph 1, the party which has recourse may request the suspension of the particular contested executive activity, which shall be granted if it provides sufficient security to respond to the damage caused to the other party by the delay.

The flow may be constituted in any of the forms provided for in the second subparagraph of Article 529 (3).

Article 564. Legal defense of the executed person founded on facts and acts not included in the causes of opposition to the execution.

If, after precluing the possibilities of argument in judgment or after the production of an out-of-court executive title, facts or acts were produced, other than those admitted by this Law as causes of opposition the execution, but legally relevant in respect of the rights of the executing party against the execution or of the duties of the executed for with the executing, the legal effectiveness of those facts or acts can be asserted in the process that corresponds.

CHAPTER V

From the suspend and term of the run

Article 565. Scope and general rule on suspension of execution.

1. Only execution shall be suspended in cases where the Act is ordered by the Act in an express manner, or as agreed by all parties to the enforcement.

2. The suspension may, however, be adopted or maintained in accordance with the agreed embargoes and shall, in any event, be carried out as agreed.

Article 566. Suspension, dismissal and resumption of enforcement in cases of termination and review of a firm sentence.

1. If, in respect of the case, the court responsible for the enforcement of the case is brought before the Court of Justice or the Court of Justice of the European Union, the Court of Justice may order, at the request of a party, and if the circumstances of the case advise, that the execution of the sentence should be suspended. In order to agree to the suspension, the court must require the court to ask for the value of the litigated and the damages that may be irrogated by the inexecution of the judgment. Before deciding on the suspension of the execution of the judgment under review, the court shall hear the opinion of the Prosecutor's Office.

The course referred to in the preceding paragraph may be granted in any of the forms provided for in the second subparagraph of Article 529 (3

.

2. The suspension of enforcement shall be lifted and shall be ordered to continue when the court of execution is satisfied with the dismissal of the review or the demand for termination of judgment given in absentia.

3. Enforcement shall be terminated where the review is considered or where, after the judgment given in absentia, the defendant's absolute judgment is handed down.

4. Where the judgment given in absentia is terminated, a judgment is given with the same content as that which has been terminated or which, even if it is of a different content, has a statement of conviction, shall be carried out, considered to be valid and effective. the previous implementing acts in so far as they are conducive to the effectiveness of the pronouncements of that judgment.

Article 567. Interposition of ordinary resources and suspension.

The interposition of ordinary resources will not, by itself, suspend the course of the executive actions. However, if the person who has been executed proves that the decision in respect of which he is seeking damages him or her in difficult repair, he may request the court to suspend the action under appeal, in the forms permitted by this Law, sufficient to respond to the damage that the delay might cause.

Article 568. Suspension in case of a situation.

The court will suspend execution in the state in which it is notified that the executed person is in a situation of suspension of payments, contest or bankruptcy. By way of derogation, such situations shall not prevent the start of the singular execution, if the latter is limited to the goods previously mortgaged or pledged as a guarantee of the claimed debt, or the continuation of the procedure already initiated exclusively against such goods, which shall remain up to the satisfaction of the creditor and, where appropriate, subsequent mortgage creditors, within the limits of their respective mortgage guarantees, with the remaining remaining, if any, to the insolvency proceedings.

Article 569. Suspension for criminal prejudiciality.

1. The filing of a complaint or an interposition of complaint in respect of acts of criminal appearance relating to the enforcement or enforcement of the enforcement shall not, on its own, determine that the suspension of the is.

However, if pending criminal cause is found to be investigated facts of criminal appearance that, if true, would determine the falsehood or nullity of the title or the invalidity or ilicitude of the dispatch of the execution, the Court hearing from her, hearing the parties and the Prosecutor's Office, will agree to suspend the execution.

2. If the criminal case referred to in the preceding paragraph is terminated by a decision declaring the absence of the event or not being a criminal offence, the applicant may seek compensation for damages in accordance with the terms of paragraph 7 of the Article 40.

3. By way of derogation from the first subparagraph of this Article, the performance may be carried forward if the performer provides, in any of the forms provided for in the second subparagraph of Article 529 (3), sufficient security to respond to the of what you perceive and the damages that the execution produces to the executed.

Article 570. End of the run.

The enforced execution will only end with the complete satisfaction of the executing creditor.

TITLE IV

From the Dinerary Run

CHAPTER I

From Dinerary Execution: General Provisions

Article 571. Scope of this Title.

The provisions of this Title shall apply where enforcement is required under an enforceable title of which, directly or indirectly, it is the duty to deliver a quantity of liquid money.

Article 572. Liquid quantity. Execution by balance of operations.

1. For the dispatch of the execution, any amount of money determined, expressed in the title with understandable letters, figures or guismos, shall be deemed to be liquid. In case of disconformity between different expressions of quantity, the one that consists of letters shall prevail. However, it shall not be necessary for the purpose of the release to be released, for the amount to be paid by the executing agent for the interest which may be incurred during the execution and for the costs incurred.

2. Execution may also be issued for the amount of the balance resulting from transactions arising out of contracts entered into in public writing or in the form of a joint trade broker, provided that it has been agreed in the the amount payable in the event of enforcement shall be that resulting from the settlement by the creditor in the form agreed by the parties to the executive title itself.

In this case, only execution will be issued if the creditor credits prior notification to the executed and the guarantor, if any, of the amount payable resulting from the settlement.

Article 573. Documents to be attached to the executive claim for account balance.

1. In the cases referred to in the second paragraph of the preceding Article, the following shall be accompanied, in addition to the executive title and the documents referred to in Article 550, the following:

1. The document (s) in which the balance resulting from the payment by the creditor is expressed, as well as the extract of the items of charge and credit and those corresponding to the application of interest the specific balance for which the execution is requested to be dispatched.

2. The feisty document that establishes the settlement in the form agreed upon by the parties to the executive title.

3. The document stating that the debtor and the guarantor, if any, have been notified of the amount payable.

2. They may also be accompanied by the application, where the applicant considers it appropriate, to the supporting documents of the various items of charge and payment.

3. If the creditor is in doubt about the reality or enforceability of any item or about its actual amount, he/she may request the release of the execution for the amount that is undoubted and reserve the remainder for the declarative process. appropriate, which may be concurrent to the execution.

Article 574. Execution in variable interest cases.

1. The executor shall express in the executive application the calculation operations which result in the amount determined by the application for the execution of the execution in the following cases:

1. º When the amount you claim comes from a loan or loan in which a variable interest would have been agreed.

2. º When the amount claimed comes from a loan or loan in which the parities of different currencies and their respective interest rates are to be adjusted.

2. In all previous cases, the provisions of the second and third subparagraphs of the first paragraph of the previous Article and the second and third paragraphs of that Article shall apply.

Article 575. Determining the quantity and dispatch of the execution.

1. The execution shall be issued for the amount claimed in the executive claim as principal and ordinary and moratory interest due, increased by which it is intended to address the interests which, if any, may become established during the execution and the costs of the execution. The amount envisaged for these two concepts, which shall be provisionally fixed, shall not exceed 30 per 100 of the amount claimed in the application, without prejudice to subsequent liquidation.

Exceptionally, if the performer justifies that, in the light of the foreseeable duration of the execution and the interest rate applicable, the interest which may be payable during the execution plus the costs of the execution shall exceed the limit set out in the preceding paragraph, the amount provisionally fixed for such concepts may exceed the limit indicated.

2. Without prejudice to the record of the application, the court may not refuse the execution of the execution because it understands that the amount due is different from that set by the executing person in the application.

3. However, enforcement shall not be issued if, where appropriate, the executive application does not express the calculations referred to in the preceding articles or the documents required by these provisions are not accompanied.

Article 576. Interests of procedural arrears.

1. Since it has been handed down in the first instance, any judgment or judgment in respect of the payment of a quantity of liquid money shall determine, in favour of the creditor, the accrual of an annual interest equal to that of the legal interest of the increased money in two points or the one that corresponds to the agreement of the parties or by special provision of the law.

2. In cases of partial revocation, the court shall rule on the interests of procedural delay in accordance with its prudent arbitration, reasoning for that purpose.

3. The provisions of the foregoing paragraphs shall apply to all types of court decisions of any court order which contain a conviction for the payment of a liquid quantity, except for the specialities legally provided for in the Public.

Article 577. Foreign currency debt.

1. If the title fixes the amount of money in foreign currency, the execution will be issued to obtain and deliver it. The costs and expenses, as well as the interest on procedural delay, shall be paid in the national currency.

2. For the calculation of the goods to be shipped, the amount of foreign currency shall be computed according to the official change to the day of the dispatch of the execution.

In the case of a foreign currency without official listing, the calculation shall be made by applying the change which, in the light of the allegations and documents provided by the performer in the application, the court considers appropriate, without prejudice to the subsequent settlement of the sentence, which shall be effected in accordance with the provisions of Articles 714 to 716 of this Law.

Article 578. Maturity of new instalments or of the entire debt.

1. If, when the debt is executed by debt of a liquid quantity, a period of the same obligation as the virtue of which is derived, or the obligation in its entirety, shall be extended, the execution shall be extended by the amount corresponding to the new Principal and interest maturities, if so requested by the actor and without the need to roll back the procedure.

2. The extension of the implementation may be requested in the application. In this case, when the order is notified to the executing person, the executing person shall be warned that the execution shall be automatically extended if, on the expiry date, the quantities entered are not made available to the Court. corresponding.

When the performer requests the automatic extension of the execution, he/she must present a final settlement of the debt including the maturities of principal and interest produced during the execution. If this settlement is in accordance with the Executive Title and the amount of the maturities included in it has not been entered, the payment to the performer shall be made in accordance with the resulting settlement.

3. The extension of the implementation shall be sufficient reason for the improvement of the embargo and may be recorded in the preventive annotation of the lien as provided for in Article 613 (4) of this Law.

In the case of the previous paragraph, the extension of the execution will not result in the automatic adoption of these measures, which will only be agreed, if applicable, when the performer requests them after each expiration that would not have been attended.

Article 579. Cash execution in cases of particularly mortgaged or pledged goods.

When the execution is directed exclusively against mortgaged or pledged assets in guarantee of a money debt, the provisions of Chapter V of this Title will be included. If, at the auction of the mortgaged or pignorised goods, their product is insufficient to cover the credit, the executor may ask for the embargo for the amount which is missing and the execution shall be continued in accordance with the ordinary rules applicable to all execution.

CHAPTER II

From the payment requirement

Article 580. Cases where the order for payment is not applicable.

When the executive title consists of judicial or arbitration decisions or approving transactions or agreements reached within the process, which require certain amounts of money to be delivered, it will not be necessary to require payment to the executed to proceed to the seizure of his assets.

Article 581. Cases where the order for payment is appropriate.

1. Where the execution for the delivery of certain amounts of money is not served in judicial or arbitration decisions, or in transactions or conventions approved judicially, the execution shall be required for payment by the execution the amount claimed in principal and accrued interest, if any, up to the date of the claim and if it does not pay in the act, the court will then proceed to the seizure of its assets to the extent sufficient to respond to the quantity for which it is dispatched execution and the costs of the execution.

2. The requirement set out in the previous paragraph shall not be applied where the executive application has been accompanied by a notarial act stating that the payment has been required at least ten days in advance.

Article 582. Place of the payment order.

The order for payment will be made at the address listed in the executive title. But, at the request of the performer, the requirement may also be made in any place where, even accidentally, the execution could be found.

If the executed at the address listed in the executive title is not found, the embargo may be practiced if the performer so requests, without prejudice to attempting again the requirement in accordance with the provisions of this Law. for the acts of communication by means of delivery of the resolution or of the transferor and, where appropriate, for the Edictal communication.

Article 583. Payment for the executed. Costs.

1. If the executed payment is made in the act of the order or before the dispatch of the execution, the sum of money corresponding to the performance of the executing person shall be made available to the executed proof of payment made and, if applicable, shall be given by finished the execution.

2. Even if he pays the debtor in the act of the order, all the costs caused shall be borne by him, unless he justifies that, because he is not imputable, he was unable to make the payment before the creditor promoted the execution.

CHAPTER III

From the asset embargo

SECTION 1 OF THE GOODS LOCK

Article 584. Target scope and sufficiency of the embargo.

Goods shall not be shipped whose foreseeable value exceeds the quantity for which they have been issued, unless the assets of the executed assets exceed those concepts and the condition of such goods. goods will be necessary for the purposes of the execution.

Article 585. Avoidance of attachment by consignment.

Dispatched the execution, the seizure of goods shall be carried out in accordance with the provisions of this Law, unless the executed person shall record the quantity for which it has been released, in which case the embargo shall be suspended.

The executed that did not make the consignment before the embargo may be made at any later time, before the opposition to the execution is resolved. In this case, once the consignment has been entered, the liens to be locked shall be lifted.

Article 586. Destination of the quantity entered.

If the executed opposition is filed, the amount entered in accordance with the previous article shall be deposited in the designated establishment for this purpose and the embargo shall remain in abeyance.

If the executed person does not object, the amount entered to avoid the embargo shall be delivered to the performer without prejudice to the subsequent settlement of interest and costs.

Article 587. The timing of the embargo.

1. The embargo shall be deemed to have been made since it has been enacted by judicial decision or the description of a good in the act of the due diligence is reviewed, even if no guarantee or publicity measures have been taken.

2. The provisions of the above paragraph shall be without prejudice to the standards of protection of the third party in good faith to be applied.

Article 588. Nullity of the indeterminate embargo.

1. The embargo on goods and rights whose effective existence does not exist shall be void.

2. By way of derogation from the preceding paragraph, bank deposits and favourable balances which may be disposed of by the accounts opened in credit institutions may be taken on board, provided that, by reason of the executive title, it is determined, by means of order, an amount as the maximum limit.

From what exceeds that limit you will be able to run freely.

Article 589. Manifestation of executed goods.

1. Unless the executing person points out property, however, which he considers sufficient for the purpose of the execution, the court shall, by means of providence, require the execution of the executing person to make sufficient goods and rights to cover the goods. the amount of the execution, with the expression, where appropriate, of charges and charges, as well as, in the case of buildings, if they are occupied, by which persons and with which title.

2. The requirement for the execution of the event of his property shall be made with a warning of the sanctions which may be imposed on him, at least for serious disobedience, if he does not present the relationship of his property, including in it goods which they are not their own, exclude their own property, or do not disclose the charges and charges against them.

3. The court may also, by means of providence, impose periodic penalty payments on the executed person who does not respond properly to the requirement referred to in the preceding paragraph.

To fix the amount of the fines, account shall be taken of the quantity for which execution has been issued, the resistance to the presentation of the relationship of goods and the economic capacity of the required one, which may be modified or the economic award shall be left without effect in the light of the subsequent conduct of the requested party and the arguments which it may make to justify it.

Article 590. Judicial investigation of the estate of the executed.

At the request of the executing person who cannot designate sufficient executed assets for the purpose of the execution, the court shall, by providence, agree to address the financial institutions, public bodies and registers and persons (a) physical and legal means to be provided by the executing person to facilitate the relationship of the goods or rights of the executed person from which they are established. In formulating these particulars, the applicant must express succinctly the reasons why he considers that the entity, body, register or person concerned has information on the assets of the person who was executed.

The court will not claim data from bodies and records when the performer could obtain them by himself, or through his/her attorney, duly empowered by his/her power.

Article 591. Duty of collaboration.

1. All public and private individuals and entities are obliged to provide their collaboration in the execution proceedings and to provide to the court how many documents and data they have in their possession, with no limitations other than those that impose respect to the courts. fundamental rights or limits which, for certain cases, expressly impose laws.

2. The court, after hearing the persons concerned, may, by means of providence, impose periodic penalty payments on persons and entities who do not provide the cooperation required by the court in accordance with the preceding paragraph. In the application of these awards, the court shall take into account the criteria laid down in Article 589 (3

.

3. Where, pursuant to the first paragraph of this Article, the court receives data other than the purpose of the execution, it shall take the necessary measures to ensure the confidentiality of those data.

Article 592. Order on the liens. Business embargo.

1. If the creditor and debtor have not agreed otherwise, in or out of execution, the court shall seize the assets of the executed person seeking to take into account the greater ease of his disposal and the less onerous nature of the execution.

2. If the application of the criteria laid down in the previous paragraph is impossible or very difficult to apply, the goods shall be seized in the following order:

1. º Money or current accounts of any kind.

2. º Credits and rights realisable in the event or in the short term, and securities, securities or other financial instruments admitted to trading on an official secondary stock market.

3. º Jewels and art objects.

4. Rentas in money, whatever their origin and the reason for their accrual.

5. º Interests, incomes and fruits of all species.

6. ' movable or semi-movable property, shares, securities or securities not admitted to official listing and social interests.

7. Real Estate.

8. º Salaries, salaries, pensions and income from professional and commercial activities.

9. º Credits, rights and values achievable in the medium and long term.

3. The embargo on undertakings may also be enacted where, under all circumstances, the embargo on its various assets is preferable.

SECTION 2 OF THE EMBARGO ON THIRD-PARTY GOODS AND ON DOMAIN TERCERIA

Article 593. Membership of the executed. Ban on the seizure of the embargo.

1. In order to judge on the execution of the goods he intends to embark, the court, without the need for investigations or other actions, shall be based on external indicia and signs from which he can reasonably be deduced.

2. When, by direct perception or by demonstrations of the executed or other persons, the court has reasonable grounds for understanding that the goods which it is proposed to work may belong to a third party, it shall order by means of providence know the imminence of the work. If, within five days, the third party fails to appear or does not give reasons, the court shall give the goods the right to work, unless the parties, within the same period of time granted to the third party, have given the court their consent. that the embargo should not be carried out. If the third party is reasonably opposed to the embargo by providing, where appropriate, the documents justifying its right, the court, hearing the parties, shall decide as appropriate.

3. In the case of goods whose domain is susceptible to registration, it will be ordered, in any case, to the fact that the third party is not entitled to be a registrant through the corresponding certification of the Registrar, with the exception of the the right of any non-attached holders, who may be exercised against whom and as appropriate.

By way of derogation from the foregoing paragraph, where the property of the lien in question is the family dwelling of the third party and the latter shall submit to the court the private document justifying its acquisition, it shall be transferred to the parties and, if they, within a period of five days, express in their agreement that the embargo is not carried out, the court shall refrain from agreeing.

Article 594. Subsequent transmission of non-executed foreclosed goods.

1. However, the embargo on goods which do not belong to the executed will be effective. If the true proprietor does not assert his rights by means of the third-party domain, he shall not contest the disposal of the goods on board, if the dealer or the successful tenderer has acquired them in an irvindictable manner, in accordance with the provisions laid down in Article 1 (1) of the in substantive legislation.

2. The provisions of the preceding paragraph shall be without prejudice to the actions of compensation or unjust enrichment or the nullity of disposal.

Article 595. Domain terceria. Legitimization.

1. It may interpose domain terms, in the form of a lawsuit, who, without being a party to the execution, claims to own a property that has been seized as belonging to the one executed and that has not acquired it once the embargo has been blocked.

2. They may also institute third parties for the seizure of the embargo, who are rightholders who, by way of express legal provision, may object to the seizure or to the enforcement of one or more assets seized as belonging to the executed.

3. With the demand for domain terms, a principle of proof must be provided in writing on the basis of the claim of the third party.

Article 596. Moment of interposition and possible flat rejection of the domain terceria.

1. The third party shall be able to intervene since the property or property concerned has been seized, even if the embargo is preventive.

2. The court shall, by order of order, reject outright the application for the domain of third-party third-party third-party third-party third-country third-country third-country third-country third-country third-country third-country third-country third-country third-country third-country third-country third-country third-country third-country, the time when, in accordance with the provisions of the civil legislation, the transfer of the good to the creditor or the third party who acquires it in public auction takes place.

Article 597. Prohibition of second and subsequent third-party terms.

In no case shall any second or subsequent third-party be permitted on the same goods, founded on titles or rights that the interpose to the time of formulating the first.

Article 598. Effects of the admission of the third party.

1. The admission of the third party claim shall only suspend the performance in respect of the good to which it relates.

2. The court, after hearing the parties if it considers it necessary, may make the admission of the demand for third party conditional on the third party to be liable for the damages which it may cause to the executing creditor. This course may be granted in any of the forms referred to in the second subparagraph of Article 529 (3

.

3. The admission of a terceria of dominion shall be sufficient reason for the court, at the request of a party, to order, by means of providence, the improvement of the embargo.

Article 599. Competence and substantiation.

The domain of domain, which must be brought before the court that knows of the execution, will be substantiated by the procedures provided for the ordinary judgment.

Article 600. Passive legitimisation. Voluntary litisconsortium. Intervention of the non-respondent executed.

The demand for the third party shall be brought in front of the executing creditor and also against the executing creditor when the property to which it relates has been by the designated person.

Even if you have not addressed the demand for third-party terms against the execution, you may be involved in the procedure with the same procedural rights as the parts of the third party.

Article 601. Object of the domain terceria.

1. In the domain of the third party, no more pretence of the third party than that directed at the lifting of the embargo will be admitted.

2. The executor and, if applicable, the executed person, shall not be able to claim in the terceria of dominion but the maintenance of the embargo or the subjection to the execution of the well object of terceria.

Article 602. Effects of the non-response.

If the defendants do not answer the demand for domain terceria, they will be understood to admit the facts alleged in the lawsuit.

Article 603. Resolution on the terceria.

Domain terceria will be resolved by means of order, which will decide on the membership of the good and the origin of its embargo to the only effects of the execution in progress, without producing effects of res judicata in relation with the ownership of the good.

The order of the third party shall decide on the costs, in accordance with the provisions of Articles 394 et seq. of this Law. Defendants who do not reply shall not be ordered to pay the costs, unless the court, duly reasoning, appreciates bad faith in their procedural action, taking into account, where appropriate, the intervention they have had in the proceedings to which they are refer to paragraphs 2 and 3 of Article 593.

Article 604. Estimate resolution and lifting of the embargo.

The car that considers the domain terceria will order the lifting of the lock and the removal of the deposit, as well as the cancellation of the preventive annotation and any other measure of guarantee of the embargo of the good to which the terceria Refer to.

SECTION 3 OF THE INTANGIBLE ASSETS

Article 605. Goods absolutely inembargable.

Not at all embargables:

1. The goods that have been declared inalienable.

2. º The accessory rights, which are not alienable regardless of the principal.

3. The goods that lack, on their own, heritage content.

4. The goods expressly declared to be non-embargable by any legal provision.

Article 606. Non-embargable assets of the executed.

They are also inembargable:

1. The furniture and the menaje of the house, as well as the clothes of the executed and his family, in what cannot be considered superfluous. In general, goods such as food, fuel and others which, in the judgment of the court, are essential for the execution and the persons of the dependents to be able to meet with reasonable dignity to their subsistence.

2. º The books and instruments necessary for the exercise of the profession, art or trade to which the executed is dedicated, when its value is not commensurate with the amount of the claimed debt.

3. The sacred goods and those dedicated to the cult of legally registered religions.

4. º The amounts expressly declared to be inembargable by Law.

5. The goods and quantities declared inembargable by treaties ratified by Spain.

Article 607. However, salaries and pensions.

1. The salary, salary, pension, remuneration or its equivalent, which does not exceed the amount indicated for the minimum inter-professional salary, is inembargable.

2. Salaries, wages, wages, salaries or pensions which are higher than the minimum inter-professional salary shall be taken on board in accordance with this scale:

1. For the first additional amount up to the amount of double the interprofessional minimum wage, 30 per 100.

2. º For the additional amount up to the amount equal to a third interprofessional minimum wage, 50 per 100.

3. For the additional amount up to the amount equal to a fourth interprofessional minimum wage, 60 per 100.

4. º For the additional amount up to the amount equal to a fifth interprofessional minimum wage, 75 per 100.

5. º For any amount that exceeds the previous amount, 90 per 100.

3. If the executed is a beneficiary of more than one perception, all of them will be accumulated to deduce once the inembargable part. Equally, the wages, salaries and pensions, remuneration or equivalent of the spouses shall be cumulable if the economic regime governing them is not that of the separation of goods and income of all kinds, which must be credited to the court.

4. In the case of family charges, the court may apply a reduction from 10 to 15 per 100 in the percentages set out in the numbers 1, 2, 2, 3 and 4. of paragraph 2 of this Article.

5. If wages, salaries, pensions or remuneration were taxed at permanent or temporary discounts of a public nature, due to the tax, tax or social security legislation, the amount of the amount collected by the person executed, deduced these, it will be the one that serves as a type to regulate the embargo.

6. The previous paragraphs of this Article shall apply to revenue from professional and commercial activities.

Article 608. Execution by conviction for food delivery.

The provisions of the foregoing Article shall not apply where the execution of a judgment in respect of the payment of food is carried out, in all cases where the obligation to satisfy them is directly covered by the Law, including statements of judgments given in cases of invalidity, separation or divorce on food due to the spouse or children. In these cases, as well as those of the corresponding precautionary measures, the court will fix the amount that can be foreclosed.

Article 609. Effects of the work on non-embargoed goods.

The embargo on non-embargoable goods will be null and void.

The executed person may report this nullity to the court by means of ordinary appeals or by simple appearance before the court if he had not been personified in the execution or wished to do so.

Article 610. However. Effects.

1. The goods or rights embargoed will be able to be reloaded and the embargo will give to the reembargant the right to perceive the product of what is obtained from the realization of the reloaded goods, once satisfied the rights of the performers to the instance of which has been enacted, or, without the need for such prior satisfaction, in the case of the second subparagraph of the following paragraph.

2. If, for any reason, the first lien, the performer of the process in which the first embargo was worked, shall remain in the position of the first performer and may request the forced realization of the reloaded goods.

However, the reembargant may request the forcible realization of the reloaded goods, without the need for the lifting of the earlier embargo or embargoes, when the rights of the previous embargoes are not to be seen affected by that realization.

3. The implementor of the processes in which the decision is delayed may ask the court to take measures to guarantee that it does not obstruct an earlier execution and are not incompatible with those adopted in favour of first achieved the embargo.

Article 611. Leftover embargo.

Without prejudice to the provisions of Article 588, the embargo may be requested for what I shall spare in the forcible realization of goods held in another execution already dispatched.

The amount thus obtained will be entered into the Deposits and Consignations Account at the disposal of the Court that ordered the seizure of the excess.

When the goods made are immovable, the amount that will be left over after the execution is paid, as well as the creditors who have their right registered or recorded after the one of the performer and who have preference on the creditor in whose favour the embargo of the surplus was agreed.

Article 612. Improvement, reduction and modification of the embargo.

1. In addition to the provisions of Articles 598 and 604 for the cases of admission and estimation, respectively, of a third party domain, the applicant may request the improvement or modification of the embargo or of the security measures taken when a change of circumstances allows to doubt the sufficiency of the goods seized in relation to the charge of the responsibility of the executed one. The executing person may also request the reduction or modification of the lien and his or her guarantees, where such a reduction may be without danger for the purposes of the execution, in accordance with the criteria laid down in Article 584 of the Law.

The court will provide by providence on these petitions according to their criteria, without further recourse.

2. The improvement of the embargo may also be agreed in the cases provided for in the fourth paragraph of the following Article.

SECTION 4. PRIORITY OF THE LIEN AND THE BEST-RIGHT TERCERIA

Article 613. Effects of the embargo. Preventive annotations and third-party holders.

1. The embargo grants the executing creditor the right to receive the proceeds from the performance of the assets seized in order to satisfy the amount of the debt held in the title, the interests that come and the costs of the execution.

2. Without being completely reintegrated with the capital and interest of its credit and all the costs of the execution, the sums made to no other object which has not been declared preferential by judgment given in the case may not be applied. Best-right terceria.

3. Without prejudice to the provisions of the preceding paragraph, where the goods are of the classes which permit the preventive entry of their lien, the liability of the third holders who have acquired such goods in another execution, shall limit the amounts which, for the satisfaction of the principal, interest and costs, appear in the annotation on the date on which they entered their acquisition.

4. The executing person may request that the increase in the amount of interest accrued during the execution and the costs of the aid, by crediting that some and others have exceeded the amount, should be stated in the preventive note. quantity which, by such concepts, shall be recorded in the previous annotation.

Article 614. Best-right terceria. Purpose. Second terceria ban.

1. Those who claim that they have a right to have their credit satisfied with preference to that of the executing creditor may lodge a claim for better law, which must be accompanied by a principle of proof of the claim which is claimed preference.

2. The demand for third-party third-party teerceria shall not be admissible if the principle of proof referred to in the preceding paragraph is not attached. And, in no case, will it be possible to allow for the second best-law third-party, which merges in titles or rights that the one that interputs it at the time of formulating the first one.

Article 615. Best-right terceria time.

1. The best-right third party shall proceed from the fact that the property referred to in the preference has been foreclosed, if this is special or since it has been implemented, if any.

2. The application of third-party third-party law shall not be admissible after the sum obtained by the enforcement or, in the case of the award of the goods seized to the performer, has been delivered to the executing person, after the latter has acquired the property of such goods in accordance with the provisions of civil law.

Article 616. Effects of the best-right terceria.

1. Interlocking of the best right, the forced execution will continue until the embargoed goods, depositing what is collected in the Account of Deposits and Consignations to reintegrate the performer on the coasts of the execution and to make payment to creditors for the order of preference to be determined when settling the third party.

2. If the best-known third-party third-party third-party third-party third-party third-party third-party third-party member of the European Union is entitled to have his or her credit, he may intervene in the execution of the third party If he does not have an executive title, the third party may not intervene until, where appropriate, the application is considered.

Article 617. Procedure, passive legitimisation and litisconsortium.

1. The best-right terceria will be substantiated by the ordinary judgment channels and will always be directed against the executing creditor.

2. The executed person may intervene in the third-party procedure with full procedural rights and must be sued when the credit whose preference is given by the third party is not included in an executive title.

Article 618. Effects of the non-response.

If the defendants do not answer the demand for best-right terceria, they will be understood to admit the facts alleged in the lawsuit.

Article 619. Search and withdrawal of the performer. Participation of the third party in preference to the costs of implementation.

1. Where the credit of the third party is on the basis of executive title, if the performer is raided at the best-right terceria, it will be dictated, without further formalities, to order the execution to be carried out in order to satisfy the third party in the first place, but not the amount shall be delivered without having been satisfied to the performer by the three fifths of the costs and expenses incurred by the actions carried out at their request until the notification of the demand for the third party.

If the credit of the third party is not enforceable, the executed person who is in the position of the third party must express his or her conformity or disconformity with the search of the performer within five days of the one in which he had been given a transfer of the search. If the execution is shown in accordance with the break-in or the time limit is allowed to elapse without expressing its disagreement, it shall be carried out in accordance with the provisions of the preceding paragraph. When the execution is opposed to the raid, a car will be issued with the execution of the execution and the third party will continue to be executed.

2. If the demand for third-party proceedings is notified, the executing officer shall withdraw the application, as set out in the preceding paragraph, without the need to obtain the conformity of the executed person, provided that the third party's credit is Executive title. If this is not the case, the court will decide to withdraw the execution process, and it will terminate the process, unless the executed person agrees that it will continue to satisfy the credit of the third party.

Article 620. Effects of the judgment. Costs of the outsourcing and participation of the third party in the costs of the execution.

1. The judgment given in the best-right terceria will decide on the existence of the privilege and the order in which the credits must be satisfied in the execution in which that judgment falls, but without prejudging other actions than to each other may correspond, especially those of enrichment.

Also, if the sentence dismissed the terceria, it will condemn all the coasts of the third party. When the estimate is made, it shall be imposed on the applicant who has replied to the application and, if the person executed has intervened, also opposing the third party, shall impose them, in half with the applicant, except where, for the purpose of the The third party would have been involved only with the execution, in which case the costs will be imposed on it in its entirety.

2. As long as the judgment considers the third party to be the best right, the third party may not be handed over to the third party, until the three fifths of the costs incurred in the execution have been satisfied to the performer. in which the judgment is placed.

SECTION 5 OF THE GUARANTEE OF THE HOLDING OF MOVABLE PROPERTY AND RIGHTS

Article 621. Guarantees of the embargo of money, current accounts and salaries.

1. If the embargoed is money or convertible currency, they will be entered into the Deposit and Consignations Account.

2. Where favourable balances on accounts of any kind opened in credit, savings or financing institutions are taken out, the court shall send the institution to the institution of the holding of the individual amounts which are either foreclosed or with the maximum limit to which refers to the second paragraph of Article 588.

3. In the case of an embargo on wages, pensions or other periodic benefits, the person, entity or paying office shall be ordered to make them available to the court and transfer them to the Deposit and Consignations Account.

Article 622. Guarantee of the embargo of interest, income and fruits.

1. When the lien is interest, income or fruits of all kinds, a withholding order shall be sent to the person who is required to pay them or directly to them, even if it is the execution itself, so that, if they are interests, they shall be entered on the account of the Deposits and Consignations or, if they were of another class, make them available to the court.

2. The court shall only agree by providence on the judicial administration in order to guarantee the embargo of fruits and incomes, when the nature of the goods and the productive rights, the importance of the interests, the income or the fruits circumstances in which the executed is reasonably advised to do so.

3. The court may also agree to the judicial administration when it is established that the paying or receiving entity or, where appropriate, the same executed, does not comply with the order for the retention or income of the fruits and income referred to in paragraph 1. first of this article.

Article 623. Guarantee of the attachment of securities and financial instruments.

1. If the lien were securities or other financial instruments, the lien shall be notified to the person who is obliged to pay, in the event that the payment is made periodically or on a determined date, or to the issuing institution, in the event that they are redeemable or depreciable at the will of the holder or owner thereof. A notification of the embargo shall be added to the requirement that, on expiry or, in the event of no expiration, on the act of receipt of the notification, the amount or the same value or instrument shall be retained at the court's disposal. financial, as well as the interest or dividends that, if any, they produce.

2. In the case of securities or financial instruments which are listed on official secondary markets, the notification of the embargo shall be made to the governing body for the purposes of the preceding subparagraph, and, where appropriate, the governing body shall notify the entity in charge of clearing and settlement.

3. If shares in civil, collective, and other companies, in limited liability companies or shares not listed on official secondary markets, are taken up, the embargo shall be notified to the directors of the company. they must inform the court of the existence of covenants of limitation to the free transfer of shares or any other statutory or contractual clause affecting the shares in question.

Article 624. Diligence of freezing of movable property. Embargo guarantee.

1. Where movable property is to be seized, the following ends shall be included in the act of the due diligence:

1. The relation of the goods shipped, with description, as detailed as possible, of their shape and appearance, main characteristics, state of use and conservation, as well as the clear existence of defects or taras that could influence in a decrease in its value. To this end, the means of graphic or visual documentation shall be used for the Court to have or to provide any of the parties for their best identification.

2. º Manifestations made by those who have intervened in the embargo, in particular those that refer to the ownership of the embargoed things and any right of third parties.

3. The Person to whom the depositary is designated and the place where the goods are deposited.

2. From the act on which the due diligence of the freezing of movable property shall be made, copies shall be given to the parties.

Article 625. Consideration of public effects or flows.

The amounts of money and other assets that have been foreclosed will have, since the deposit or order is ordered, the consideration of public effects or flows.

Article 626. Court deposit. Appointment of depositary.

1. If securities or items which are particularly valuable or in need of special preservation are taken on board, they may be placed in the most appropriate public or private establishment.

2. If the lien movable property is held by a third party, it shall be required by providence to keep them at the disposal of the court and shall be appointed as a judicial depository, unless the court is motivated to resolve otherwise.

3. A depositary shall be appointed if it is intended for the purpose of the goods being placed on a productive activity or if it is difficult or expensive to transport or storage.

4. In cases other than those referred to in the preceding paragraphs or where it considers it more appropriate, the court may appoint a depositary of the assets seized from the executing creditor or, by hearing it, a third party.

The appointment may fall to the Attorneys ' Colleges, provided that they have an adequate service to assume the responsibilities legally established for the depositary.

5. The attachment of securities represented in an account shall be communicated to the body or entity which carries the register of entries into account in order to record it in the respective book.

Article 627. Responsibilities of the depositary. Interim Depositaries.

1. The judicial depository shall be obliged to keep the goods with due diligence at the disposal of the Court, to show them in the conditions which the Court of Justice tells him and to deliver them to the person whom the court designates.

At the request of a party or, of its own motion, if it does not comply with its obligations, the court by providence may remove from its position the depositary, designating another, without prejudice to the criminal and civil liability in which it has been able to The depository is removed.

2. Until the depositary is appointed and the goods are delivered to it, the obligations and liabilities arising from the deposit shall be the responsibility, without prior acceptance or requirement, to the execution and, if known, to the administrators, representatives or managers or the third party in whose possession the goods were found.

Article 628. Expense of the deposit.

1. If the depositary is a person other than the performer, the executed person and the third holder of the movable object of the deposit shall be entitled to reimbursement of the costs incurred in the transport, preservation, custody, exhibition and administration of the goods. of the goods, being able to be agreed by the court, by means of providence, the advance of some amount by the performer, without prejudice to its right to the reimbursement in concept of the coasts.

The third-party depositary shall also be entitled to be reviewed for any damages caused by the deposit.

2. Where matters are placed in an appropriate entity or establishment, as provided for in Article 626 (1), the court shall, by means of providence, set a remuneration in accordance with the usual rates and prices. The applicant shall be responsible for this remuneration, without prejudice to his right to reimbursement of costs.

SECTION 6 OF THE GUARANTEE OF THE FREEZING OF BUILDINGS AND OTHER GOODS THAT ARE ELIGIBLE FOR REGISTRATION

Article 629. Embargo preemptive annotation.

1. Where the embargo is placed on immovable property or other goods or rights which are subject to registration, the court, at the request of the executing person, shall hold a warrant to make the seizure of the property register in the Register of Property or an equivalent effect annotation on the appropriate register. The same day of their issue, the order will be sent by fax from the court to the Registry of the Property, where the corresponding seat of presentation will be extended, the practice of the annotation being suspended until the original document in the form provided for by the mortgage legislation.

2. If the property is not registered, or if it is registered in favour of a person other than the person executed, but of which it brings the right of the person, it may be taken as a preventive record of suspension of the attachment of the embargo, in the form and with the expected effects on mortgage legislation.

SECTION 7 OF THE COURT ADMINISTRATION

Article 630. Cases where appropriate.

1. A judicial administration may be established when any undertaking or group of undertakings is embarked upon or when shares or units representing the majority of the share capital, the common heritage or the goods or rights are taken on board. belonging to the undertakings, or attached to their holding.

2. A judicial administration may also be established for the guarantee of the lien and the income, in the cases provided for in Article 623 (2) and (3

.

Article 631. Constitution of the administration. Appointment of administrator and controller.

1. In order to constitute the judicial administration, the parties and, where appropriate, the directors of the companies, where they are not the executed party, as well as the partners or members whose shares or shares do not know, shall be summoned. they have embarked, in order to reach an agreement or make the appropriate arguments and evidence concerning the appointment of an administrator, a person who is required to carry out such a charge, whether or not to require a course of action, whether or not to take action; Pre-existing administration, accountability and remuneration.

Interested parties who do not appear unjustifiably will be satisfied with what is agreed by the comparents.

At the extremes where there is no agreement or mediation by any of the parties, the court shall, by means of providence, decide what it deems appropriate on the judicial administration.

2. If the court agrees to the judicial administration of a company or group of undertakings, it shall appoint a financial controller appointed by the holder or the company's owners or undertakings and if the majority of the share capital or the majority of the shares is taken on board. the goods or rights belonging to an undertaking or attached to its holding shall be appointed by two financial controllers, appointed, one by the majority concerned, and the other by the minority.

3. The appointment of a judicial administrator shall be registered, where appropriate, in the Register. Judicial administration shall also be entered in the Land Registry when it affects real estate.

Article 632. Content of the administrator charge.

1. When replacing pre-existing administrators and no other provision is available, the rights, obligations, powers and responsibilities of the judicial administrator shall be those of the ordinary nature of the replacement, but shall require judicial authorisation to dispose or tax units in the undertaking or in others, immovable property or any other property which, by its nature or importance, is expressly stated by the court.

2. If there are financial controllers designated by the persons concerned, the administrator shall call them to an appearance, the result of which shall be followed by the court, which shall decide by means of providence.

Article 633. Form of the administrator's action.

1. The judicial administration will be agreed upon, and the designated one will be given immediate possession, requiring the execution to cease in the administration until then.

2. Any discrepancies arising out of the acts of the administrator shall be settled by the court, by means of providence, after hearing the parties concerned and without prejudice to the right to oppose the final account to be provided by the administrator.

3. From the justified final account presented by the administrator, the parties and the financial controller shall be given the opportunity to challenge it within a period of five days, which may be extended until 30 days. The opposition will be resolved after summoning the parties concerned. The order that will be issued will be appealed on appeal.

CHAPTER IV

From the aaward procedure

SECTION 1. GENERAL PROVISIONS FOR THE IMPLEMENTATION OF THE GOODS SHIPPED

Article 634. Direct delivery to the performer.

1. The court shall deliver directly to the executing person, at face value, the liens that are:

1. Effective Money.

2. º Current and other account balances of immediate disposition.

3. º Convertible Currency, prior to conversion, if applicable.

4. º Any other well whose nominal value matches its market value, or which, although lower, the creditor accepts the delivery of the good at face value.

2. In the case of favourable account balances, with deferred maturity, the court itself shall take the appropriate measures to ensure its recovery, and may appoint an administrator where appropriate or necessary for its implementation.

3. In the execution of judgments which condemn the payment of the amounts due for non-compliance with contracts for the sale of movable property, if the applicant so requests, he shall be given immediate delivery of the goods or movable goods sold or financed. The time limits for the value resulting from the reference tables or indices of depreciation that would have been established in the contract.

Article 635. Actions and other forms of social participation.

1. If the lien assets are shares, bonds or other securities admitted to trading on a secondary market, they shall be ordered to be in accordance with the laws governing these markets.

The same will be done if the well-shipped is listed on any regulated market or can access a market with official price.

2. If the shares or shares in any class, which are not listed on the stock exchange, are taken on board, the performance shall be made in accordance with the statutory and statutory provisions on the disposal of the shares or units and, in particular, the the preferential acquisition rights.

In the absence of special provisions, the realization will be done through notary or collegiate commerce broker.

Article 636. Realization of goods or rights not included in the previous articles.

1. The goods or rights not included in the foregoing articles shall be made in the form agreed between the parties and interested and approved by the court, in accordance with the provisions of this Law.

2. In the absence of an agreement to carry out, the disposal of the seized goods shall be carried out by means of one of the following procedures:

1. Enajenation by means of a person or specialized entity, in the cases and in the manner provided for in this Law.

2. Judicial Auction.

3. Without prejudice to the provisions of the preceding paragraphs, once the goods have been seized, the necessary action shall be taken for the judicial auction of the goods, which shall take place on the day indicated if the goods are not requested and ordered, As provided for in this Law, the forced realization will be carried out differently.

SECTION 2. VALUATION OF FORECLOSED ASSETS

Article 637. Avaluo of the goods.

If the liens are not of those referred to in Articles 634 and 635, they shall be carried out on their own, unless they have been executed and executed by agreement on their value, before or during the execution.

Article 638. Appointment of expert appraiser, recusal and execution intervention and executed in the appraisal.

1. In order to assess the goods, the expert expert shall be appointed, corresponding to those who serve in the Administration of Justice. In the absence of these, the assessment may be entrusted to technical bodies or services dependent on public administrations which have qualified staff and have undertaken the commitment to cooperate with the administration. The Court of Justice and, if these bodies or departments cannot be used, shall be appointed as the expert of the natural or legal persons who appear in a relationship, which shall be formed by the lists provided by the competent public authorities. to confer ratings for the valuation of goods, as well as the Colleges professionals whose members are legally qualified for such an assessment.

2. The expert appointed by the court may be challenged by the executing person and the executed person who has appeared.

Article 639. Action of the designated expert and intervention of the parties and subsequent creditors in the assessment.

1. The appointment shall be notified to the designated expert, who on the following day shall accept it, if there is no reason for abstention.

2. The expert shall submit the valuation of the assets seized to the court within eight days from the acceptance of the order. Only for justified reasons, which the court shall provide by means of providence, may this period be extended on the basis of the amount or complexity of the assessment.

3. The valuation of goods or rights shall be done by their market value, without taking into account, in the case of real estate, the charges and levies that weigh on them, for which the provisions of the article 666 will be.

4. Until five days after the court appointed by the court has given the valuation of the assets, the parties and creditors referred to in Article 658 may submit claims to that assessment, as well as reports, (a) the value of the goods or goods which are the subject of the assessment. In such a case, the court, in the light of the arguments put forward and appreciating all the reports according to the rules of sound criticism, shall determine, by means of providence, without further appeal, the definitive assessment for the purposes of the execution.

SECTION 3 OF THE REALIZATION CONVENTION

Article 640. Judicially approved implementation agreement.

1. The executing, the executed and who accredit direct interest in the execution will be able to ask the court to call an appearance in order to agree the way of more effective realization of the mortgaged, pignorated or embargoed goods, front to which the execution is directed.

2. If the performer is shown in accordance with the appearance and the court will not find reasonable grounds for denying it, he shall agree to it by means of providence, without suspension of execution, by summoning the parties and those who are in the process could be interested.

In the appearance, which other persons may attend, at the invitation of the executing or executed, the assistants may propose any form of realization of the goods subject to the execution and present to the person who, it is offered to acquire or entrench such goods for a price likely to be higher than that which could be achieved by the court auction. It will also be possible to propose other forms of satisfaction of the right of the performer.

3. If an agreement is reached between executing and executed, which cannot cause harm to third parties whose rights protect this Law, the court shall approve it by order and suspend the execution in respect of the goods or goods covered by the agreement. It shall also approve the agreement, with the same suspensory effect, if it includes the conformity of the subjects, other than executing and executed, to whom it shall affect.

When the agreement relates to goods that are eligible for registration, the agreement of the creditors and third parties who have registered or entered their rights in the Register will be necessary for their approval. corresponding after the charge that is running.

4. Where compliance with the agreement is established, the execution of the goods or goods concerned shall be dismissed. If the agreement is not fulfilled within the agreed period or, for any reason, the satisfaction of the performer is not achieved in the agreed terms, it may be requested that the suspension of the execution be lifted and the auction proceed, in the form provided for in this law.

5. If the agreement referred to in the third paragraph of this Article is not achieved, the appearance to try may be repeated, under the conditions laid down in the first two paragraphs of this Article, where the circumstances of the case are advise, in the judgment of the court, for the best realization of the goods.

SECTION 4 OF THE REALIZATION BY PERSON OR SPECIALIZED ENTITY

Article 641. Realization by person or specialized entity.

1. The court may, at the request of the executing person or of the person executed with the consent of the executing person, and where the characteristics of the well-embarked so advise, agree, by means of providence, that the good is carried out by a specialised and knowledgeable person the market in which these goods are bought and sold and where the legally required requirements for operating in the market concerned are met.

The court may also agree, when so requested in the terms provided for in the preceding paragraph, that the property be enaged by means of a public or private specialized entity. Where available, the disposal shall be accommodated in accordance with the rules and uses of the house or entity which is being auctioned or sold, provided that they are not incompatible with the purpose of the execution and with the proper protection of the executing and executing interests.

2. In the case of the previous paragraph, the person or specialised entity shall be liable for the amount which the court determines in order to respond to the performance of the order. No caution shall be required when the realisation is entrusted to a public entity.

3. The performance shall be entrusted to the person or entity designated in the application, provided that it meets the legally required requirements. The same resolution shall determine the conditions under which the performance is to be carried out, in accordance with what the parties have agreed. In the absence of agreement, the goods may not be disposed of for a price less than 50 per 100 of the value.

By way of derogation from the preceding paragraph, where the goods to be made are immovable, the determination of the person or entity to whom the performance is to be entrusted and the conditions under which it is to be effected shall be made prior to the appearance to which the parties will be convened and those who are in the process who may be interested. The court shall decide, by means of providence, whatever it deems appropriate, in the light of the statements of those attending the hearing, but may not authorize the disposal to be carried out at a price below 70 per 100 of the value which is has given to the building in accordance with the provisions of article 666, except that the agreement of the parties and of all the interested parties, have attended or not to the appearance.

4. As soon as the performance of the goods is consumed, the person or entity corresponding to the deposit and Consignations account will be made the amount obtained, discounting the expenses incurred and corresponding to those for his intervention. The court must approve the operation or, where appropriate, request the appropriate justifications for the performance and its circumstances. If the operation is approved, the security provided by the person or entity entrusted with the operation shall be returned.

5. Where, after six months from the order, the performance has not been carried out, the court shall order to revoke the order, unless it is justified by the person or entity to which it was carried out that the performance has not may be completed within the period specified for reasons which are not attributable to him and which, because such reasons have already disappeared or for the foreseeable disappearance of such reasons, the order may be completed within the time limit which is offered and which may not exceed the next six months. After the end of the period without the order being fulfilled, it shall be definitively revoked.

Revoked the order, the course will be applied for the purposes of the execution, unless the person or entity who has lent it to it accredit that the realization of the good has not been possible for causes that are not imputable to him.

Article 642. Subsistence and cancellation of loads.

1. The provisions of this Law on the subsistence and cancellation of charges shall also apply where, in accordance with the provisions of this Section and in the preceding section, the ownership of mortgaged or foreclosed properties is transmitted.

2. For the purposes of the preceding paragraph, the provisions which are produced in accordance with the provisions of the two preceding articles shall be approved by the court of execution, by means of providence, after verification that the the transfer of the goods was produced with knowledge, by the acquirer, of the registration situation resulting from the certification of charges.

Approved the transmission, will be available for the auction of real estate in respect of the distribution of the sums collected, registration of the right of the acquirer and commandment of cancellation of charges.

SECTION 5 OF THE AUCTION OF MOVABLE PROPERTY

Article 643. Preparation of the auction. Foreclosed goods with no relevant value.

1. The auction shall be for the sale of one or more goods or lots of goods, depending on what is most appropriate for the good purpose of the execution. The formation of the lots shall be the responsibility of the Judicial Secretary, after hearing the parties. To this end, before the auction is announced, the parties shall be placed for five days to submit what they have for the purpose of the formation of lots for the auction.

2. No auction of goods or lots of goods shall be called when, according to their assessment or final assessment, it is foreseeable that, with their performance, no amount of money will be obtained that exceeds, at least, the costs incurred by the same auction.

Article 644. Auction call.

Once the movable property has been justified, the date shall be set for the conclusion of the auction, with the expression of the time and place to be held.

Article 645. Advertising.

1. Any auction shall be given by means of edicts, which shall be fixed at the site, public and visible at the seat of the court and public places of business.

In addition, at the request of the executing or the executed and if the court considers it appropriate, the auction shall be given to the auction that is reasonable, using the public and private means that are more appropriate to the the nature and value of the goods to be carried out.

2. Each party shall be obliged to pay the costs arising from the measures which, for the advertising of the auction, would have requested, without prejudice to the costs which, for this purpose, the executor does support, in the settlement of costs.

Article 646. Content of the ads.

The edicts referred to in the first paragraph of the previous article shall include documents with all the conditions of the auction, general and private, if any, and any data and circumstances relevant to the auction. success of the auction.

The content of the advertising that will be carried out by other means will be accommodated to the nature of the medium that, in each case, will be used, seeking the largest economy of costs, and may be limited to the precise data to identify the property or lots of property, the value of the valuation of the goods, their position of possession, if they are immovable, in accordance with the provisions of Article 661, the place and date of conclusion of the auction and the indication of the place or place where they are located published the edicts.

Article 647. Requirements for bidding. Successful bidder.

1. To take part in the auction the tenderers must meet the following requirements:

1. Identify sufficiently.

2. Declare that they know the general and particular conditions of the auction.

3. Submit a reservation that they have deposited in the Deposit Account and Consignations or that they have provided bank guarantees for the 20 per 100 of the value of the value of the goods. Where the tenderer carries out the deposit with amounts received in whole or in part of a third party, it shall be entered in the safeguard for the purposes of Article 652 (2

.

2. The performer may only take part in the auction when there are tenderers, and may improve the positions that are made, without the need to record any amount.

3. Only the performer will be able to make a position reserving the right to give the auction to a third party. The transfer shall be verified by appearance before the court, with the assistance of the transferee, who shall accept it, and all prior to or at the same time as payment of the price of the auction.

The same faculty will have the performer in the cases where the adjudication of the foreclosed goods is requested in accordance with the provisions of this Law.

Article 648. Written positions.

From the announcement of the auction to its conclusion, positions may be taken in writing in closed and with the conditions of the previous article.

The envelopes will be kept closed by the Judicial Secretary and will be opened at the beginning of the auction event. The positions they contain will be made public with the others, having the same effects as those that are performed orally.

Article 649. Auction development and termination.

1. The act of the auction, which will be presided over by the Judicial Secretary, will begin with the reading of the relationship of goods, or, where appropriate, of the lots of goods and the special conditions of the auction. Each batch of goods shall be auctioned separately.

2. The Secretary of the Judiciary shall announce aloud the good or lot of goods to be auctioned and the successive positions that occur.

3. The auction will end with the announcement of the best posture and the name of who has formulated it.

The auction will be completed, the minutes of it will be lifted, expressing the name of those who would have participated and the positions they formulated.

Article 650. Approval of the auction. Payment. Award of goods.

1. When the best position is equal to or greater than 50 per 100 of the avaluo, the court, by car, on the same day or in the next one, will approve the auction in favor of the highest bidder. The amount of such position shall be entered in the remover, minus the amount of the deposit, within 10 days and shall be placed in the possession of the goods.

2. If it is the performer who has made the best position, equal to or greater than 50 per 100 of the endorsement, approved the auction, the Judicial Secretary shall proceed to the liquidation of what is due to principal and interest, and is notified of this settlement, the the applicant shall record the difference, if any, within 10 days of the settlement of costs.

3. If only positions greater than 50 per 100 of the value are made but offering to pay in instalments with sufficient guarantees, bank or mortgage, the lump-sum shall be made known to the performer, who, within five days, may ask for the the award of the goods by 50 per 100 of the value. If the performer does not make use of this right, the auction shall be approved for the best of those positions.

4. Where the best position offered in the auction is less than 50 per 100 of the value, the person may, within 10 days, present a third party which improves the position by offering a quantity exceeding 50 per 100 of the value of the assessment or which, less than that amount, is sufficient to achieve complete satisfaction of the right of the performer.

Elapsed the indicated period without the execution of the execution as provided for in the preceding paragraph, the performer may, within five days, ask for the award of the goods by the half of his value of appraisal or by the quantity which is owed to you by all concepts, provided that this amount is higher than the best posture.

When the performer does not use this power, the auction shall be approved in favour of the highest bidder, provided that the amount he has offered exceeds 30 per 100 of the value of the valuation or, being lower, covers at least the amount for which the execution has been issued, including the forecast for interest and costs. If the best position does not meet these requirements, the court, hearing the parties, shall decide on the approval of the auction in the light of the circumstances of the case and taking into account in particular the conduct of the debtor in relation to the compliance of the obligation under which the creditor is satisfied by the performance of other goods, the patrimonial sacrifice which the approval of the auction would entail for the debtor and the benefit of the debtor creditor. Where the court refuses to approve the auction, it shall be carried out in accordance with the provisions of the following

.

5. At any time prior to the approval of the auction or the award to the creditor, the debtor may release his assets by fully paying what is due to the principal, interest and costs.

Article 651. Auction without a bidder.

If at the auction event there is no bidder, the creditor may ask for the award of the goods by 30 per 100 of the value of the valuation or for the amount owed to it by all the concepts.

When the creditor, within twenty days, does not use that power, the embargo shall be lifted at the request of the person executed.

Article 652. Destination of the deposited deposits to bid.

1. Approved the auction, the amounts deposited by the bidders shall be returned except the one corresponding to the highest bidder, which shall be reserved in deposit as a guarantee of the fulfilment of its obligation, and, where appropriate, as part of the price of the sale.

However, if the other bidders so request, the amounts deposited by them will also be kept available to the court, so that, if the rematant does not deliver the remainder of the price, the auction can be approved in (i) favour of those who follow him, in the order of their respective positions.

2. The returns that come in accordance with the above paragraph shall be made to the bidder who made the deposit or to the person whom the deposit has designated for that purpose upon entering the Deposit Account and Consignations. If this designation has been made, the return may be made only to the designated person.

Article 653. Bankruptcy of the auction.

1. If none of the rematants referred to in the preceding Article shall enter the price within the prescribed period, or if they cease to have an effect on the sale, they shall lose the deposit which they have made and the auction shall take place, unless with deposits constituted by those rematants the capital and interest of the credit of the performer and the costs can be satisfied.

2. The deposits of the rematters which caused the auction to fail shall be applied for the purposes of the execution, in accordance with Articles 654 and 672, but the excess shall, if any, be given to the depositors. Where the deposits fail to satisfy the right of the performer and the costs, they shall first be used to satisfy the costs incurred by the new auction and the remainder shall be joined to the sums obtained in that auction and shall be applied in accordance with the provided for in Articles 654 and 672. In the latter case, if he has left over, he shall surrender himself to the executed person until he has completed the price offered at the auction and, where appropriate, shall be compensated for the reduction in the price which has occurred in the new auction; only after that compensation, it will be returned to the depositors.

3. Where the time limit for the payment of the price of the auction is not effected by the person who has made the designation referred to in the second paragraph of the preceding Article, the person designated to receive the refund of the deposit may require the order of approval of the auction to be issued in its favour, simultaneously entering the difference between the deposit and the price of the auction, for which it will have the same period of time granted to the rematante to make the payment, which will be counted from the expiration of this one.

Article 654. Payment to the executor and destination of the remnant.

1. The price of the auction shall be delivered to the performer on account of the quantity for which the execution has been issued and, if it exceeds that amount, the remainder shall be retained at the disposal of the court, until the liquidation of what is carried out, finally, is due to the performer and the amount of the costs of the execution.

2. The remainder that could exist after the forced realization of the goods, fully satisfied the performer and paid the costs, will be delivered to the executed one.

SECTION 6 OF THE RE AUCTION

Article 655. Scope of this section and application of the provisions of the previous section.

1. The rules of this section shall apply to the auctions of immovable property and to the auctions of movable property subject to a system of advertising registration similar to that of those.

2. In the auctions referred to in the preceding paragraph, the rules for the auction of movable property shall apply, except for the specialities set out in the following Articles.

Article 656. Domain and load certification.

1. Where the object of the auction falls within the scope of this section, the court shall hold the Registrar to whose office the Register concerned is located to refer to the Court of Certification in which the following are found: extremes:

1. The ownership of the domain and other real rights of the property or right taxed.

2. º The rights of any nature that exist on the registrable good, in particular, full relation of the registered loads that are taxed or, if applicable, that it is free of charge.

2. The Registrar shall record on a marginal note the issue of the certification referred to in the preceding paragraph, expressing the date and the procedure to which it relates.

Article 657. Information of extinguished or aminorated loads.

1. At the request of the executor, the court shall make direct the holders of the previous claims which are preferential to the one which served for the office of execution to report on the current subsistence of the guaranteed credit and its current amount. The creditors to whom this information is claimed shall indicate with the utmost accuracy whether the credit remains or has been extinguished for any cause and, in the case of subsistir, which amount remains to be paid, the due date and, in its the case, the time limits and the conditions under which the payment is to be made. If the claim is expired and not paid, it shall also be reported in respect of the late payment interest and the amount to which interest is paid for each day of delay. Where the preference results from an earlier embargo annotation, the outstanding amount of principal and interest due on the date on which the information is produced shall be expressed, as well as the amount to which the moratoria interest shall be which are payable for each day that elapses without the payment to the creditor and the forecast for costs.

The trades that are issued pursuant to the provisions of the preceding paragraph shall be delivered to the executor's attorney to ensure that they are complied with.

2. In the light of what the creditors referred to in the previous paragraph declare on the subsistence and the current amount of their claims, the court shall, at the request of the executing person, issue any of the commandments which come for the purposes of the Article 144 of the Mortgage Act.

Article 658. Well enrolled in person's name other than the one executed.

If the certificate issued by the registrar results that the lien is registered in the name of a person other than the one executed, the court, heard the parties personated, will order to raise the embargo, unless the the procedure is followed against the one executed as the heir of the person who appears as the owner in the Register or who has been engaged in the light of such a concept.

By way of derogation from the preceding paragraph, if the registration of the domain in person's name other than the one executed after the embargo is entered, the embargo shall be maintained and shall be within the meaning of Article 662.

Article 659. Rights holders subsequently entered.

1. The registrar shall communicate the existence of the execution to the rightholders who appear in the certification of charges and who appear in seats after that of the right of the performer, provided that their address is recorded in the Register.

2. The holders of rights registered after the issue of the certification of domain and charges will not be made any communication, but, crediting the court the inscription of their right, they will be given intervention in the avaluo and in the other proceedings of the procedure affecting them.

3. Where the holders of rights registered after the charge which is executed satisfy before the auction the amount of the credit, interest and costs, within the limit of liability resulting from the Register, shall be subrogated in the the rights of the actor to the extent that he reaches the satisfied amount. The payment and the subrogation shall be recorded on the margin of the registration or annotation of the lien on which the creditors are subrogated and those of their respective claims or rights, by means of the presentation in the Register of the notarial act of delivery of the amounts indicated or the timely injunction, if any.

Article 660. How to practice communications.

1. The communications referred to in the previous Article shall be carried out at the address of the Registry, by post or by telegraph with acknowledgement of receipt or by other means. In the certification referred to in Article 656, this communication shall be expressed.

In the event that the address is not registered in the Register or that the communication is returned to the Registry for any reason, the Registrar shall practice new communication by means of an edict in the notice board of the Registry, which shall be publish for a period of 15 days.

2. The absence of any communications from the Registry or defects in such a way as to be likely to suffer shall not be an obstacle to the registration of the right of the person acquiring the property at the time of execution.

Article 661. Communication of the execution to tenants and occupants in fact. Advertisement of the post-death situation in the auction announcement.

1. Where, by the manifestation of the goods of the executed person, by indication of the performer or in any other way, the existence and identity of persons, other than the executed person, who occupy the foreclosed property, shall be notified in the proceedings, the existence of the enforcement, so that, within ten days, the court may submit evidence of formal qualifications to the court.

In the announcement of the auction, it will be expressed, with the possible detail, the situation after the building or that, on the contrary, it is unoccupied, if the court of execution is satisfied with this circumstance.

2. The performer may request that, before the auction is announced, the court declares that the occupant or occupants have no right to remain in the building, once the property has been executed. The request shall be processed in accordance with Article 675 (3) and the court shall access it and shall make, by means of a non-actionable order, the declaration requested, where the occupant or occupants can be regarded as a mere fact or without sufficient title. In another case, it shall also declare, without further appeal, that the occupant or occupants have the right to remain in the building, leaving to the exception of the actions which may correspond to the future acquirer to evict those persons.

The statements referred to in the preceding paragraph shall be entered in the auction notice.

Article 662. Third holder.

1. If, before a property is sold or awarded in the course of the execution, and after the seizure or the registration of the commencement of the award procedure has been recorded, it shall be held by a third holder, the holder of the award procedure. Registration of the title of the document, may request that the cars be exhibited in the Secretariat, which will be agreed without paralyzing the course of the procedure, also understanding with it the subsequent actions.

2. Third possessor shall also be deemed to have acquired only the usufruct or useful domain of the mortgaged or foreclosed farm, or the property or direct domain, in the time referred to in the preceding paragraph.

3. At any time prior to the approval of the auction or the award to the creditor, the third holder may release the goods by satisfying what is owed to the creditor by principal, interest and costs within the limits of liability to the creditor. that the property is subject to the good and, where applicable, the provisions of Article 613 (3) of this Law are applicable.

Article 663. Presentation of the title of the foreclosed properties.

In the same decision as to issue certification of the domain and charges of the property seized, the court may, by means of providence, ex officio or at the request of a party, require the executed to of ten days present the titles of property that you have, if the property is registered in the Register.

The presentation of the titles will be communicated to the performer to manifest if he finds them sufficient, or propose the cure of the faults that in them will notice.

Article 664. No presentation or non-existence of titles.

If the executed person has not filed the securities within the prescribed period, the court may, at the request of the executing person, use the awards he considers to be conducive to the enforcement of the evidence, obtaining them, where appropriate, of the records or files in which they are located, for which the Prosecutor's Attorney may be entitled.

When there are no domain titles, your lack of the means established in Title VI of the Mortgage Law may be replaced. If the court of enforcement is competent to recognise judicial proceedings which, for that purpose, are to be carried out, they shall be carried out within the process of enforcement.

Article 665. Auction without a shortage of titles.

At the request of the creditor, the goods may be released to the public auction without prior to the lack of titles of property, expressing in the edicts this circumstance. In such a case, it shall be observed that the provisions of Rule 5 of Rule 140 of the Rules of Procedure for the Enforcement of the Mortgage Law are observed.

Article 666. Valuation of properties for auction.

1. The immovable property shall be auctioned for the value resulting from the deduction of its value, carried out in accordance with the provisions of Articles 637 et seq. of this Law, the amount of all the charges and duties prior to the charge for which it is have issued execution whose preference results from the registration of domain and loads.

This operation shall be carried out by the Judicial Secretary without counting the value for which the property has been awarded the total amount guaranteed to be the certification of charges or, where applicable, the amount that has been recorded in the the Register in accordance with the provisions of Article 657 (2).

2. If the value of the charges or charges equals or exceeds the value for the good, the court will raise the embargo.

Article 667. Auction announcement.

The auction will be announced twenty days in advance, at least, as stated for its celebration.

The location, day and time flag for the auction shall be notified to the executed, at the same time, at the address of the executive title.

Article 668. Content of the auction announcement.

The auction shall be announced in accordance with Article 646, with the identification of the farm, which shall be made in a concise manner, the initial valuation for the auction, determined in accordance with the provided in the article 666 and the following ends:

1. º that the registration certificate and, if applicable, the title on the real estate or real estate that are auctioned is manifest in the Secretariat.

2. What it is understood that every bidder accepts as enough the existing degree or that there are no titles.

3. That the previous charges or charges, if any, to the actor's credit will continue to exist and that, for the sole reason of participating in the auction, the tenderer admits and accepts to be subrogated in the responsibility derived from those, if the auction is awarded in their favor.

Article 669. Special conditions of the auction.

1. To take part in the auction the bidders must deposit, previously, the 30 per 100 of the value that has been given to the goods according to the established article 666 of this Law. The deposit shall be made in accordance with the provisions of Article 647 (1) (3

.

2. The mere fact of participating in the auction shall mean that the bidders accept as sufficient the title which consists of cars or that there is no degree and that they also accept subrogation in the pre-credit charges for which they are entitled execute, in case the auction is awarded in your favor.

Article 670. Approval of the auction. Payment. Award of the assets to the creditor.

1. If the best position is equal to or greater than 70 per 100 of the value for which the property has gone to auction, the court, by order, the same day or the next day, shall approve the auction in favor of the highest bidder. Within 20 days, the remover shall be recorded in the Deposit Account and Consignations of the difference between the deposit and the total price of the auction.

2. If it is the performer who makes the best position equal to or greater than 70 per 100 of the value for which the property has been auctioned, approved the auction, the Judicial Secretary shall proceed to the liquidation of what is due to the principal, interest and costs and, notified of this settlement, the performer shall record the difference, if any.

3. If only postures greater than 70 per 100 of the value for which the property has been released for auction, but offering to pay in instalments with sufficient guarantees, bank or mortgage, of the deferred price, will be made to know to the performer who, in the following 20 days, may request the award of the building by 70 per 100 of the exit value. If the performer does not make use of this right, the auction will be approved in favor of the best of those positions, with the payment conditions and guarantees offered in the same.

4. Where the best position offered in the auction is less than 70 per 100 of the value for which the property has been auctioned, it may, within 10 days, present a third party which improves the position by offering a quantity exceeding 70 per cent. 100 of the value of assessment or that, even less than that amount, is sufficient to achieve complete satisfaction of the right of the performer.

After the indicated period without the execution of the execution provided for in the preceding paragraph, the performer may, within five days, ask for the award of the building by 70 per 100 of that value or for the quantity that is due to all concepts, provided that this quantity is higher than the best position.

When the performer does not use this option, the auction shall be approved in favour of the highest bidder, provided that the amount he has offered exceeds 50 per 100 of the value of the valuation or, being lower, covers at least the amount for which the execution has been issued, including the forecast for interest and costs. If the best position does not meet these requirements, the court, hearing the parties, shall decide on the approval of the auction in the light of the circumstances of the case and taking into account in particular the conduct of the debtor in relation to the compliance of the obligation under which the creditor is satisfied by the performance of other goods, the patrimonial sacrifice which the approval of the auction would entail for the debtor and the benefit of the debtor creditor. Where the court refuses to approve the auction, it shall be carried out in accordance with the provisions of the following

.

5. Whoever is successful in the building of the immovable property in accordance with the provisions of the preceding paragraphs shall accept the subsistence of the previous charges or charges, if any, and shall be subrogated to the liability arising from them.

6. When required to provide the mortgage referred to in Article 107 (12) of the Mortgage Law, the Judicial Secretary shall immediately issue testimony to the order of approval of the auction, even before the price has been paid, stating the purpose for which it is issued. The application will suspend the deadline to pay the price of the auction, which will resume once the testimony has been given to the applicant.

7. At any time prior to the approval of the auction or the award to the creditor, the debtor may release his assets by paying fully what is due to the principal, interest and costs.

Article 671. Auction without a bidder.

If at the auction event there is no bidder, the creditor may ask for the award of the goods by 50 per 100 of his valuation value or for the amount owed to him for all the concepts.

When the creditor, within twenty days, does not use that power, the embargo shall be lifted at the request of the person executed.

Article 672. Destination of the sums obtained in the auction of buildings.

1. The destination provided for in Article 654 (1) shall be paid at the price of the auction, but the remainder, if any, shall be retained for the payment of those who have their registered or recorded entitlement after the date of the executing. If these creditors are satisfied, they will still be left over, given to the executed or third holder.

The provisions of this article are without prejudice to the fate to be given to the remnant when their retention has been ordered in any other singular execution or in any insolvency proceedings.

2. Any interested party may request the court to require the holders of subsequent credits to provide, within 30 days, the subsistence and enforceability of their claims and to settle the claims.

Of the settlements presented, the person who has promoted the incident will be transferred, so that he or she will abide by his right and provide the documentary proof that he has within ten days. The court will then decide, by means of a non-actionable order, as appropriate, to the sole effects of the distribution of the sums collected in the execution and leaving to the exception the actions that could correspond to the later creditors. to assert their rights as and against whom it corresponds.

After the deadline indicated without any creditor having submitted the settlement of his credit, the remainder of the destination provided for in the preceding paragraph shall be given to the remainder.

Article 673. Concurrent auction.

When advised by the circumstances, and at the request of either party, the court may, by means of providence, order that the auction be announced and held simultaneously at the seat of the executing court and, by way of in one or more courts of different judicial parties, where they radiate, in whole or in part, the real estate auctioned. In such cases the bidders may freely go to any of the venues of celebration and the executing court will not approve the auction until they know, by any means of communication, the postures made in all of them, quoting personally to the bidders who have made the same position, so that they may appear before it to tender for the same, if such a tie could not have been saved by telephone, or any other class, during the holding of concurrent auctions.

Article 674. Registration of the acquisition: title. Load cancellation.

1. The testimony, issued by the Judicial Secretary, comprehensive of the order of approval of the auction, of the award to the creditor or of the transmission by agreement of realization or the transfer, will be a sufficient title for the inscription in the Registry of the Property by a person or a specialised entity, and in which it is expressed, where appropriate, that the price has been entered, as well as the other circumstances required for registration under the mortgage legislation.

The testimony shall, where appropriate, express that the rematant has obtained credit to pay the price of the auction and, where appropriate, the prior deposit, indicating the amounts financed and the entity that has granted the loan, to the effects provided for in Article 134 of the Mortgage Act.

2. At the request of the acquirer, it shall be issued, where appropriate, with the order of cancellation of the entry or entry of the charge which originated the auction or the award.

The cancellation of all subsequent entries and entries shall also be sent, including those which have been verified after the certification of the certification referred to in Article 656 has been issued, the value of the sold or awarded was equal to or less than the total amount of the actor's credit and, in the event of being exceeded, that the remainder was retained at the disposal of the persons concerned.

The other circumstances that the mortgage legislation requires for the registration of the cancellation shall also be expressed in the order.

Article 675. Judicial possession and occupants of the building.

1. If the acquirer so requests, he shall be placed in possession of the building which is not occupied.

2. If the building is occupied, the launch shall be made immediately after the court has resolved, as provided for in Article 661 (2), that the occupant or occupants have no right to remain in the building. Evicted occupants will be able to exercise the rights they create to assist them in the appropriate judgment.

Where, in the case of the immovable property, no earlier proceedings have been carried out pursuant to Article 661 (2), the acquirer may ask the court of execution for the launch of those who, taking into account the provisions of Article 661 may be considered as occupants of mere fact or without sufficient title. The request must be made within one year of the acquisition of the property by the rematant or successful tenderer, after which the claim of eviction can be enforced only in the appropriate judgment.

3. The request for a launch referred to in the preceding paragraph shall be notified to the occupants indicated by the acquirer, with a summons to a hearing within the ten-day period, in which they may plead and prove what they consider appropriate in respect of their situation. The court, by way of order, without further appeal, will rule on the launch, which will in any case decretour if the occupant or occupants cited do not appear without fair cause.

4. The order for the release of the occupants of a building shall leave the rights of the persons concerned, irrespective of their content, to the exception of the rights of the persons concerned, which may be exercised in the appropriate judgment.

SECTION 7 OF THE ADMINISTRATION FOR PAGO

Article 676. Constitution of administration.

1. At any time, the executing court may ask the court to be handed over to all or part of the goods seized to apply their returns to the payment of principal, interest and costs of the execution.

2. The court, by means of providence, shall agree to the administration for payment where the nature of the goods so advises and shall provide that, after inventory, the person shall be placed in possession of the goods, and shall be made known to the persons who the same performer designates.

Prior to the agreement of the administration, the third parties shall be heard, if any, of the third parties entitled to the goods on board registered or registered after that of the executor.

3. The court may, at the request of the executing person, impose periodic penalty payments on the execution or third parties which prevent or impede the exercise of the powers of the administrator, without prejudice to the other responsibilities in which the latter have could incur.

Article 677. Form of administration.

The payment administration will abide by what will be executed and executed; in the absence of a pact, it will be understood that the goods must be administered according to the country's custom.

Article 678. Accountability.

1. The creditor, unless otherwise agreed by the court or agreed by the parties, shall be held annually by the administration for payment to the Secretary of the Judiciary. The accounts submitted by the creditor shall be given the date of the execution, for a period of 15 days. If such claims are made, they shall be transferred to the executing person so that, for a period of nine days, he shall state whether or not he or she is in conformity with them.

2. If there is no agreement between them, the two shall be called upon to appear within the five-day period, in which the evidence to be proposed and considered useful and relevant shall be admissible, and shall be used for the time to be considered. prudential, which may not exceed ten days.

Practiced, if applicable, the test admitted, the court will order, within five days, in which it will resolve what is coming from the approval or rectification of the accounts presented.

Article 679. Controversies over administration.

Except for disputes about accountability, all other issues that may arise between the creditor and the executed, on the occasion of the administration of the foreclosed estates, will be substantiated by the established procedures. for verbal judgment.

Article 680. End of administration.

1. When the performer has paid for his credit, interest and costs with the product of the administered goods, they shall return to the execution.

2. The executed person may at any time pay what is restating his debt, according to the last statement of account presented by the creditor, in which case he shall immediately be a spare in the possession of his assets and cease to be in the administration, without (a) to the detriment of his/her general account within the following 15 days, and of the other claims to which one and the other are entitled.

3. If the performer fails to achieve the satisfaction of his/her right through the administration, he/she may ask the court to terminate it and, upon accountability, proceed to the enforcement by other means.

CHAPTER V

Of the particularities of execution on mortgaged or pigned goods

Article 681. Procedure to require payment of debts secured by pledge or mortgage.

1. The action to require the payment of debts secured by a pledge or mortgage may be exercised directly against the pledged or mortgaged goods, subject to the provisions of this Title, with the specialities established in the present chapter.

2. Where the payment of debts secured by a naval mortgage is claimed, the provisions of the preceding paragraph shall apply only in the first two cases of Article 39 of the Naval Mortgage Act.

Article 682. Scope of this Chapter.

1. The rules of this Chapter shall apply only where enforcement is directed exclusively against pledged or mortgaged goods in respect of the debt to which it is incurred.

2. Where mortgaged goods are pursued, the provisions of this Chapter shall apply provided that, in addition to the provisions of the preceding paragraph, the following requirements are met:

1. º That in the writing of the mortgage is determined the price in which the interested parties value the estate or mortgaged, to serve as the type in the auction.

2. º That, in the same deed, there is a domicile, which the debtor will fix, for the practice of the requirements and the notifications.

In the mortgage on commercial establishments you will necessarily have at home the place where the establishment is installed which is mortgage.

3. The Registrar shall record in the application of the mortgage the circumstances referred to in the preceding paragraph.

Article 683. Change of address indicated for requirements and notifications.

1. The debtor and the non-debtor mortgagee may change the address they have designated for the practice of requirements and notifications, subject to the following rules:

1. When mortgaged property is immovable, the creditor's consent shall not be required, provided that the change takes place within the same population as it has been designated in the deed, or any other than that interlocked in the term in which they radiate the farms and serve to determine the jurisdiction of the Court.

To change that address to a different point from those expressed, the creditor's compliance will be required.

2. In the case of a movable mortgage, the domicile may not be changed without the creditor's consent.

3. In case of a naval mortgage, the change of domicile will be sufficient to bring to the attention of the creditor.

2. The address changes referred to in the previous paragraph shall be entered in the notarial act and, in the corresponding Register, by note to the margin of the mortgage registration.

3. For the purposes of requirements and notifications, the domicile of the third-party acquirers of mortgaged goods shall be that which appears to be designated in the registration of their acquisition. The third acquirer may at any time change that address in the form provided for in the preceding number.

Article 684. Competence.

1. For the purposes of the procedures referred to in this Chapter, it shall be competent:

1. º If the mortgaged property is immovable, the Court of First Instance of the place in which it radiates the estate and if it is located in more than one judicial party, the same as if they are several and will be based in different parties, the Court of First Instance of any of them, at the choice of the plaintiff, without the rules on express or tacit submission contained in this Law being applicable in this case.

2. ' If the mortgaged property is a vessel, the Court of First Instance to which the parties have been subject to the title of the mortgage and, failing that, the Court of the place where the mortgage was established mortgage, that of the port on which the mortgaged vessel is located, that of the defendant's domicile or that of the place in which it radiuses the Register in which the mortgage was entered, at the choice of the actor.

3. If the mortgaged property is movable, the Court of First Instance to which the parties have been subject in the writing of a mortgage and, failing that, that of the judicial party where it has been registered. If several of the mortgaged goods and registered in various registers are held, the Court of First Instance of any of the relevant judicial parties shall have jurisdiction, at the choice of the claimant.

4. ' If it is a matter of pledged goods, the Court of First Instance to which the parties have submitted in writing or the policy of lodging the security and, failing that, the place where the goods are located, are stored or are understood to be deposited.

2. The court will examine its own territorial jurisdiction of its own motion.

Article 685. Executive demand and documents to accompany it.

1. The application must be addressed to the debtor and, where appropriate, to the non-debtor mortgage or to the third holder of the mortgaged goods, provided that the latter has credited the creditor with the acquisition of such goods.

2. The claim shall be accompanied by the title or evidence of credit, covered by the requirements laid down in this Law for the dispatch of the execution, and the other documents referred to in Article 550 and, in their respective cases, Articles 573 and 574 of this Law.

In case of execution on mortgaged goods or on goods in the form of a garment without displacement, if the registered title cannot be presented, it must be accompanied by the certification of the Registry that accredits the registration and subsistence of the mortgage.

3. For the purposes of the procedure laid down in this Chapter, the private document for the establishment of the naval mortgage registered in the Register in accordance with Article 3 of the Treaty shall be deemed to be sufficient for the implementation of the procedure. Naval Mortgage Law.

4. For the execution of mortgages on immovable property formed in favour of an Entity from which they may legally be able to issue mortgage cards or which, at the beginning of the procedure, guarantee loans and loans affected by a mortgage bonds, the presentation of a certificate of the Land Registry that accredits the registration and subsistence of the mortgage will suffice. Such certification shall be completed with any authorized copy of the mortgage deed, which may be partial, comprising only the farm or farms that are the subject of the execution.

Article 686. Payment requirement.

1. In the same order in which enforcement is issued, the debtor and, where applicable, the non-debtor mortgage or the third holder against whom the claim has been addressed shall be required to pay at the address in force in the Register.

2. Without prejudice to the notification to the debtor of the dispatch of the execution, the requirement referred to in the preceding paragraph shall not be applied when the requirement or requirements have been proved to have been made out of order, in accordance with the referred to in Article 581 (2).

For these purposes, the extra-judicial requirement must have been carried out at the address that is in force in the Registry, either personally if the debtor, the non-debtor mortgagant or the third holder who has if required, or the next of kin, family or dependent over fourteen years of age who are in the room of the person who is required and if no one is found in the room, the keeper or the nearest neighbour who is there.

Article 687. The deposit of the mortgaged motor vehicles and the pledged goods.

1. Where the procedure is the subject of a debt secured by a motor vehicle or a mortgage, it shall be held that the pledged assets or the mortgaged vehicles are deposited with the creditor or the person designated by the creditor.

The vehicles deposited shall be sealed and shall not be used unless this is not possible by special provisions, in which case a financial controller shall be appointed.

2. The deposit referred to in the preceding paragraph shall be agreed in the same order as the execution of the execution, if the debtor has been temporarily required to pay the debtor. In another case, the debtor shall be ordered to pay the debtor in accordance with the provisions of this Law and, if the debtor fails to comply with the requirement, the deposit shall be lodged.

3. Where it is not possible for the goods to be seized or the deposit of the goods to be lodged, the procedure shall not be followed.

Article 688. Certification of domain and loads. Discharge in case of non-existence or cancellation of the mortgage.

1. Where the execution is carried out on mortgaged goods, it shall be claimed from the registrar certifying the extremes referred to in Article 656 (1) and in which the mortgage in favour of the performer is also expressed. finds subsist and uncancelled or, where appropriate, the cancellation or modifications that appear in the Register.

2. The registrar shall record on a marginal note in the mortgage registration that the certificate of domain and charges has been issued, expressing its date and the existence of the procedure to which it refers.

As long as the marginal note is not cancelled by the court order, the registrar will not be able to cancel the mortgage for reasons other than the execution itself.

3. If the certification results in the fact that the mortgage on which the performer founds his or her claim does not exist or has been cancelled, the court will decide to end the execution. An appeal may be brought against this decision.

Article 689. Communication of the procedure to the registered holder and subsequent creditors.

1. If the registration certificate appears that the person to whom the last registration of the domain is practiced has not been required for payment in any of the notarial or judicial forms provided in the above articles, the the existence of the procedure to that person, in the registered office, so that he can, if appropriate, intervene in the execution, in accordance with the provisions of Article 662, or satisfy before the repayment of the amount of the credit and the interest and costs on the part that is insured with the mortgage on your estate.

2. Where there are actual charges or duties made after the mortgage guaranteeing the credit of the actor, the provisions of Article 659 shall apply.

Article 690. Administration of the estate or mortgaged.

1. After the expiry of the 10-day period from the order for payment, or, where it has been made out of court, the creditor may request that the interim administration or possession of the farm be entrusted to the creditor. Mortgage. In that case, the creditor shall receive the income due and not satisfied, if that is the case, and the fruits, income and subsequent products, thereby covering the costs of the conservation and exploitation of the goods and then their own credit.

For the purposes set out above, the interim administration shall be notified to the occupant of the building, with the indication that it is obliged to make the payments to the servicer that they should make to the owner.

Dealing with idle properties, the administrator will be placed, on a provisional basis, in the material possession of those.

2. If the creditors are more than one, it shall be for the administration to which it is preferential, according to the Register, and if they are of the same priority, they may ask for any of them for common benefit, applying the fruits, incomes and products according to determines the previous paragraph, pro rata among the credits of all the actors. If several of the same priority were asked, the court will decide by providence to its prudent arbitration.

3. The duration of the interim administration and possession to be granted to the creditor shall not exceed, as a general rule, two years, if the mortgage is a real estate, and one year, if it is movable or naval. Upon completion, the creditor shall be accountable to the court, who shall approve them, if appropriate. Without this requirement the execution cannot be continued.

4. Where the debt-guarantee procedure is followed by a mortgage on a motor vehicle, only the administration referred to in the preceding paragraphs shall be agreed upon if the creditor who requests it provides sufficient caution in any of the forms referred to in the second subparagraph of Article 529 (3

.

5. Where the foreclosure occurs with a court-supervised process, in the field of administration or interim possession, the court that is aware of the insolvency proceedings shall be at the disposal of the court, in accordance with the rules governing it.

Article 691. Call for the auction of mortgaged goods. Advertisement of the call.

1. Having regard to the provisions of the preceding Articles and 30 days after the request for payment has been made and the notifications given above, the actor, the debtor or the third holder shall be held at the auction of the estate or mortgaged.

2. The auction will be announced 20 days in advance, at least. The marking of the place, day and time for the auction shall be notified to the debtor at the same time in the address as recorded in the Register.

3. Where the debt-guarantee procedure with mortgage on commercial establishment is followed, the notice shall indicate that the acquirer shall be subject to the provisions of the Law on Urban Leases, accepting, where appropriate, the right of the lessor to raise the lease income from the contract.

4. The auction of mortgaged goods, whether movable or immovable, shall be held in accordance with the provisions of this Law for the auction of immovable property.

5. In the process of implementation referred to in this Chapter, it may also be used by means of a convention and by means of a person or a specialised entity governed by Sections 3 and 4 of Chapter IV of this Chapter. title.

Article 692. Payment of mortgage credit and application of excess.

1. The price of the auction shall be used, without delay, to pay the principal of his credit, the interest accrued and the costs caused, without the payment of the amount to the creditor for each of these concepts exceeds the limit of the respective coverage mortgage; the excess, if any, shall be made available to the holders of subsequent rights entered or annotated on the mortgaged property. Satisfied, if applicable, the subsequent creditors, the remainder shall be given to the owner of the mortgaged property.

By way of derogation from the preceding paragraph, where the owner of the property mortgaged is the debtor himself, the price of the auction, in the amount exceeding the limit of the mortgage cover, shall be used for the payment of the (a) the total amount of the loan which is the subject of the execution, after being satisfied, where appropriate, of the appropriations entered or recorded after the mortgage and provided that the debtor is not in a situation of suspension of the payments, competition or bankruptcy.

2. Anyone who is considered entitled to the remaining remaining after payment to subsequent creditors may promote the incident provided for in Article 672 (2).

The provisions of this paragraph and the foregoing paragraph are without prejudice to the fate to be given to the remnant when their retention has been ordered in any other singular execution or in any insolvency proceedings.

3. In the order issued for the cancellation of the mortgage guaranteeing the credit of the performer and, where applicable, of the subsequent entries and entries, it shall be expressed, in addition to the provisions of Article 674, which were made notifications referred to in Article 689.

Article 693. Claim limited to part of the capital or interest the payment of which must be made within different time limits. Anticipated maturity of time-bound debts.

1. The provisions of this Chapter shall apply to the case where a part of the capital of the credit or interest is no longer payable, the payment of which must be made within different time limits, if one of them is due without the debtor's obligation, and provided that such stipulation is recorded in the Register.

If for the payment of any of the time limits of the capital or the interest it is necessary to dispose of the property mortgaged, and still to beat other deadlines of the obligation, the sale will be verified and the estate will be transferred to the buyer with the mortgage corresponding to the portion of the credit that is not satisfied.

2. The full amount of the capital and interest payable may be claimed if the total maturity has been agreed upon in the event of non-payment of any of the different time limits and this agreement is recorded in the Register.

3. In the case referred to in the preceding paragraph, the creditor may request that, without prejudice to the fact that the execution takes place over the whole of the debt, the debtor is informed that, until the day indicated for the conclusion of the auction, he may to release the goods by the entry of the exact quantity which, by principal and interest, is due on the date of filing of the claim, plus, where appropriate, the maturity of the loan and the interest on late payment producing throughout the procedure and being paid in whole or in part. For these purposes, the creditor may request that it be carried out in accordance with the provisions of Article 578 (2).

If the mortgaged property is the family home, the debtor may, for one time, not yet consent to the creditor, release the goods by entering the amounts expressed in the preceding paragraph.

If the debtor made the payment in accordance with the conditions laid down in the previous paragraph, the costs shall be settled and, once the costs have been satisfied, the court shall give judgment by declaring the proceedings terminated. The same shall be agreed upon when the payment is made by a third party with the consent of the performer.

Article 694. Realization of the pledged goods.

1. The deposit of the pledged assets shall be made in accordance with the provisions of this Law for the award procedure.

2. Where the pledged assets are not of those referred to in Section 1.a of Chapter IV of this Title, the auction shall be announced as provided for in Articles 645 et seq. of this Act.

The value of the goods for the auction shall be that fixed in the deed or policy of incorporation of the garment and, if not noted, the total amount of the claim by principal, interest and costs.

Article 695. Opposition to execution.

1. In the procedures referred to in this Chapter, only the opposition of the executed person shall be admitted when the following causes are founded:

1. th Extinction of the guarantee or the guaranteed obligation, provided that the expression of the express record of the cancellation of the mortgage or, where appropriate, of the garment without displacement, or public letter of letter of the payment or cancellation of the warranty.

2. First Error in determining the amount payable, when the guaranteed debt is the balance that the closing of an account between executing and executed. The person who is executed must accompany his copy of the book in which the seats of the account are established and the opposition shall be accepted only if the balance of which that book is produced is different from that of the balance sheet presented by the performer.

No need to accompany a book when the procedure relates to the balance resulting from the closure of current accounts or similar transactions resulting from commercial contracts awarded by credit institutions, savings or financing where the amount payable in the event of enforcement is agreed shall be the amount specified in the certificate issued by the creditor institution, but the person executed must express, with due accuracy, the points at which he is settlement by the entity.

3. In the case of the execution of mortgaged movable property or on which a garment has been constituted without posting, the attachment of such goods to another garment, movable or immovable property, or an earlier attachment the charge to be used for the procedure, which shall be credited by the corresponding registration certificate.

2. The opposition referred to in paragraph 1 shall be suspended for execution. The court, by providence, shall summon the parties to an appearance, and must mediate four days from the summons; hear the parties, admit the documents which are presented and agree in the form of an order of what it deems appropriate within the second day.

3. The order of the opposition based on the causes 1 and 3 of paragraph 1 of this Article shall terminate the execution; the person who considers the opposition based on the cause 2 shall fix the amount by which the execution is to be followed.

4. An appeal may be brought against the order which orders the execution of the execution. Outside this case, the cars that decide the opposition referred to in this article shall not be subject to any recourse.

Article 696. Domain tercerias.

1. In order to enable the third party to be subject to the procedures referred to in this Chapter, the claim must be accompanied by the title of the date property prior to that of the lodging of the security. In the case of goods whose domain is eligible for registration in a register, the title must be registered in favour of the third-party or his deceased with a date prior to the date of registration of the security, which shall be credited by means of Certificate of registration of the title of the third party or of his or her cause and certification of not appearing extinguished or cancelled in the Register the corresponding domain seat.

2. The admission of the demand for a third party shall suspend the execution in respect of the goods to which it relates and, if these are only part of the goods covered by the guarantee, may follow the procedure in respect of the other, if so requested by the creditor.

Article 697. Suspension of enforcement for criminal prejudiciality.

Outside the cases referred to in the two preceding articles, the procedures referred to in this Chapter shall be suspended only for criminal proceedings, where it is established, in accordance with Article 569 of the Law, the existence of a criminal cause on any occurrence of a criminal appearance that determines the falsehood of the title, the invalidity or the ilicitude of the dispatch of the execution.

Article 698. Claims not included in the above articles.

1. Any claim which the debtor, the third holder and any person concerned may make and which is not included in the foregoing articles, including those concerning the nullity of the title or the expiration, certainty, extinction or amount of the debt, shall be ventilated in the appropriate judgment, without ever producing the effect of suspending or hindering the procedure laid down in this Chapter.

The competence to know this process will be determined by the ordinary rules.

2. At the time of making the complaint referred to in the preceding paragraph or during the course of proceedings to which it is held, it may be requested to ensure the effectiveness of the judgment given in the judgment, with the retention of the whole or part of the the amount which, in accordance with the procedure laid down in this Chapter, must be delivered to the creditor.

The court, by means of providence, will decree this retention in view of the documents that are presented, if it considers quite a few of the reasons that are alleged. If the person applying for the withholding tax is not sufficiently well-informed, the court must require prior and sufficient assurance to respond to the interest for late payment and to compensate for any other damages that may arise. to be caused to the creditor.

3. Where the creditor gives the court's satisfaction the amount which is to be withheld as a result of the judgment referred to in the first subparagraph, the retention shall be lifted.

TITLE V

Non-cash execution

CHAPTER I

From General Provisions

Article 699. Dispatch of the execution.

When the executive title contains condemnation or obligation to do or not to make or to deliver anything other than a quantity of money, in the order for which the execution is issued will be required to the executed so that, within the period that the court considers appropriate, to comply in its own terms with what is established by the executive title.

In the order, the court will be able to warn the executed person with the use of personal awards or pecuniary fines.

Article 700. Guarantee and replacement security embargo.

If the requirement to do, not to make or to deliver anything other than a quantity of money cannot have immediate compliance, the court, at the instance of the performer, may agree the measures of guarantee that are appropriate to ensure the effectiveness of the conviction.

It shall be agreed, in any event, when the executing person so requests, the seizure of the executed goods in sufficient quantity to ensure payment of any substitute compensation and the costs of the execution.

The embargo shall be lifted if the execution provides sufficient caution, as set by the court, when the embargo is agreed, in any of the forms provided for in the second subparagraph of Article 529 (3).

CHAPTER II

From execution by duties of delivering things

Article 701. Delivery of certain piece of furniture.

1. Where the obligation to deliver a certain and certain piece of furniture is removed from the executive title and the person executed does not carry out the delivery within the period granted to him, the court shall place the executing person in possession of the item due, using To this end, the awards that you create are accurate, ordering the entry in closed places and assisting with the public force, if necessary.

In the case of movable property subject to a scheme of advertising registration similar to real estate, it shall also be available as necessary to bring the Register in question to the Executive Title.

2. If the place in which the thing is found is ignored or if it is not found in the place where it should be found, the court will question the executed or third parties, with a warning to incur disobedience, to say if the thing is or not in their power and if they know where they are.

3. Where, in accordance with the provisions of the preceding paragraphs, it is not possible to do so, the court shall, by means of providence, at the request of the executing person, order that the failure to deliver the goods or things to be replaced by a fair pecuniary compensation, to be established in accordance with Articles 712 et seq.

Article 702. Delivery of generic or undetermined things.

1. If the executive title refers to the delivery of generic or indeterminate things, which may be acquired in the markets and, after the deadline, the requirement has not been met, the performer may request that he be placed in possession of the (a) the right to acquire, at the same time, the seizure of sufficient assets to pay for the acquisition, of which the performer will give a justified account.

2. If the applicant has stated that the late acquisition of the generic or indeterminate things in accordance with the preceding paragraph is no longer in his legitimate interest, the court shall determine, by means of providence, the pecuniary equivalent, with the damages and damages which could have been caused to the performer, which shall be settled in accordance with Articles 712 et seq.

Article 703. Delivery of real estate.

1. If the title matches the transmission or delivery of a property, the court shall immediately order the contents of the sentence and, where appropriate, arrange for the registration to the executive title.

If in the building that is to be delivered there are things that are not the subject of the title, the court will require the executed person to withdraw them within the time limit. If I do not withdraw them, they will be considered abandoned goods for all purposes.

2. When the act of the launch is claimed by the one who evict the estate the ownership of unseparable things, consisting of plantations or facilities strictly necessary for the ordinary use of the building, will be resolved in the implementation of the obligation to pay the value of the fee, to be required by the persons concerned within five days of the eviction.

3. If the existence of damage to the building originated by the executed person or the occupants is recorded at the launch, the retention and establishment of sufficient assets of the person responsible may be agreed upon, in order to respond to the damages caused, which shall be settled, where appropriate and at the request of the performer, in accordance with the provisions of Articles 712 et

.

Article 704. Occupants of properties to be delivered.

1. Where the property whose possession is to be delivered is the habitual dwelling of the person who is executed or who is dependent on it, a period of one month shall be given to him. If there is a well-founded reason, one more month may be extended.

Elapsed time limits shall be immediately released at launch, with the date of the launch being fixed in the initial resolution or in which the extension is agreed.

2. If the property to which the executive order is delivered is occupied by third parties other than the one executed and with whom they share the use of the one, the court, as soon as they know its existence, shall notify them of the dispatch of the execution or pendency of the latter, so that, within ten days, the court may present the evidence to the court to justify its situation.

The performer may ask the court for the launch of those who consider occupants of mere fact or without sufficient title. This request shall be made to the persons designated by the performer, acting in accordance with the provisions of Article 675 (3) and (4).

CHAPTER III

Running for Do-and-Not-Do Obligations

Article 705. Requirement and time-setting.

If the executive title forces you to do something, the court will require the debtor to do so within a time limit that he will set according to the nature of the making and the circumstances.

Article 706. Condemnation of doing non-personal.

1. Where the enforcement of the enforceable title is not a personal one, if the execution does not take place within the time limit specified by the court, the executing person may request that he be empowered to charge a third party, at the expense of the execution, or to claim compensation for damages.

When the title contains an express provision for the debtor's failure to comply, it shall be within the meaning of that provision, without the applicant being able to choose between the third or the compensation.

2. If, in accordance with the provisions of the preceding paragraph, the executing person shall choose to make a third party, the cost of such an appointment shall be assessed in advance by an expert appointed by the court and, if the person executed does not deposit the amount which the court approves by providence or does not hold the payment, shall immediately proceed to the seizure of goods and to its forced realization until obtaining the sum that is necessary.

When the performer will opt for damages, they will be quantified in accordance with the provisions of Articles 712 et seq.

Article 707. Publication of the statement in media.

When the judgment orders the publication or dissemination, in whole or in part, of its content in the media at the expense of the party due in the process, the execution may be released to obtain the effectiveness of the statement, requiring the execution to contract the ads resulting from it.

If the executed person does not meet the requirement within the time limit specified, he/she may contract the advertisement the performer, after obtaining the precise funds from the estate of the executed according to what is available in Paragraph 2 of the previous Article.

Article 708. Condemns the issuance of a declaration of will.

1. Where a final judgment or arbitration order to issue a declaration of intent has elapsed within the period of 20 days laid down in Article 548 and has not been issued by the court, the court shall, by way of order, decide to If the essential elements of the business are predetermined, the declaration of will has been issued. Issued the statement, the performer may request that he be free, with testimony of the order, annotation or inscription in the Register or Records that correspond, according to the content and object of the declaration of will.

The above shall be without prejudice to the observance of civil and commercial rules on the form and documentation of legal acts and businesses.

2. If, in the case of the previous paragraph, certain non-essential elements of the business or contract on which the declaration of intent is to be placed are not predetermined, the court, hearing the parties, shall determine them in the judgment itself in the statement issued, in accordance with what is customary in the market or in legal traffic.

When the indetermination affects the essential elements of the business or contract on which the declaration of will is held, if it is not issued by the sentenced person, the execution shall proceed for the damages caused to the performer, which shall be settled in accordance with Articles 712 et seq.

Article 709. Condemnation of making a personal statement.

1. Where the enforceable title refers to a person's making of such a person, the person executed may, within the period prescribed to him in order to comply with the requirement referred to in Article 699, state the reasons for which he refuses to do so. what the title provides and to allege what it has as appropriate as to whether or not the benefit is a personal character. After this period has elapsed without the execution of the performance, the executing person may choose to request that the performance be carried forward in order to deliver to him a pecuniary equivalent of the benefit of making or requesting that the performance be applied to the executed with a fine for each month that elapses without taking place since the end of the period. The court shall decide by means of order as appropriate, accessing the request of the executing person when he considers that the benefit that is the subject of the sentence has the special qualities that characterize him. In another case, it shall order to continue the enforcement in accordance with Article 706.

2. If it is agreed to continue the execution in order to obtain the pecuniary equivalent of the benefit due, the same judgment shall impose a single fine in accordance with the provisions of Article 711.

3. When it is agreed to press the executed with monthly fines, the requirements will be repeated quarterly until one year from the first. If, at the end of the year, the executed person continues to refuse to do what the title has, he shall continue the execution to deliver a pecuniary equivalent of the benefit or to the adoption of the same as other measures that result suitable for the satisfaction of the performer and who, at the request of the performer and heard the execution, may agree to the court.

4. The provisions of the foregoing paragraphs of this Article shall not apply where the enforceable title contains an express provision for the case of non-compliance with the debtor. In such a case, it will be in the willing.

Article 710. Convictions of not doing.

1. If the sentenced person fails to do anything, he shall be required, at the request of the executing person, to dispose of the wrong done if possible, to compensate for the damage caused and, where appropriate, to refrain from repeating the sentence. breaking, with a warning to incur the offence of disobedience to the judicial authority.

It will proceed in this way how many times the conviction is violated and to undo the bad done will be intimidated by the imposition of fines for every month that passes without doing so.

2. If, in the nature of the failure to do so, its failure to comply is not liable to be repeated and the failure to do so cannot be undone, the execution will be made to compensate the performer for the damages that have been caused to him. caused.

Article 711. Amount of periodic penalty payments.

In order to determine the amount of the fines provided for in the foregoing articles, the court, by means of providence, shall take into account the price or consideration of the making of the same as established in the executive title and, if not will be found in the or will be tried to undo the bad fact, the money cost that in the market is attributed to these behaviors.

Monthly fines may amount to 20 per 100 of the price or value and the one-time fine at 50 per 100 of that price or value.

CHAPTER IV

From the settlement of damages, fruits, and income and accountability

Article 712. Scope of the procedure.

The following items shall be ordered provided that, in accordance with this Law, the pecuniary equivalent of a non-cash benefit is to be determined in the enforcement or to fix the amount due in respect of the damages or damages, income, profits or products of any kind or determine the balance resulting from the accountability of an administration.

Article 713. Request for settlement and presentation of damages.

1. Together with the letter in which he is motivated by his judicial determination, the person who has suffered the damages will present a detailed list of them, with his assessment, and may accompany the opinions and documents he considers to be appropriate.

2. In writing and in the case of damages and other documents, the person shall be transferred to the person who is liable to pay the damages, so that, within 10 days, he shall reply to what he considers appropriate.

Article 714. Compliance of the debtor with the damage and damage ratio.

1. If the debtor complies with the damage and damages relationship and the amount, the court shall approve it by means of providence without further appeal, and the sum agreed in the form laid down in Articles 571 and next for the money execution.

2. The debtor shall be deemed to be in conformity with the facts alleged by the executing person if he or she leaves the period of 10 days without evacuating the transfer or is limited to denying the existence of damages in general, without specifying the points in which disagree with the relationship presented by the creditor, or express the reasons and scope of the discrepancy.

Article 715. Debtor's opposition.

If, within the legal period, the debtor is motivated by reason of the actor's request, in terms of damages, in terms of his valuation in money, the settlement of damages will be substantiated. by the formalities laid down for the oral proceedings in Articles 441 et seq., but may, by way of provision, at the request of a party or of its own motion, if it considers it necessary, appoint an expert to rule on the production of the damage and its evaluation in money. In such a case, it shall set the time limit for issuing an opinion and giving it to the Court and the oral hearing shall not be held until after 10 days from the date following the transfer of the opinion to the parties.

Article 716. Auto fixing the given amount.

Within five days of the day of the hearing, the court shall, by order of order, dictate the judgment that it considers to be fair, fixing the amount to be paid to the creditor as damages.

This order shall be appable, without suspensory effect and making express statement of the imposition of the costs in accordance with the provisions of Article 394 of this Law.

Article 717. Request for determination of the cash equivalent of a non-cash benefit.

Where the determination of the pecuniary equivalent of a benefit which does not consist of the delivery of a sum of money is requested, the pecuniary estimates of that benefit shall be expressed and the reasons for it shall be expressed, the documents which the applicant considers to be appropriate for the purpose of establishing his or her request shall be accompanied by a transfer to the person who has to pay so that, within 10 days, he may reply as appropriate.

The application shall be substantiated and resolved in the same manner as set out in Articles 714 to 716 for the settlement of damages.

Article 718. Settlement of fruits and incomes. Application and request to the debtor.

If the determination of the amount due in respect of fruits, income, profits or products of any kind is requested, the court shall require the debtor by providence to, within a period to be determined according to the circumstances of the case, present the settlement, where appropriate, on the basis of the basis of the title.

Article 719. Settlement filed by the creditor and transfer to the debtor.

1. If the debtor presents the settlement of fruits, income, profits or products of any kind referred to in the preceding article, it shall be transferred to the creditor and if it is shown in accordance with the procedure, it shall be approved without further appeal, and shall be to make the agreed sum effective in the form set out in Articles 571 et seq. for cash execution.

When the creditor is not satisfied with the settlement, it shall be substantiated in accordance with the provisions of Article 715 of this Law.

2. If, within the time limit, the debtor fails to submit the settlement referred to in the preceding paragraph, the creditor shall be required to present the settlement which he considers to be fair and shall be transferred to the debtor, acting in accordance with the Articles 714 to 716.

Article 720. Accountability for an administration.

The provisions of Articles 718 and 719 shall apply to the case in which the executive title refers to the duty to render accounts of an administration and to give the balance of the same; but the time limits may be be extended by the court by providence where it considers it necessary, attended to the importance and complication of the case.

TITLE VI

Of the precautionary measures

CHAPTER I

Of the precautionary measures: general provisions

Article 721. Party instance required.

1. Under his or her responsibility, any actor, principal or reconventional, may request the court, in accordance with the provisions of this Title, to take the precautionary measures deemed necessary to ensure the effectiveness of the judicial protection that could be given in the judgment in the estimatory judgment.

2. The precautionary measures provided for in this Title may not in any case be agreed upon by the court of its own motion, without prejudice to what is available for the special proceedings. Nor will it be able to agree on more burdensome measures than requested.

Article 722. Precautionary measures in arbitration proceedings and foreign disputes.

You may ask the court for precautionary measures to prove to be part of an outstanding arbitration process in Spain; or, where appropriate, to have requested the judicial formalization referred to in Article 38 of the Arbitration Act; or of an institutional arbitration, having submitted the due request or entrusted to the institution concerned in accordance with its Rules of Procedure.

Under the Treaties and Conventions that are applicable, you may also request from a Spanish court the adoption of precautionary measures who can prove to be part of a judicial or arbitral process that is followed in a country abroad, in cases where the Spanish courts are not exclusively competent to hear the main case.

Article 723. Competence.

1. It shall be a court competent to hear applications for precautionary measures which are aware of the case at first instance or, if the proceedings have not been initiated, that which is competent to hear the main application.

2. In order to know of the applications for interim measures to be taken during the substantiation of the second instance or of an extraordinary appeal for a procedural infringement or an appeal, the court hearing the second case shall have jurisdiction. instance or those resources.

Article 724. Competition in special cases.

When the precautionary measures are requested pending an arbitration process or the judicial formalization of the arbitration, it shall be competent court of the place in which the award must be executed, and, in its defect, that of the place where the measures must be effective.

The same will be observed when the process is followed before a foreign court, except as provided for in the Treaties.

Article 725. Ex officio examination of the competition. Precautionary measures in prevention.

1. Where the precautionary measures are requested in advance of the application, it will not be accepted as a result of a lack of territorial jurisdiction, but the court will examine its jurisdiction, its objective and territorial jurisdiction. If he considers that he has no objective jurisdiction or jurisdiction, after hearing the Prosecutor's Office and the applicant for the precautionary measures, he shall refrain from knowing and refer the parties to the use of his right to whom If the abstention is not based on the lack of jurisdiction of the Spanish courts. The same shall be agreed where the territorial jurisdiction of the court cannot be founded on any legal force, whether imperatives or not, which are applicable in the light of what the applicant intends to claim in the main proceedings. However, where the applicable legal jurisdiction is a device, the court shall not decline its jurisdiction if the parties have expressly submitted their jurisdiction to the main proceedings.

2. In the cases referred to in the preceding paragraph, if the court is deemed to be territorially incompetent, it may, however, when the circumstances of the case advise it, order in prevention those precautionary measures which are more urgent, subsequently referring the cars to the court that is competent.

Article 726. Characteristics of the precautionary measures.

1. The court may agree as a precautionary measure, in respect of the goods and rights of the defendant, any action, direct or indirect, which meets the following characteristics:

1. Being exclusively conducive to making possible the effectiveness of the judicial protection that could be granted in an eventual judgment, so that it cannot be prevented or hindered by situations produced during the pendency of the corresponding process.

2. Not to be eligible for substitution by another measure equally effective, for the purposes of the preceding paragraph, but less burdensome or detrimental to the defendant.

2. With the temporary, provisional, conditional, and liable nature of modification and uprising provided for in this Law for precautionary measures, the court may agree as such to those that consist of orders and prohibitions of similar content to the which is intended in the process, without prejudicing the sentence that is ultimately dictated.

Article 727. Specific precautionary measures.

As set out in the previous article, the following precautionary measures may be agreed among others:

1. The preventive seizure of goods, to ensure the execution of sentences of conviction to the delivery of amounts of money or fruits, rents and consumables to cash by application of certain prices.

Outside the cases of the previous paragraph, the preventive embargo will also be appropriate if the measure is appropriate and not substitutable by another one of equal or superior effectiveness and less onerous for the defendant.

2. The intervention or the judicial administration of productive assets, when a sentence is sought for the conviction to be handed over to the owner, the user or any other who has a legitimate interest in maintaining or improving the productivity or when the guarantee of this is of primary interest to the effectiveness of the conviction that may be placed on it.

3. The deposit of a piece of furniture, when the claim seeks the conviction to deliver it and is in possession of the defendant.

4. The formation of inventories of goods, under the conditions that the court has.

5. The Preventative Annotation of Demand, when it relates to goods or rights that can be registered in Public Records.

6. th Other log record, in cases where registrant advertising is useful for the good end of execution.

7. The court order to cease provisionally in an activity; to temporarily refrain from carrying out a conduct; or the temporary prohibition to interrupt or to cease in the performance of a benefit to come taking place.

8. The intervention and deposit of income obtained through an activity which is considered unlawful and whose prohibition or cessation is sought in the application, as well as the entry or deposit of the amounts claimed in the concept of remuneration for intellectual property.

9. The temporary deposit of copies of the works or objects that are reputed to be produced in violation of the rules on intellectual and industrial property, as well as the deposit of the material used for their production.

10. The suspension of contested social agreements, where the applicant or the applicants represent at least 1 or 5 per 100 of the share capital, according to which the defendant company has or has not issued securities which, at the time of the (i) the right to be admitted to trading on an official secondary market.

11. Other measures which, for the protection of certain rights, expressly provide for the laws, or which are deemed necessary to ensure the effectiveness of the judicial protection that may be granted in the judgment of the Court who will recayre in the judgment.

Article 728. Danger due to procedural arrears. Appearance of good right. Caution.

1. Interim measures may be agreed only if the person who requests them justifies, in the case in question, that the measures requested, situations which prevent or hinder the process, could occur during the pendency of the proceedings. effectiveness of the guardianship that could be granted in an eventual judgment.

No precautionary measures shall be agreed where they are intended to alter situations of fact consented to by the applicant for a long time, unless the applicant justifies the reasons why such measures are not have requested until then.

2. The applicant for precautionary measures must also present the information, arguments and documentary evidence which it provides for the court to establish without prejudging the substance of the case, a provisional and indiciary judgment in favour of the basis of their claim. In the absence of documentary justification, the applicant may provide it by other means.

3. Unless otherwise expressly provided, the applicant for the precautionary measure shall be required to provide sufficient caution in order to respond quickly and effectively to the damage caused by the adoption of the precautionary measure to the assets of the defendant.

The court shall determine the nature and content of the claim and the assessment it makes, in accordance with the preceding paragraph, on the basis of the application for the measure.

The course referred to in the preceding paragraph may be granted in any of the forms provided for in the second subparagraph of Article 529 (3

.

Article 729. Tercerias in cases of preventive seizure.

In the preventive embargo, you will be able to interpose domain terceria, but you will not admit the best-right terceria, except that the one who in another process demands to the same debtor the delivery of a quantity of money.

The jurisdiction of the third parties referred to in the preceding paragraph shall be the responsibility of the court that has agreed to the precautionary embargo.

CHAPTER II

The procedure for adopting precautionary measures

Article 730. Moments to request precautionary measures.

1. The precautionary measures shall be applied, in ordinary, together with the main claim.

2. Precautionary measures may also be requested prior to the application if the person who at that time asks for them and provides reasons of urgency or necessity.

In this case, the measures that would have been agreed will have no effect if the application does not appear before the same court that met the request of those in the twenty days following its adoption. The court, of its own motion, shall agree by order that the acts of compliance which have been carried out shall be lifted or revoked, shall condemn the applicant on the coasts and declare that he is responsible for the damages which he has caused to the subject in respect of which the measures were taken.

3. The temporary requirement referred to in the preceding paragraph shall not apply in cases of judicial formalisation of arbitration or of institutional arbitration. In such cases, in order for the precautionary measure to be maintained, it will be sufficient for the party to benefit from it to carry out all actions aimed at implementing the arbitration procedure.

4. Subsequent to the filing of the application or pending appeal only the adoption of precautionary measures may be requested where the request is based on facts and circumstances justifying the application at the time.

This request will be substantiated as prevented in this chapter.

Article 731. Access to precautionary measures. Provisional enforcement and precautionary measures.

1. A precautionary measure shall not be maintained when the main proceedings are terminated, for any cause except in the case of a conviction or equivalent order, in which case the agreed measures shall be maintained until the time limit has elapsed. referred to in Article 548 of this Law. After that period, if the implementation is not requested, the measures adopted shall be lifted.

A precautionary measure may not be maintained either if the process is suspended for more than six months for reasons attributable to the applicant of the measure.

2. Where the provisional execution of a judgment is issued, the precautionary measures which have been agreed and which relate to such enforcement shall be lifted.

Article 732. Request for precautionary measures.

1. The request for precautionary measures shall be made with clarity and precision, justifying the concurrence of the legally required budgets for their adoption.

2. The application shall be accompanied by the supporting documents or by the practice of other means for the accreditation of the budgets authorising the adoption of precautionary measures.

When the precautionary measures are requested in relation to proceedings initiated by lawsuits in which the prohibition or cessation of illicit activities is sought, the court may also be proposed that, as a matter of urgency and without giving transfer of the application form, require the reports or order the investigations that the applicant is unable to provide or carry out and which are necessary to resolve the application.

For the actor precluira the possibility to propose proof with the request for the precautionary measures.

3. The application shall be provided in the written request, specifying which type or types are to be constituted and with justification of the amount proposed.

Article 733. Hearing of the defendant. Exceptions.

1. As a general rule, the court will provide the request for precautionary measures after the defendant's hearing.

2. By way of derogation from the above paragraph, where the applicant so requests and accredits urgent reasons or that the prior hearing may compromise the good purpose of the precautionary measure, the court may agree to it without further formalities. by order, within a period of five days, by reasoning separately on the concurrence of the requirements of the precautionary measure and the reasons which have been advised to agree without hearing the defendant.

Against a self-order that will agree to precautionary measures without prior hearing of the defendant, no recourse shall be made and shall be within the meaning of Chapter III of this Title.

Article 734. View for the hearing of the parties.

1. Upon receipt of the application, the court, by means of providence, except in the cases of the second paragraph of the preceding article, within five days from the notification of the defendant shall call the parties to a hearing, to be held within the next 10 days without the need to follow the order of the pending cases where the effectiveness of the precautionary measure so requires.

2. In the view, the actor and the defendant may set out what is appropriate to their right, using the number of tests they have, which shall be admissible and practised if they are relevant to the budgets of the precautionary measures. They may also request, where necessary to prove relevant extremes, that judicial recognition is practised, that, if it is considered relevant and cannot be practised in the act of the hearing, it shall be carried out within five days.

Also, claims relating to the type and amount of the course may be made. And who should suffer the precautionary measure may ask the court to agree to accept replacement caution, as provided for in Article 746 of this Law.

3. Against the decisions of the court on the development of the appearance, its contents and the proposed test shall not be any recourse, without prejudice to the fact that, after the appropriate protest, if appropriate, the offences which have been committed may be alleged produced at the hearing in the case against the order to resolve the precautionary measures.

Article 735. Self-agreeing precautionary measures.

1. After the hearing, the court, within five days, will decide by order on the request for precautionary measures.

2. If the court considers that all the conditions laid down are satisfied and shall be deemed to be accredited, in the light of the arguments and justifications, the danger of the procedural delay, in the light of the appearance of good law, shall be in accordance with the request of the Measures shall, with any precision, set out the precautionary measure or measures to be agreed and shall specify the arrangements to be subject to them, determining, where appropriate, the form, amount and time to be provided by the applicant.

Against the self-ordering precautionary measures goat appeal, with no suspensory effects.

Article 736. Self-denial of the precautionary measures. Reiteration of the request if circumstances change.

1. Against the order in which the court refuses the precautionary measure, only appeal of appeal, to which a preferential treatment will be given. The costs shall be imposed in accordance with the criteria laid down in Article 394.

2. Even if the request for precautionary measures is denied, the actor may reproduce his request if the circumstances of the request change.

Article 737. Provision of caution.

The provision of caution shall always be prior to any act of compliance with the agreed precautionary measure.

The court will decide, by providence, on the adequacy and sufficiency of the amount of the caution.

Article 738. Execution of the precautionary measure.

1. The precautionary measure shall be agreed upon and, on its own initiative, its immediate implementation shall be carried out by means of the necessary means, including those provided for in the execution of the judgments.

2. If the precautionary embargo is agreed, it shall be carried out in accordance with the provisions of Articles 584 and following for the embargoes decreed in the process of execution, but without the debtor being obliged to the manifestation of the goods at the disposal of the Article 589.

If it is the judicial administration, it shall be carried out in accordance with Articles 630 and following.

If this is the case, the preventive annotation shall be carried out in accordance with the rules of the corresponding Register.

3. The depositaries, judicial administrators or persons responsible for the property or rights on which a precautionary measure has fallen shall only be able to dispose of them, after authorization by means of providence of the court and if circumstances so exceptional cases that are more burdensome for the defendant's estate than the disposal.

CHAPTER III

From the opposition to the precautionary measures taken without a defendant's hearing

Article 739. Opposition to the precautionary measure.

In cases where the precautionary measure has been adopted without prior hearing of the defendant, it may be opposed within 20 days, counted from the notification of the order that the precautionary measures agree.

Article 740. Causes of opposition. Provision of replacement caution.

The opposition to the precautionary measure may be the cause of the measure and the reasons for the measure or the circumstances of the measure or measures actually agreed upon, without limitation.

You may also offer replacement caution in accordance with Chapter V of this Title.

Article 741. Transfer of the opposition to the applicant, appearance in view and decision.

1. The notice of opposition shall be forwarded to the applicant, and shall then proceed as provided for in Article 734.

2. In the light of the hearing, the court, within five days, will decide in the form of a self-ruling on the opposition.

If I maintain the precautionary measures agreed, I will condemn the opposition to the opposition.

If I will raise the precautionary measures, I will condemn the actor to the costs and pay the damages that they have produced.

3. The order in which the opposition is decided shall be appealed without suspensory effect.

Article 742. Charge of damages.

Once the order of the opposition is signed, the defendant shall, at the request of the defendant and the formalities provided for in Articles 712 and following, determine the damages which, if any, would have resulted in the Precautionary measure revoked; and, once determined, the applicant shall be required to pay the measure, immediately, if not payable, to his/her levy.

CHAPTER IV

Of the modification and lifting of the precautionary measures

Article 743. Possible modification of precautionary measures.

The precautionary measures may be modified by claiming and proving facts and circumstances that could not be taken into account at the time of their concession or within the time limit to oppose them.

The request for modification shall be substantiated and resolved in accordance with the provisions of Articles 734 et seq.

Article 744. Lifting of the measure after non-final judgment.

1. Acquitted the defendant in the first or second instance, the court shall order the immediate rise of the precautionary measures taken, unless the appellant requests his or her maintenance or the adoption of a different measure and the court, heard the If the circumstances of the case are met and the amount of the security has been increased, please consider it appropriate to access the application by order.

2. If the estimate of the claim is partial, the court, with hearing of the opposing party, shall decide by order on the maintenance, lifting or modification of the precautionary measures agreed.

Article 745. Lifting of the measures after a firm absolute judgment.

Firm an absolute judgment, either in the fund or in the instance, all the precautionary measures adopted shall be lifted, and shall be carried out in accordance with the provisions of Article 742 in respect of the damages that have occurred. the defendant could suffer.

The same will be ordered in cases of renunciation of the action or withdrawal of the instance.

CHAPTER V

From the replacement course of precautionary measures

Article 746. Replacement caution.

1. The court may ask the court to accept, in place of the measures, the provision on its part of sufficient caution, in the judgment of the court, to ensure the cash. compliance with the sentencing judgment to be delivered.

2. In order to decide on the request for acceptance of a replacement course, the court will examine the merits of the request for precautionary measures, the nature and content of the claim of conviction and the favourable legal appearance it may present. the defendant's position, will also take into account the court if the precautionary measure would have to restrict or hinder the property or economic activity of the defendant in a serious and disproportionate way with respect to the assurance that that measure represent for the applicant.

Article 747. Request for replacement caution.

1. The application for the provision of replacement of the precautionary measure may be made in accordance with the provisions of Article 734 or, if the precautionary measure has already been adopted, in the form of opposition or in the form of a reasoned letter, to which it may accompany the documents it considers appropriate to its solvency, the consequences of the adoption of the measure and the most accurate assessment of the danger of procedural arrears.

Prior to the transfer of the document to the applicant for the precautionary measure, for five days, the parties shall be summoned to a hearing on the application for a replacement, in accordance with the provisions of Article 734. The hearing shall take the form of a decision by a self-ruling party within a further five days.

2. Against a car which resolves to accept or reject replacement, no appeal shall be lodged.

3. The replacement of the precautionary measure may be granted in any of the forms referred to in the second subparagraph of Article 529 (3

.

BOOK IV

Of Special Processes

TITLE I

Of processes on capacity, parentage, marriage, and minors

CHAPTER I

From General Provisions

Article 748. Scope of application of this Title.

The provisions of this Title shall apply to the following processes:

1. º Those that deal with the ability of people and those for statement of prodigality.

2. º of parentage, parenthood and maternity.

3. The nullity of marriage, separation and divorce and the modification of measures taken in them.

4. THOSE WHO DEAL EXCLUSIVELY WITH CHILD CUSTODY AND CUSTODY OF CHILDREN, or on foods claimed by one parent against the other on behalf of minor children.

5. The recognition of civil efficacy of judgments or ecclesiastical decisions in matrimonial matters.

6. º Those that object to the opposition to the administrative resolutions on the protection of minors.

7. º Those who are about the need for adoption.

Article 749. Intervention by the Prosecutor's Office.

1. In the processes of incapacitation, in the cases of marriage nullity and in the determination and challenge of the filiation, the Prosecutor's Office will always be a part, even if it has not been a promoter of the same nor must, according to the Law, assume the defense from either party.

2. In the other processes referred to in this Title, the intervention of the Prosecutor's Office shall be mandatory, provided that any of the persons interested in the proceedings are less, incapacitated or are in a situation of legal absence.

Article 750. Representation and defense of the parties.

1. Outside of the cases where, under the law, they must be defended by the Prosecutor's Office, the parties will act in the proceedings referred to in this title with the assistance of counsel and represented by procurator.

2. In the separation or divorce proceedings requested by the spouses by common agreement, the spouses may rely on a single defence and representation.

By way of derogation from the foregoing paragraph, where any of the covenants proposed by the spouses is not approved by the court, the parties shall be required to make it clear within five days if they wish to continue with the unique defense and representation or if, on the contrary, they prefer to litigate each one with their own defense and representation. Likewise, when, in spite of the agreement signed by the parties and approved by the court, one of the parties asks for the judicial execution of such an agreement, the other party shall be required to appoint a lawyer and prosecutor to defend and represent it.

Article 751. Unavailability of the process object.

1. In the processes referred to in this Title, the waiver, trespass or transaction shall not take effect.

2. Withdrawal shall require the conformity of the Ministry of Public Health, except in the following cases:

1. In the processes of declaration of prodigality, as well as in those that refer to parentage, parenthood and maternity, provided that there are no minors, disabled or absent interested in the procedure.

2. In the cases of marriage annulment by a minority of age, when the spouse who married marriage was less exercised, after reaching the age of majority, the action of nullity.

3. In the processes of marriage nullity by mistake, coercion or grave fear.

4. In separation and divorce processes.

3. By way of derogation from the foregoing paragraphs, the form of order sought in the proceedings referred to in this Title and which have as their object matters on which the parties may freely dispose, in accordance with civil law applicable, may be the object of renunciation, trespass, transaction or withdrawal, as provided for in Chapter IV of Title I of Book I of this Law.

Article 752. Test.

1. The processes referred to in this Title shall be decided on the basis of the facts which have been the subject of debate and which are proven, irrespective of the time when they were alleged or otherwise introduced in the proceedings.

Without prejudice to the evidence to be carried out at the request of the Prosecutor's Office and the other parties, the court may order as appropriate as it deems appropriate.

2. The parties ' agreement on the facts will not bind the court, nor will it be able to decide on the contested question on the sole basis of that conformity or in the silence or evasive answers on the facts alleged by the opposing party. Nor shall the court, in the proceedings referred to in this Title, be bound by the provisions of this Law in the field of the probative force of the questioning of the parties, the public documents and the private documents recognised.

3. The provisions of the preceding paragraphs shall also apply to the second instance.

4. In respect of the claims made in the proceedings referred to in this Title, and which have as their object matters on which the parties may freely dispose in accordance with the applicable civil law, they shall not apply to them. specialties contained in the preceding paragraphs.

Article 753. Processing.

Unless otherwise expressly provided, the processes referred to in this Title shall be substantiated by the proceedings of the verbal judgment, but the request shall be transferred to the Prosecutor's Office, where appropriate, and to the other persons who, in accordance with the Law, must be party to the procedure, have been or have not been sued, giving them the right to reply within twenty days, in accordance with the provisions of Article 405 of this Law.

Article 754. Exclusion from advertising.

In the processes referred to in this Title, the courts may decide, by means of a provision, on their own initiative or at the request of a party, that the acts and hearings shall be held behind closed doors and that the proceedings be reserved, provided that the circumstances advise him and even if none of the cases in Article 138 (2) of this Law are in any case.

Article 755. Access the statements to Public Records.

Where applicable, the judgments and other judgments given in the proceedings referred to in this Title shall be communicated to the Civil Records for the practice of the seats concerned.

At the request of a party, they shall also communicate to any other public register for the purposes that they have in each case.

CHAPTER II

Of the processes on people's capacity

Article 756. Competence.

You will be competent to hear about the claims on capacity and statement of prodigality by the Judge of First Instance of the place where the person to whom the statement is made is residing.

Article 757. Legitimization in the processes of intraining and the declaration of prodigality.

1. The declaration of incapacity can be promoted by the spouse or who is in a situation of fact equivalent, the descendants, the ascendants or the brothers of the presumed incapable.

2. The Ministry of Public Prosecutor's Office shall promote the lack of training if the persons referred to in the previous paragraph did not exist or did not request it.

3. Any person is entitled to bring to the attention of the Prosecutor's Office the facts that may be the determinants of the incapacitation. The authorities and public officials who, by reason of their charges, knew the existence of possible cause of incapacitation in a person, should put it to the attention of the Fiscal Ministry.

4. By way of derogation from the foregoing paragraphs, the intraining of minors, in cases where appropriate under the law, may only be promoted by those who exercise parental rights or guardianship.

5. The statement of prodigality may only be requested by the spouse, descendants or ascendants who receive food from the alleged prodigal or are in a position to claim them and the legal representatives of any of them. If legal representatives do not ask for it, the Prosecutor's Office will do so.

Article 758. Respondent's personation.

The suspect or the person whose statement of prodigality is requested may appear in the process with their own defense and representation.

If they do not do so, they will be defended by the Prosecutor's Office, provided that the promoter of the procedure has not been this. In another case, a judicial defender shall be appointed, unless he is already appointed.

Article 759. Testing and mandatory hearings in the training process.

1. In the process of incapacitation, in addition to the evidence which is carried out in accordance with the provisions of Article 752, the court shall hear the closest relatives of the presumed incapable, examine the person himself and agree to the opinions (a) any necessary or relevant expert in relation to the claims of the claim and other measures provided for by the laws. It will never be decided on the lack of training without prior expert advice, agreed by the court.

2. Where the appointment of the person or persons who are to assist or represent the incapable person and ensure that the person is unable to do so has been requested in the case, the nearest relatives of the person who is unable to attend or represent him shall be heard if have sufficient judgment, and the other persons whom the court considers appropriate.

3. If the judgment which decides on the incapacitation is appealed, the practice of the mandatory tests referred to in the preceding paragraphs of this Article shall also be ordered in the second instance.

Article 760. Statement.

1. The judgment declaring the incapacitation shall determine the extent and limits of the extension and the arrangements for the protection or keeping of the incapacitated person, and shall, where appropriate, decide on the need for detention, without prejudice to the provisions of Article 1 (1) of the prejudice to the provisions of Article 763.

2. In the case referred to in paragraph 2 of the foregoing Article, if the court is to agree to the application, the judgment declaring the intraining or the prodigality shall appoint the person or persons who, in accordance with the Law, are to attend or represent to the incapable and to watch for him.

3. The statement declaring the prodigality will determine the acts that the prodigal cannot perform without the consent of the person to assist him.

Article 761. Reintegrating capacity and modifying the scope of the intraining.

1. The intraining sentence will not prevent new circumstances from being prevented by a new process that has the object of leaving no effect or modifying the scope of the already established training.

2. It is for the persons referred to in Article 757 (1) to be brought to the proceedings by the Ministry of Education or the Ministry of Education to the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education and the Ministry of Education. Prosecutor and the incapacitated himself.

If you have deprived the incapacitated of the ability to appear on trial, you must obtain express judicial authorization to act in the process itself.

3. In the proceedings referred to in this Article, the mandatory tests referred to in Article 759 shall be carried out on their own initiative, both in the first instance and, where appropriate, in the second instance.

The statement to be delivered must decide whether or not to leave the intraining without effect, or whether or not the extent and limits of the extension should be modified.

Article 762. Precautionary measures.

1. Where the competent court is aware of the existence of a possible cause of incapacitation in a person, it shall, on its own initiative, take such measures as it deems necessary for the proper protection of the presumed incapable or of his or her assets and shall place the made in the knowledge of the Fiscal Ministry to promote, if deemed appropriate, the intraining.

2. The Prosecutor's Office may also, as soon as it becomes aware of the existence of a possible cause of incapacitation of a person, request the immediate adoption of the measures referred to in the previous paragraph.

The same measures may be taken, either ex officio or at the request of a party, in any state of the training procedure.

3. As a rule, the measures referred to in the preceding paragraphs shall be agreed upon prior to the hearing of the persons concerned. For this purpose, the provisions of Articles 734, 735 and 736 of this Law shall apply.

Article 763. Non-voluntary internment due to psychic disorder.

1. The detention, for reasons of psychic disorder, of a person who is not in a position to decide for him, even if he is subject to the parental authority or to guardianship, will require judicial authorization, which will be obtained from the court of the place where he resides the person affected by the detention.

The authorisation shall be prior to such detention, unless urgent reasons make the immediate adoption of the measure necessary. In this case, the person responsible for the centre where the detention has taken place shall be required to give the latter account as soon as possible and, in any event, within 24 hours, for the purposes of the mandatory ratification of such a measure, to be carried out within the maximum period of seventy-two hours after the detention comes to the court's knowledge.

In cases of urgent internments, the jurisdiction for the ratification of the measure will be the court of the place in which the center where the internment has taken place. That court shall, where appropriate, act in accordance with the provisions of Article 757 (3) of this Law.

2. The detention of minors will always be carried out in a mental health facility appropriate to their age, prior to the report of the services of assistance to the child.

3. Before granting the authorization or ratifying the detention that has already been carried out, the court shall hear the person affected by the decision, the Prosecutor's Office and any other person whose appearance is deemed to be appropriate or requested. by the affected by the measure. In addition, and without prejudice to any other evidence which it considers relevant to the case, the court shall, in itself, examine the person in question and hear the opinion of a person appointed by him. In all actions, the person affected by the detention measure may have representation and defence in the terms set out in Article 758 of this Law.

In any event, the decision that the court will take in connection with the detention will be subject to appeal.

4. The same decision as to the detention shall express the obligation of the authorities to inform the court on a regular basis of the need to maintain the measure, without prejudice to the other reports. that the court may require when it creates it.

The periodic reports will be issued every six months, unless the court, addressed the nature of the disorder that prompted the detention, points to a lower deadline.

Received those reports, the court, prior to the practice, if any, of the actions that it considers essential, will agree with what is coming about the continuation or not of the internment.

Without prejudice to the provisions of the preceding paragraphs, where the optional persons who serve the person concerned do not consider that it is not necessary to maintain the detention, they shall discharge the patient, and shall notify him immediately. the competent court.

CHAPTER III

Of the processes of parentage, parenthood and maternity

Article 764. Legal determination of filiation by firm sentence.

1. The courts may be asked to determine the legal status of the filiation, as well as to challenge the legally determined affiliation to them, in the cases provided for in the civil legislation.

2. The courts shall reject the admission to proceedings of any claim seeking to challenge the filiation declared by a final judgment, or the determination of a contradictory affiliation with another that has also been established by judgment firm.

If the existence of such a firm statement is credited once the process is initiated, the court will proceed with the file from the court.

Article 765. Exercise of the actions that correspond to the minor or incapacitated child and procedural succession.

1. Actions for the determination or challenge of the affiliation which, in accordance with the provisions of the civil legislation, correspond to the minor or incapacitated son may be exercised by his legal representative or by the Ministry of Public Health, interchangeably.

2. In all the processes referred to in this chapter, to the death of the actor, his heirs will be able to continue the actions already undertaken.

Article 766. Passive legitimization.

In the processes referred to in this Chapter, if they have not brought the claim, the persons to whom the condition of progenitors and the child are assigned shall be a defendant if the determination of the parentage and those who appear as parents and as a child by virtue of the legally determined affiliation, when this is contested. If any of them are deceased, their heirs shall be sued.

Article 767. Specialties in the field of procedure and test.

1. In no case shall the claim on the determination or challenge of the filiation be accepted if it does not present a principle of proof of the facts in which it is founded.

2. In the trials on filiation, the investigation of paternity and maternity will be admissible by means of all kinds of tests, including biological tests.

3. Even if there is no direct proof, the filiation may be declared which results from the express or tacit recognition of the possession of state, the coexistence with the mother at the time of conception, or other facts of which the filiation, analogue mode.

4. The unjustified refusal to submit to the biological paternity or maternity test shall allow the court to declare the filiation claimed, provided that there are other indications of paternity or maternity and the proof of paternity has not been obtained by other means.

Article 768. Precautionary measures.

1. For the duration of the proceedings for which the filiation is contested, the court shall take the appropriate protective measures concerning the person and property of the person who appears to be a parent.

2. The court may, by judicially claim the filiation, agree on provisional food from the defendant and, where appropriate, take the protective measures referred to in the preceding paragraph.

3. As a rule, the measures referred to in the preceding paragraphs shall be agreed upon prior to the hearing of persons who may be affected. For this purpose, the provisions of Articles 734, 735 and 736 of this Law shall apply.

However, when urgent reasons are present, the measures can be agreed without further formalities, and will be sent to the interested parties for an appearance, which will take place within the next ten days and where, after hearing the claims of the comparsence on the provenance of the measures taken, shall be determined by the court by order of the court.

For the adoption of precautionary measures in these processes, caution may not be required for those who request them.

CHAPTER IV

Of child and marriage processes

Article 769. Competence.

1. Unless otherwise expressly provided, it shall be the court competent to hear the proceedings referred to in this Chapter by the Court of First Instance of the place of the conjugal domicile. In the case of residence of the spouses in different judicial parties, it shall be the competent court, at the choice of the claimant or of the spouses applying for separation or divorce by mutual agreement, that of the last domicile of the marriage or of the residence of the defendant.

Those who do not have their domicile or fixed residence may be sued in the place where they are located or in the place of their last residence, at the choice of the claimant and, if the competition is not to be determined in this way, it shall be to the court of the actor's domicile.

2. In the procedure of separation or divorce by mutual agreement referred to in Article 777, the Judge of the last common address or the address of the domicile of any of the applicants shall have jurisdiction.

3. In proceedings which deal exclusively with the holding and custody of minor children or food claimed by a parent against the other on behalf of the minor children, the Court of First Instance of the place of the last common domicile of the parents. In the case of residence of the parents in different judicial parties, it shall be the competent court, at the choice of the claimant, that of the defendant's domicile or that of the child's residence.

4. The court will examine its jurisdiction of its own motion.

The agreements of the parties that oppose the provisions of this article are void.

Article 770. Procedure.

The claims of separation and divorce, except those provided for in Article 777, the nullity of marriage and the other claims made under Title IV of book I of the Civil Code, shall be substantiated by the proceedings of the trial. verbal, as set out in Chapter I of this Title, and subject, in addition, to the following rules:

1. The application must be accompanied by the certification of the registration of the marriage and, where appropriate, the registration of the birth of the children in the Civil Registry, as well as the documents in which the spouse funes his or her right. If measures of a patrimonial nature are requested, the actor must provide the documents to enable him to assess the economic situation of the spouses and, where appropriate, of the children, such as tax returns, payroll, bank certifications, property titles, or registration certificates.

2. The counterclaim shall be admissible only if it is founded on any of the causes which may give rise to the nullity of the marriage, the separation or the divorce or where the defendant spouse seeks the adoption of definitive measures which they have not been requested in the application and on which the court is not required to act on its own motion.

The counterclaim will be proposed, if any, with the response to the lawsuit and the actor will have ten days to answer it.

3. The parties themselves must be present, with a warning that their failure to appear without a justified cause may determine that the facts alleged by the party to be substantiated are considered to be admissible. their requests for definitive measures of a patrimonial nature. The presence of the respective lawyers will also be mandatory.

4. The evidence that cannot be practiced in the act of the hearing shall be carried out within the time limit which the court points out, which shall not exceed thirty days.

During this period, the court may, on its own initiative, agree on the evidence it deems necessary to verify the concurrence of the circumstances in each case required by the Civil Code to decree the nullity, separation or divorce, as well as those relating to acts of which the pronouncements are dependent on measures affecting the minor or incapacitated children, in accordance with the applicable civil law. Where children are minors or disabled, they shall be heard if they have sufficient judgment and, in any case, if they are over 12 years of age.

5. At any point in the process, the requirements set out in Article 777 are met, the parties may request that the procedure be followed by the formalities set out in that article.

6. In processes that deal exclusively with the keeping and custody of minor children or on food claimed on behalf of the minor children, for the adoption of precautionary measures that are appropriate to these processes, follow the procedures laid down in this Law for the adoption of prior, simultaneous or definitive measures in the processes of nullity, separation or divorce.

Article 771. Provisional measures prior to the application for annulment, separation or divorce. Application, appearance and resolution.

1. The spouse who proposes to sue the nullity, separation or divorce of his marriage may apply for the effects and measures referred to in Articles 102 and 103 of the Civil Code before the court of his domicile.

To make this request, the intervention of attorney and attorney will not be required, but if such intervention will be necessary for all written and subsequent action.

2. In the light of the application, the court shall send the spouses and, if any minor or incapacitated children, the Ministry of Public Prosecutor's office, to an appearance, to be held within the next 10 days. Such an appearance must be attended by the respondent spouse assisted by his attorney and represented by his attorney.

In the same resolution, you may agree immediately, if the urgency of the case so advises, the effects referred to in Article 102 of the Civil Code and what you consider to be related to the custody of the children and the use of the housing and family home. No recourse shall be made against this resolution.

3. In the event of the appearance referred to in the preceding paragraph, if there is no agreement of the spouses on the measures to be taken or is to be heard, if appropriate, the Prosecutor's Office shall not be approved in whole or in part by the court. claims of the concurrent and shall be carried out on the evidence which they propose and which is not useless or impertinent, as well as that which the court agrees on its own motion. If any evidence cannot be performed at the hearing, a date shall be indicated for his/her practice, in unit of act, within 10 days.

The lack of assistance, without justification, of any of the spouses to the hearing may determine that the facts alleged by the present spouse are considered to be admitted in order to substantiate their requests for action. provisional assets of a patrimonial nature.

4. After the hearing has been completed or, where appropriate, the act which has been indicated for the practice of the evidence which could not have been produced at that time, the court shall, within three days, decide by order against which it shall not be given resource.

5. The effects and measures agreed upon in accordance with the provisions of this Article shall only survive if, within thirty days of their adoption, the application for a declaration of invalidity, separation or divorce is filed.

Article 772. Confirmation or modification of the provisional measures prior to the application, upon admission.

1. Where measures have been taken prior to the application, which is accepted, action on the adoption of such measures shall be brought to the proceedings of the proceedings for annulment, separation or divorce, with a request for that purpose. testimony, if the action on the measures had taken place in a court other than the court hearing the action.

2. Only when the court considers that it is appropriate to complete or amend the measures previously agreed shall call the parties to an appearance, which shall be substantiated in accordance with the provisions of the previous article.

Against the car that will be issued will not be given any recourse.

Article 773. Interim measures arising from the admission of the claim for invalidity, separation or divorce.

1. The spouse who applies for the invalidity of his marriage, separation or divorce may request in the application what he considers appropriate on the provisional measures to be taken, provided that they have not been adopted before. Both spouses may also subject to the approval of the court the agreement that they have reached on such matters. Such an agreement shall not be binding on the parties ' respective claims or on the decision to be taken by the court in respect of the final measures.

2. If the application is accepted, the court shall decide on the requests referred to in the previous paragraph and, failing that, agree on the matter, in any event, in accordance with Article 103 of the Civil Code.

3. Before issuing the decision referred to in the preceding paragraph, the spouses and, where appropriate, the Ministry of Public Prosecutor's Office, shall be called upon to appear, which shall be substantiated in accordance with the provisions of Article 771.

Against the car that will be issued will not be given any recourse.

4. The defendant's spouse may also apply for interim measures where they have not been adopted before or have not been requested by the actor, in accordance with the provisions of the preceding paragraphs. The application must be made in the defence of the application and shall be substantiated in the main proceedings, where the application is made within 10 days of the reply, in order to resolve the case by means of a non-appeal when the judgment is not could be dictated immediately after the view.

If the view cannot be noted within the indicated time limit, the appearance referred to in paragraph 3 of this Article shall be convened.

5. The provisional measures shall be without effect when they are replaced by those which definitively establish the judgment or where the procedure is terminated otherwise.

Article 774. Definitive measures.

1. In the view of the judgment, if they have not done so before, in accordance with the provisions of the foregoing Articles, the spouses may submit to the court the arrangements to which they have arrived to regulate the consequences of invalidity, separation or divorce; and propose the test which they consider appropriate to justify their provenance.

2. In the absence of an agreement, the relevant and useful evidence shall be carried out which the spouses or the Ministry of Public Prosecutor propose and which the court may decide on the facts which are relevant to the decision on the measures to be taken.

3. The court will rule in the judgment on the measures requested by the spouses, whether they have already been adopted, or whether they have been proposed at a later date.

4. In the absence of agreement of the spouses or in the event of failure to approve the same, the court shall determine, in the judgment itself, the measures to replace the measures already adopted in relation to the children, the family housing, the the burden of marriage, the dissolution of the economic regime and the respective channels or guarantees, establishing those which would have taken place if none of these concepts had been adopted.

5. The remedies which, in accordance with the law, are brought against the judgment shall not suspend the effectiveness of the measures which have been agreed upon in the judgment. If the challenge concerns only the pronouncements on measures, the determination of the pronouncement on nullity, separation or divorce shall be declared.

Article 775. Amendment of the definitive measures.

1. The Prosecutor's Office, having minor or incapacitated children and, in any case, the spouses may request the court to modify the measures agreed by the spouses or the default adopted, provided that they have varied substantially the circumstances taken into account when approving or agreeing to them.

2. Such requests shall be processed in accordance with Article 771. However, if the request was made by both spouses by common agreement or by one with the consent of the other and accompanied by a proposal for a regulatory agreement, the procedure laid down in the following Article shall be followed.

3. The parties may request, in the application or in the defence, the provisional amendment of the definitive measures granted in a previous dispute. This request shall be substantiated in accordance with the provisions of Article 773.

Article 776. Enforced execution of the pronouncements on measures.

Pronouncements on measures will be implemented in accordance with the provisions of book III of this Law, with the following specialties:

1. The spouse or parent who repeatedly fails to comply with the obligations for payment of the amount corresponding to it may be subject to periodic penalty payments, in accordance with Article 711 and without prejudice to the effective on your estate the amounts due and not satisfied.

2. In the event of non-compliance with non-pecuniary obligations, the automatic substitution shall not be carried out for the pecuniary equivalent provided for in the third paragraph of Article 709 and the monthly periodic penalty payments as long as necessary beyond the one-year time limit set out in that provision.

3. The repeated non-compliance with the obligations arising from the system of visits, both by the guardian parent and by the non-keeper, may lead to the modification of the system of guards and visits.

Article 777. Separation or divorce requested by mutual agreement or by one of the spouses with the consent of the other.

1. Requests for separation or divorce submitted by mutual agreement by both spouses or by one with the consent of the other shall be dealt with in accordance with the procedure laid down in this Article.

2. In writing, the procedure must be accompanied by the certification of the registration of the marriage and, where appropriate, the registration of the birth of the children in the Civil Registry, as well as the proposal for a regulatory agreement. in accordance with the provisions of the civil law and the document or documents in which the spouse or spouses merge their rights. If any relevant facts cannot be proved through documents, the same letter will provide proof that the spouses want to use the document to prove it.

3. In the light of the request for separation or divorce, the spouses shall be sent, within three days after the request, to be ratified separately in their request. If it is not ratified by one of the spouses, the file of the proceedings shall be immediately agreed, without further appeal, with the exception of the spouses ' right to promote separation or divorce in accordance with the provisions of the Article 770.

4. The application, if the documentation provided is insufficient, is ratified by the two spouses, the court will grant the applicants a period of ten days to complete the application. During that period, the proof that the spouses have proposed and the other that the court considers necessary to prove the concurrence of the circumstances in each case required by the Civil Code and to appreciate the where the proposal for a regulatory agreement is approved.

5. If there are minor or incapacitated children, the court shall obtain a report from the Prosecutor's Office on the terms of the agreement relating to the children and shall hear them, if they have sufficient judgment and always for the oldest of twelve years. Such actions shall be carried out during the period referred to in the previous paragraph or, if the previous paragraph has not been opened, within five days.

6. Having complied with the two preceding paragraphs or, if not necessary, immediately after the spouses have been ratified, the court shall give judgment by granting or refusing separation or divorce and, where appropriate, by giving a decision. on the regulatory agreement.

7. Granted the separation or divorce, if the judgment does not approve in whole or in part the proposed regulatory agreement, the parties will be granted a period of ten days to propose a new convention, limited, if necessary, to the points that have not been approved by the court. If the proposal has been submitted or the time limit has elapsed, the court will order a car within the third day, resolving the case.

8. The sentence that denies the separation or divorce and the order that agrees to any measure that departs from the terms of the agreement proposed by the spouses may be appealed on appeal. The appeal against the order of action shall not suspend the effectiveness of the measures, nor shall it affect the firmness of the judgment relating to separation or divorce.

The judgment or order that the entire convention proposal will approve in its entirety may only be appealed to, in the interest of the minor or incapacitated children, by the Prosecutor's Office.

9. The amendment of the regulatory agreement or of the measures agreed by the court in the proceedings referred to in this Article shall be substantiated in accordance with the provisions of that agreement when requested by both spouses by common agreement or by one of them. the consent of the other and with a proposal for a new regulatory agreement. In another case, the provisions of Article 775 shall apply.

Article 778. Civil efficacy of decisions of the ecclesiastical courts or of pontifical decisions on marriage for a while and not for an accomplished one.

1. In the case of applications for the civil effectiveness of the judgments handed down by the ecclesiastical courts on the nullity of canonical marriage or the pontifical decisions on marriage for a while and not, if the adoption is not called for Amendment of measures, the court will give a ten-day hearing to the other spouse and the Prosecutor's Office and will resolve by way of order what is appropriate on the effectiveness in the civil order of the ecclesiastical decision or decision.

2. Where the application has been requested for the adoption or amendment of measures, the request for civil effectiveness of the canonical decision or decision shall be substantiated in conjunction with the request for measures, in accordance with the procedure to be followed. in accordance with the provisions of Article 770.

CHAPTER V

From the opposition to administrative resolutions on child protection and the procedure to determine the need for consent to adoption

Article 779. Competence.

It shall be competent to know of the processes referred to in this Chapter by the Court of First Instance of the domicile of the protective entity and, failing that, or in the cases of Articles 179 and 180 of the Civil Code, the jurisdiction shall correspond to the court of the adopter's domicile.

Article 780. Opposition to administrative resolutions on the protection of minors.

1. The prior complaint shall not be necessary on the administrative basis in order to express opposition to administrative decisions in the case of child protection before the civil courts.

2. Any person seeking to oppose an administrative decision in the field of child protection shall submit an initial document in which he succinctly expressed his claim and the decision to which he is opposed.

3. The court shall require the administrative entity to give full testimony to the file, which shall be provided within 20 days.

4. On receipt of the testimony of the administrative file, the actor shall be placed for 20 days to present the application, which shall be processed in accordance with Article 753.

Article 781. Procedure to determine the need for adoption consent.

1. Parents seeking to recognise the need for their consent for adoption may be brought before the court which is aware of the relevant file and make it clear. The court, with the suspension of the file, shall state the time limit which it considers necessary for the filing of the application, which may not be less than 20 days or exceed 40 days. The application shall be processed in accordance with the provisions of Article 753.

2. If the application is not filed within the time limit set by the court, order shall be given for the completion of the procedure. Given this judgment, no subsequent complaint of the same subjects on the need for assent for the adoption in question shall be admissible.

TITLE II

From the judicial division of wealth

CHAPTER I

From the inheritance division

SECTION 1 OF THE PROCEDURE FOR INHERITANCE DIVISION

Article 782. Request for judicial division of inheritance.

1. Any coherenter or legatee of an aliquot party may claim the division of the inheritance judicially, provided that the latter is not to be made by a commissar or accountant appointed by the testator, by agreement between the confreres or by resolution judicial.

2. The application shall be accompanied by the death certificate of the person whose succession is concerned and the document attesting to the status of the applicant's heir or legal person.

3. Creditors may not request the division, without prejudice to the actions which correspond to the inheritance, the hereditary community or the coherends, which shall be exercised in the declaratory judgment which corresponds, without suspending or hindering the Inheritance division performances.

4. However, creditors recognised as such in the will or by the cohereners and those who have their right documented in an executive title may object to the effect of the inheritance being taken until they are paid or affiance the amount of their claims. This request may be deducted at any time before the delivery of the goods awarded to each heir.

5. The creditors of one or more of the cohereners may intervene at their expense in the partition to prevent it from being made in fraud or damage to their rights.

Article 783. Call for Board to designate counter and experts.

1. The judicial division of the estate will be agreed upon, when the order has been requested and will result, the intervention of the hereditary flow and the formation of inventory.

2. In the course of the preceding proceedings or, if not necessary, in the light of the application for judicial division of the estate, the heirs, the legacies of the aliquot and the surviving spouse shall be sent to the Board of the heirs. within the next ten.

3. The summons of the interested parties who are already personated in the proceedings will be made through the attorney general. Those who are not personas shall be personally quoted if their residence is known. If they are not, they shall be called by edicts, in accordance with the provisions of Article 164.

4. The Prosecutor's Office shall also be convened to represent those who are interested in inheritance who are minors or incapacitated and do not have legitimate representation and those who are absent whose whereabouts are ignored. The representation of the Prosecutor's Office shall cease once the minors or the disabled are authorized by legal representative or judicial defender and, in respect of the absent, when they are present in the trial or may be personally summoned, although return to absent.

5. The creditors referred to in paragraph 5 of the foregoing Article shall be summoned to the Board when they are persons in the proceedings. Those who are not personas shall not be cited, but may participate in it if they are present on the day indicated by providing the evidence of their claims.

Article 784. Appointment of the accountant and experts.

1. The Board shall be held, with which they shall attend, on the day and time appointed and shall be chaired by the Judicial Secretary.

2. The persons concerned shall agree on the appointment of an accountant who practices the division of the flow, as well as on the appointment of the expert or experts to be involved in the goods. No more than one expert may be appointed for each class of goods to be justified.

3. If the Board results in the absence of an agreement for the appointment of an accountant, one shall be appointed by lot, in accordance with the provisions of Article 341, from among the lawyers exercising special knowledge in the field and with professional office. at the place of the trial. If no agreement has been reached on the experts, the same procedure shall be used to designate the counter or accountants as necessary for the purpose of carrying out the endorsements, but never more than one for each class of goods to be assessed.

4. It shall apply to the counter-designated by draw the provisions for the recusal of the experts.

Article 785. Delivery of the documentation to the counter. Obligation to fulfill the accepted order and time to do so.

1. The counter and the experts shall, if necessary, after acceptance, the cars shall be delivered to the first and shall be made available to the latter and to the experts as to how many objects, documents and papers they need to take stock of the inventory, where the inventory does not exist. been done, and the issue, settlement and division of the hereditary flow.

2. The acceptance of the counter shall entitle each of the persons concerned to oblige them to fulfil their duties.

3. At the request of a party, the court may by providence fix a time limit for the counter to the counter, and if it fails to verify it, it shall be liable for damages.

Article 786. Practice of dividing operations.

1. The counter shall perform the dividing operations in accordance with the law applicable to the succession of the causative; but if the testator has established different rules for the inventory, assessment, liquidation and division of his assets, (a) shall be subject to the following conditions, provided that they do not adversely affect the legitimate heirs of the heirs. In any case, it will seek to avoid the indivision, as well as the excessive division of the farms.

2. The dividing operations shall be submitted within the maximum period of two months after they have been initiated and shall be contained in a letter signed by the counter, in which it shall be expressed:

1. The relationship of the goods that form the partible flow.

2. º The avaluo of the understood in that relationship.

3. The settlement of the flow rate, its division and the award to each unit member.

Article 787. Approval of the dividing operations. Opposition to them.

1. The parties shall be transferred to the parties and shall be placed in opposition for 10 days. During this period, the parties may examine the cars and the dividing operations at the Secretariat and obtain copies on their request.

The opposition shall be made in writing, expressing the points of the dividing operations to which it relates and the reasons for it.

2. After this term has not been challenged or after the parties have expressed their agreement, the court will call the cars in the view and will dictate to the court approving the dividing operations, sending them to the court.

3. Where the opposition to the dividing operations has been formalised in a working time, the court shall send the counter and the parties to an appearance, which shall be held within 10 days.

4. If at the hearing the agreement of all the interested parties is reached regarding the issues promoted, the agreement will be executed and the counter will make in the dividing operations the agreed reforms, that they will be approved by the court with pursuant to paragraph 2 of this Article.

5. If there is no conformity, the court shall hear the parties and admit the evidence they propose and which are not impertinent or useless, continuing the substantiation of the procedure in accordance with the provisions of the oral judgment.

The judgment that will fall will be carried out in accordance with the provisions of the following article, but it will not have the effectiveness of res judicata, and the interested parties can assert the rights that they create corresponding to the goods adjudicated in the appropriate ordinary judgment.

6. Where, in accordance with Article 40 of this Law, proceedings have been suspended for pending criminal proceedings for the investigation of a crime of co-fact committed in the property of the estate, the suspension shall be lifted, Without waiting for the cause to end on a firm resolution, as soon as the parties concerned, dispensing with the contested endorsement, they shall present another act of common agreement, in which case the judgment shall be delivered in accordance with the foregoing.

Article 788. Delivery of the goods awarded to each heir.

1. The partitions will be definitively approved, each of the interested parties will be given what has been awarded to them and the titles of property, previously being put in these by the actuary express notes of the award.

2. After they are protocolized, the participants will be given the opportunity to testify of their respective haber and adjudication.

3. By way of derogation from the foregoing paragraphs, where the request referred to in Article 782 (4) has been made by a creditor of the estate, the goods shall not be delivered to any of the heirs or legal persons without be fully paid or guaranteed to your satisfaction.

Article 789. Termination of the procedure by agreement of the confreres.

In any state of the trial, interested parties may be separated from their follow-up and adopt the agreements they deem appropriate. Upon request by common agreement, the court must terminate the judgment and make the assets available to the heirs.

SECTION 2 OF HEREDITARY FLOW INTERVENTION

Article 790. Insurance of assets of the estate and documents of the deceased.

1. Provided that the court has notice of the death of a person and does not include the existence of a will, nor of ascendants, descendants or spouse of the finado or person who is in a situation of fact equivalent, nor of collateral within of the fourth grade, shall take the measures most indispensable for the burial of the deceased if necessary and for the safety of the goods, books, papers, correspondence and effects of the deceased susceptible of subtraction or concealment.

In the same way it will be done when people who speak the previous paragraph are absent or when one of them is minor or incapacitated and has no legal representative.

2. In the cases referred to in this article, after the relatives or the legal representative are appointed to the minors or the disabled, they shall be given the goods and effects belonging to the deceased, ceasing the judicial intervention, except the provisions of the following Article.

Article 791. Judicial intervention of the estate when there is no evidence of the existence of a will or of relatives called to the legitimate succession.

1. In the case referred to in paragraph 1 of the preceding Article, once the actions referred to in that Article have been carried out, the court shall, by providence, take the measures which it considers to be most conducive to finding out whether the person whose succession is He has died with a testamentary disposition or without it, ordering, for this purpose, that it be brought to the certified cars of the General Register of Acts of Last Will, as well as the certificate of death after that it is possible.

In the absence of other means, the court will order by providence that the relatives, friends or neighbors of the deceased be examined on the fact that he has died this abdicate and whether he has relatives with the right to succession. legitimate.

2. If, in fact, it is possible to have passed away without being terest and without relatives called by the law to the succession, the court shall, by means of order, proceed:

1. To occupy the books, papers and correspondence of the deceased.

2. To inventory and deposit the goods, with the provision of what is applicable to your administration, in accordance with the provisions of this Law. The court may appoint a person, under the hereditary flow, to carry out and guarantee the inventory and its deposit.

In the same resolution you will automatically order the separate part opening to make the statement of heirs abdicate.

Article 792. Judicial intervention of the estate during the processing of the declaration of heirs or of the judicial division of the estate. Intervention at the request of the creditors of the estate.

1. The actions referred to in paragraph 2 of the previous Article may be agreed upon at the request of a party in the following cases:

1. º For the spouse or any of the relatives who are created with the right to the legitimate succession, provided they prove that they have promoted the declaration of heirs to the notary, or the request for intervention of the Hereditary flow rate at the time of promoting the judicial declaration of heirs.

2. º By any coherender or legier of an aliquot part, at the time of applying for the judicial division of the estate, except that the intervention would have been expressly prohibited by testamentary disposition.

2. They may also request the intervention of the hereditary flow, in accordance with the second paragraph of the previous article, the creditors recognised as such in the will or by the cohereners and those who have their right to be documented. in an executive title.

Article 793. First actions and citation of stakeholders for inventory training.

1. Agreed upon the intervention of the hereditary rate in any of the cases referred to in the preceding articles shall order the court, by way of order, if necessary and not previously carried out, the adoption of the measures essential for the security of the goods, as well as for the books, papers, correspondence and effects of the deceased susceptible of subtraction or concealment.

2. In the same resolution, it will point out day and time for inventory training, sending the interested parties.

3. They must be cited for inventory training:

1. The surviving spouse.

2. º Relatives who may be entitled to inheritance and be known, when there is no evidence of the existence of a will or the declaration of an abbate heirs.

3. º The heirs or legatees of an aliquot part.

4. The creditors to whose instance the intervention of the hereditary flow has been decreed and, where appropriate, those who are personated in the procedure of division of the inheritance.

5. The Fiscal Ministry, provided that there are unknown relatives with the right to the legitimate succession, or that any of the known relatives entitled to the inheritance or the heirs or legacies of an aliquot you may be personally cited for not being known to your residence, or when any of the stakeholders are minor or incapacitated and do not have a legal representative.

6. The State Advocate, or, in the cases provided for by law, the Legal Services of the Autonomous Communities, where there is no evidence of the existence of a will or of a spouse or relatives who may be entitled to the succession legitimate.

Article 794. Inventory training.

1. All those mentioned in the previous article, in the day and hour indicated, shall proceed with the Judicial Secretary, with whom they attend, to form the inventory, which shall contain the relationship of the assets of the inheritance and the scriptures, documents and important roles to be found.

2. If, by means of testamentary disposition, special rules have been established for the inventory of the estate of the estate, it shall be formed subject to these rules.

3. When the inventory cannot be finished on the designated day it will be continued in the following days.

4. If there is controversy over the inclusion or exclusion of goods in the inventory, the interested parties will be quoted, continuing the processing as provided for in the oral judgment.

The ruling on the inclusion or exclusion of goods in the inventory will leave the rights of third parties safe.

Article 795. Resolution on the administration, custody and conservation of the hereditary flow.

The inventory shall be determined by the court, by means of order, which according to the circumstances corresponds to the administration of the flow, its custody and conservation, in accordance with, where appropriate, to what on these matters disposed of the testator and, failing that, subject to the following rules:

1. The metal and public effects shall be deposited in accordance with the law.

2. The administrator shall be appointed to the widower or widow and, in the absence thereof, to the heir or legatee of an aliquot party who has a greater part in the inheritance. In the absence of these, or if they do not, in the judgment of the court, have the necessary capacity to carry out the charge, the court may appoint an administrator to any of the heirs or legatees of an aliquot party, if any, or to a third party.

3. The administrator must, in any of the forms permitted by this Law, provide sufficient caution to respond to the goods delivered to him, which shall be fixed by the court. It may, however, dispense with the use of the widowed spouse or the designated heir administrator when they have sufficient assets to respond to them.

4. The heirs and legivers of an aliquot part may dispense with the administrator of the duty to provide caution. In the absence of such conformity, the flow shall be provided to the interest in the flow of those who do not grant their relief. In any event, it shall be constituted in respect of the participation in the inheritance of minors or disabled persons who do not have a legal representative and of those who are absent for whom they cannot be cited for ignoring their whereabouts.

Article 796. Cessation of the judicial intervention of the estate.

1. The judicial intervention of the estate shall cease when the declaration of heirs is made, unless one of them requests the judicial division of the estate, in which case the intervention may be subsist, if so requested, until such time as surrender to each heir of the goods which have been awarded to them.

2. During the substantiation of the judicial division procedure of the estate, the heirs may request, by common agreement, that the judicial intervention cease. The court shall agree to this, except where one of the persons concerned is either minor or incapacitated and has no legal representative or where there is an absent heir who has not been able to be cited for ignoring his whereabouts.

3. If there are creditors recognised in the will or by the confreres or with a documented right in an executive title, they would have objected to the fact that the partition of the estate be brought into effect until the amount of their assets is paid or appropriations, the cessation of the intervention will not be agreed until payment or consolidation occurs.

SECTION 3 OF THE HEREDITARY FLOW ADMINISTRATION

Article 797. Possession of the inheritance administrator charge.

1. Appointed by the administrator and provided by this course, he will be placed in his position, giving him the right to recognize the persons whom he himself designates of those with whom he or she should be understood for their performance.

2. In order for him to be able to prove his representation, he will be given testimony, on the record of his appointment and in possession of the position.

3. The state of administration of the estate of the estate and the appointment of administrator may be recorded in the Land Registry by means of the corresponding judicial injunction with the requirements laid down in the legislation. mortgage.

Article 798. Representation of the inheritance by the administrator.

As long as the estate has not been accepted by the heirs, the administrator of the estate shall represent the estate in all disputes that are promoted or which are at the same time as the cause of death and shall exercise in that inheritance. representation of the actions that may correspond to the deceased, until the declaration of heirs is made.

Accepted the inheritance, the administrator will only have the representation of the same as it relates directly to the administration of the flow, its custody and conservation, and in such a concept it will be able and will have to manage conducting, exercising the actions that proceed.

Article 799. Periodic accountability.

1. The administrator shall be justified within the time limits specified by the court, which shall be proportionate to the importance and conditions of the flow, without in any event exceeding one year.

2. When the account is held, the administrator shall record the balance of the account, or present the original certificate stating that it has been deposited in the establishment for the purpose. In the first case, the court shall immediately agree by providing the deposit and, in the second case, that the date and quantity of the deposit be placed on the express due diligence.

3. For the purposes of instructing the accounts and in order to inspect the administration or to promote any measures that are about rectification or approval of those, they will be revealed in the Secretariat to the party that, in any time, I ask.

Article 800. Final accountability. Impeachment of the accounts.

1. When the administrator ceases the performance of his duties, he shall pay an additional final account of those already submitted.

2. All the accounts of the administrator, including the final, shall be brought to the attention of the parties at the Registry, when he ceases to discharge his position, by a common term, which the court shall indicate by means of providence according to the importance of those.

3. After that term, without being opposed to the accounts, the court will dictate to approve them and declare the administrator free of responsibility. In the same order, the court shall send the administrator the security which he has provided.

4. If the accounts are contested in a working time, the document of impeachment shall be moved to the account to reply as provided for in Articles 404 and following, continuing the processing in accordance with the provisions of the judgment verbal.

Article 801. Conservation of heritage assets.

1. The administrator is obliged, under his responsibility, to preserve the assets of the estate without detriment, and to ensure that they give the income, products or profits that it corresponds to.

2. To this end he must make the ordinary repairs that are indispensable for the preservation of the goods. Where repairs or extraordinary expenses are necessary, it shall be brought to the attention of the Court, which, hearing in an appearance to the persons concerned referred to in Article 793 (3) and prior recognition and training of budget will resolve what it deems appropriate, given the circumstances of the case.

Article 802. Destination of the amounts collected by the administrator in the performance of the charge.

1. The administrator shall, without delay, make available to the Court the amounts collected in the performance of his duties, retaining only those necessary to meet the costs of litigation, payment of contributions and other services. ordinary.

2. In order to meet the extraordinary expenses referred to in the previous article, the court may, by means of providence, leave the administrator with the sum that is necessary, sending it out of the deposit if it cannot be covered by the income ordinary. The latter shall also be ordered where some ordinary expenditure is to be made and the administrator does not have sufficient quantity from the administration of the estate.

Article 803. Prohibition on the disposal of inventoried goods. Exceptions to that prohibition.

1. The administrator shall not be able to dispose or tax inventoried goods.

2. Except for this rule:

1. º That may deteriorate.

2. º Those that are difficult and expensive to conserve.

3. The fruits for the disposal of which are considered advantageous circumstances.

4. º Other goods whose disposal is necessary for the payment of debts, or to cover other attentions of the administration of the estate.

3. The court, acting on a proposal from the administrator, and hearing the persons concerned referred to in Article 793 (3), may, by providence, decree the sale of any such property, which shall be verified by public auction in accordance with the provisions of Article 793. established in the notarial legislation or in the procedure of voluntary jurisdiction.

The securities admitted to official listing will be sold through that market.

Article 804. Remuneration of the administrator.

1. The administrator shall not be entitled to any other remuneration as follows:

1. On the liquid product of the sale of fruits and other movable property of those included in the inventory, you will receive 2 per 100.

2. On the liquid product of the sale of real estate and collection of values of any species, 1 per 100.

3. On the liquid product from the sale of public effects, the average by 100.

4. On the other income in the administration, by different concepts from those expressed in the preceding paragraphs, the court will point out the 4 to 10 per 100, taking into consideration the products of the caudal and the administration work.

2. The court may also agree, by means of providence, when it considers it to be fair, that the administrator shall pay the travel expenses that he has to make for the performance of his duties.

Article 805. Subaltern administrations.

1. The subaltern administrations shall be preserved which, for the care of their property, shall have the finado, with the same remuneration and powers as it has granted them.

2. Such administrators shall render their accounts and transmit what they collect to the judicial administrator, considering themselves as dependent on it, but may not be separated by it but for a fair cause and with authorization by means of the court.

3. With the same authorisation, the judicial administrator may provide, under his or her responsibility, the vacancies that will result.

CHAPTER II

The procedure for the settlement of the matrimonial property regime

Article 806. Scope of application.

The liquidation of any matrimonial property regime which, by marriage or legal provision, determines the existence of a common mass of goods and rights subject to certain burdens and obligations shall carry out, in the absence of agreement between the spouses, in accordance with the provisions of this Chapter and the applicable civil rules.

Article 807. Competence.

You will be competent to hear the settlement procedure of the Court of First Instance that you are aware of or have known about the process of nullity, separation or divorce, or the one to which the proceedings are followed or actions on the dissolution of the matrimonial property regime by any of the causes provided for in the civil legislation.

Article 808. Inventory request.

1. Upon admission of the claim for invalidity, separation or divorce, or initiated the process in which the dissolution of the matrimonial property regime has been demanded, any spouse may request the formation of an inventory.

2. The application referred to in the previous paragraph shall be accompanied by a proposal in which, with due separation, the different items to be included in the inventory shall be entered in accordance with the civil legislation.

The application will also be accompanied by documents justifying the various items included in the proposal.

Article 809. Inventory training.

1. In the light of the request referred to in the previous Article, it shall be noted day and hour that, within the maximum period of 10 days, inventory training is to be carried out, giving the spouses a quote.

On the day and time indicated, the Judicial Secretary will proceed, with the spouses, to form the inventory of the marriage community, subject to the provisions of the civil legislation for the matrimonial property regime that treat.

When, without a justified cause, one of the spouses does not appear on the appointed day, he or she will be held in accordance with the proposal of an inventory made by the spouse who has appeared. In this case, as well as when the two spouses have appeared, they shall enter into an agreement, be entered in the minutes and the act shall be terminated.

On the same day or in the next day, you will resolve what is applicable to the administration and disposition of the goods included in the inventory.

2. If there is a dispute over the inclusion or exclusion of any concept in the inventory or the amount of any of the items, the parties concerned shall be summoned to a hearing, continuing the processing in accordance with the provisions of the judgment. verbal.

The judgment will rule on all matters raised, approving the inventory of the marriage community, and will provide whatever is appropriate to the administration and disposition of the commons.

Article 810. Settlement of the matrimonial property regime.

1. After the inventory has been completed and once the resolution declaring the matrimonial property regime is signed, any spouse may request the settlement of the property.

2. The application shall be accompanied by a proposal for a settlement including the payment of compensation and refunds due to each spouse and the division of the remainder in the proportion corresponding, taking into account, in the formation of the lots, preferences to set applicable civil rules.

3. When the application for settlement is accepted, it shall be indicated, within the maximum period of 10 days, the day and time when the spouses are to appear before the Secretary of the Judiciary in order to reach an agreement and, failing that, to appoint an accountant and, their case, experts, for the practice of dividing operations.

4. Where, without a justified cause, one of the spouses does not appear on the day indicated, he shall be held in accordance with the proposal for a settlement which the spouse who has appeared to make. In this case, and where the two spouses have appeared, they shall enter into an agreement, the minutes shall be entered in the minutes and the act shall be terminated, taking into effect what has been agreed in accordance with the first two paragraphs of Article 788. of this Law.

5. If the spouses do not agree on the liquidation of their economic-marital arrangements, the appointment of an accountant and, where appropriate, experts, as provided for in Article 784 of this Law, shall be carried out by means of providence, continuing the processing in accordance with the provisions of Articles 785 et

.

Article 811. Settlement of the participation scheme.

1. The settlement of the participation scheme may not be applied until the decision declaring the matrimonial property regime is signed.

2. The application shall be accompanied by a settlement proposal including an estimate of the initial and final assets of each spouse, expressing, where appropriate, the amount resulting from the payment by the spouse who has experienced a further increase. patrimonial.

3. In the light of the application for settlement, it shall be noted, within the maximum period of 10 days, the day and time when the spouses are to appear before the Judicial Secretary in order to reach an agreement.

4. Where, without a justified cause, one of the spouses does not appear on the day indicated, he shall be held in accordance with the proposal for a settlement which the spouse who has appeared to make. In this case, as well as when the two spouses have appeared, they shall enter into an agreement, be entered in the minutes and the act shall be terminated.

5. If there is no agreement between the spouses, a hearing will be given to them, and the processing will continue according to what is intended for the verbal judgment.

The judgment will rule on all the issues raised, determining the initial and final assets of each spouse, as well as, where appropriate, the amount to be met by the spouse whose estate has undergone a increased increase and the way the payment is to be made.

TITLE III

Of the monitoring and currency processes

CHAPTER I

The order for payment process

Article 812. Cases where the order for payment procedure is appropriate.

1. The order for payment of a debt payment, due and payable, of a given amount not exceeding five million pesetas, may be used by the payment process where the debt of that amount is credited to any of the forms. following:

1. Through documents, whatever form and class or the physical support they are in, that appear signed by the debtor or with his stamp, imprint or mark or with any other sign, physical or electronic, originating of the debtor.

2. Inform invoices, delivery notes, certifications, telegrams, telefax or any other documents which, even unilaterally created by the creditor, are those that usually document the credits and debts in relationships of the class that appears to exist between creditor and debtor.

2. Without prejudice to the provisions of the preceding paragraph and in the case of debts meeting the requirements laid down in that paragraph, the order for payment of such debts may also be used for payment of such debts, in the following cases:

1. º When, next to the document in which the debt is recorded, commercial documents are provided that credit a long-term relationship.

2. When the debt is credited by means of certificates of default of amounts due in respect of common expenses of Communities of owners of urban buildings.

Article 813. Competence.

The Judge of First Instance of the debtor's domicile or residence or, if not known, the place where the debtor could be found for the purposes of the order for payment, shall be exclusively competent for the order for payment procedure. payment by the court, except in the case of the claim for debt referred to in Article 812 (2), paragraph 2, in which case the court of the place where the farm is located shall also be competent, at the choice of the applicant.

In any case, the rules on express or tacit submission contained in Section 2 of Chapter II of Title II of Book I shall not apply.

Article 814. Initial request for the order for payment procedure.

1. The order for payment procedure shall begin at the request of the creditor in which the identity of the debtor, the domicile or addresses of the creditor and the debtor or the place where they resided or could be found and the origin and amount of the debt are expressed, accompanying the document or documents referred to in Article 812.

The request may be extended in form or form to facilitate the expression of the extremes referred to in the previous paragraph.

2. For the submission of the initial request for the order for payment procedure, it will not be necessary to avail himself of attorney and attorney.

Article 815. Admission of the request and order for payment.

1. If the documents provided with the request are as provided for in Article 812 (2) or constitute, in the judgment of the court, a principle of proof of the right of the petitioner, which is confirmed by what is stated in that court, it shall be required by providence to the debtor so that, within 20 days, he must pay the petitioner, accrediting him to the court, or appear before the court and take up succinctly, in writing of opposition, the reasons why, in his view, he must not, in all or in part, the amount claimed.

The order will be notified in the manner provided for in Article 161 of this Law, with a warning that, if you do not pay or appear on the grounds of the refusal to pay, you will be issued against the execution as prevented in the following article.

2. In the case of claims for debt referred to in Article 812 (2), the notification shall be made at the address previously designated by the debtor for the notifications and citations of any kind relating to the debtor. (a) the ownership of the property. If no such address has been designated, the communication shall be attempted on the floor or premises, and if it cannot be made effective in this way, it shall be notified to it in accordance with the provisions of Article 164 of this Law.

Article 816. Failure to appear of the required debtor and dispatch of the execution. Interests.

1. If the required debtor does not appear before the court, the court shall give an order in which he or she shall execute the amount due.

2. Despatched execution, it will continue to be in accordance with the provisions of the court judgments, and the opposition provided for in these cases may be formulated, but the applicant of the order for payment and the debtor executed will not be able to claim at a later date ordinary process the amount claimed in the order for payment or the return from which the execution is obtained.

From the time the order is issued, the debt shall be incurred due to the interest referred to in Article 576.

Article 817. Payment of the debtor.

If the debtor pays for the payment order, as soon as it is credited, it will be given payment proof and the actions will be filed.

Article 818. Debtor's opposition.

1. If the debtor has filed an objection within a period of time, the case shall be definitively settled in the appropriate judgment, with the judgment given in force of res judicata.

The statement of opposition shall be signed by a lawyer and a prosecutor when his intervention is necessary for the purposes of the amount, according to the general rules.

If the debtor's opposition is founded on the existence of the surplus petition, the amount recognized as due shall be acted upon in accordance with the provisions of the second paragraph of Article 21 of this Law.

2. Where the amount of the claim does not exceed the verbal judgment itself, the court shall immediately proceed to call the hearing. Where the amount of the claim exceeds that amount, if the petitioner does not enter the corresponding claim within one month of the transfer of the statement of opposition, the proceedings shall be dismissed and the costs of the proceedings shall be creditor. If the application is filed, the defendant shall be transferred to the defendant in accordance with the provisions of Articles 404 et seq. of this Law.

CHAPTER II

From the Foreign Exchange Trial

Article 819. Cases where appropriate.

Only the exchange rate will proceed if, upon opening, there is a change letter, check, or promissory note that meets the requirements of the Exchange and Check Law.

Article 820. Competence.

The Court of First Instance of the defendant's domicile shall be competent for the judgment of the Court of First Instance.

If the holder of the title will sue several debtors whose obligation arises from the same title, the domicile of any of them, who may appear on trial by independent representation, shall have jurisdiction.

The rules on express or tacit submission contained in Section 2 of Chapter II, Title II of Book I shall not apply.

Article 821. Initiation. Demand. Payment requirement and preventive embargo.

1. The foreign exchange trial will begin with the succinct demand to which the currency title will be accompanied.

2. The court shall analyse, by means of order, the formal correction of the foreign exchange title and, if it finds it, shall, without further formalities, adopt the following measures:

1. Require The Debtor to pay within ten days.

2. To order the immediate freezing of the debtor's assets by the amount shown in the executive title, plus another for interest on late payment, expenses and costs, in case the order for payment is not heeded.

3. A person who refuses to take the measures referred to in the preceding paragraph may bring the action referred to in Article 552 (2) to the applicant.

Article 822. Payment.

If the foreign exchange debtor serves the payment order, Article 583 is provided, but the costs will be charged to the debtor.

Article 823. Lifting of the embargo.

1. If the debtor is personally or by representative within five days after the person in which he was required to pay and categorically deny the authenticity of his signature or claim absolute lack of representation, the court may, in the light of of the circumstances of the case and of the documentation provided, lift the embargoes which have been agreed, requiring, if appropriate, the appropriate course or guarantee.

2. The embargo will not be lifted in the following cases:

1. º When the bookkeeping, acceptance, endorsement or endorsement has been intervened, with the date, by the collegiate trade corridor or the respective signatures are legitimized in the letter itself by notary.

2. When the currency debtor in the protest or the notarial payment order has not categorically denied the authenticity of his signature in the title or has not alleged absolute lack of representation.

3. When the foreign exchange would have recognized its signature judicially or in public document.

Article 824. Currency opposition.

1. Without prejudice to the provisions of the foregoing Article, in the ten days following that of the order of payment the debtor may file a claim for opposition to the currency judgment.

2. The opposition will be in the form of demand. The currency debtor may oppose the letter, the cheque or the payment of all the reasons or grounds of opposition provided for in Article 67 of the Exchange Act and the cheque.

Article 825. Effects of the lack of opposition.

Where the debtor does not seek opposition within the prescribed time limit, enforcement shall be issued for the amounts claimed and shall, however, be blocked if it has not been possible to practise or, as provided for in Article 823, it has been raised.

The execution issued in this case will be substantiated in accordance with the provisions of this Law for judgments and judicial and arbitration decisions.

Article 826. Substantiation of the exchange opposition.

Submitted by the written opposition debtor, the debtor shall be transferred to the creditor with a summons for the hearing in accordance with the first paragraph of Article 440 for verbal judgments.

The hearing shall be held in the manner set out in Article 443.If the debtor is not compared, the court shall give him the withdrawal of the opposition and shall adopt the decisions provided for in the preceding article. If the creditor does not appear, the court shall decide without hearing the opposition.

Article 827. Judgment on the opposition. Effectiveness.

1. Within ten days, the court will dictate judgment by resolving the opposition. If it is dismissed and the judgment under appeal, it shall be provisionally enforceable in accordance with the provisions of this Law.

2. If the judgment which the opposition considers is under appeal, it shall be, in respect of the preventive embargoes which have been brought, to the provisions of Article 744.

3. The final judgment given in the judgment of the exchange will produce effects of res judicata, in respect of the questions that could be in the alleged and discussed, being able to raise the remaining questions in the corresponding judgment.

Additional disposition first. Competence title.

This Law is dictated by the jurisdiction that corresponds to the State under Article 149.1.6.a of the Constitution, without prejudice to the necessary specialties that in this order derive from the particularities of the substantive law of the Autonomous Communities.

Additional provision second. Update of quantis.

1. The Government, through Royal Decree, will be able to update every five years the amounts indicated in this Law, prior to the report of the General Council of the Judiciary and the opinion of the State Council.

2. At least six months in advance of the full implementation of the European currency (euro), the government, after reporting by the General Council of the Judiciary and the opinion of the Council of State, will convert the amounts established in pesetas to that currency. in this Law, eliminating the fractions of that currency and establishing the amounts in euros so that, as usual in our laws, they are easy to use. However, the above, together with the new amounts in the European currency, will be maintained in pesetas by this Law in the rules on the determination of the class of judgment to be followed and on access to resources.

Additional provision third. Material resources and human resources for the constancy of views, hearings and appearances.

Within one year, from the approval of this Law, the Government of the Nation and the Councils of Government of the Autonomous Communities that have transferred the corresponding powers, shall take the necessary measures. for the Courts and Courts to have the material means and human resources necessary for the constancy of the oral proceedings in accordance with the provisions of Article 147 of this Law.

Additional provision fourth. Fees for obtaining copies of documents and instruments.

Within six months of the adoption of this Law, the Government of the Nation will approve by Royal Decree a system of prices charged for obtaining simple copies of documents and instruments that are in cars and that are requested by the parts of the process.

First transient disposition. System of remedies against non-final or non-final decisions.

To the interlocutory or non-final resolutions that are dictated in all manner of processes and instances after the entry into force of this Law will apply to them the regime of ordinary resources that in it is established.

Second transient disposition. Processes in the first instance.

Except as provided for in the first transitional provision, the declaration processes which are in the first instance at the time of the entry into force of this Law shall continue to be substantiated until the judgment is given. in that instance, in accordance with the previous procedural law. As for the appeal, the second instance, the execution, also the provisional, and the extraordinary resources, the provisions of this Law shall apply.

Transitional provision third. Processes in the second instance.

Except as provided in the first transitional provision, when the declaration processes are in the second instance at the time of the entry into force of this Law, that instance shall be substantiated in accordance with the previous Law. and, on the basis of the judgment, this Law shall apply to all effects.

However, the provisional execution of the appealed judgment may be requested in accordance with the provisions of this Law.

Transitional disposition fourth. Cases on appeal.

The pending cases of appeal upon entry into force of this Law will continue to be substantiated and will be decided in accordance with the above, but the provisional execution of the judgment may be requested under this Law. Judgment under appeal.

Transient disposition fifth. Executive judgments.

Whatever the title they merge, the executive judgments pending the entry into force of this Law will continue to be dealt with in accordance with the previous one, but, if the proceedings have not reached the This Act shall apply at the time of this Law as regards such a procedure.

Transitional disposition sixth. Enforced execution.

The execution processes already initiated upon entry into force of this Law will be governed by the provisions of this Law for executive actions that can still be performed or modified to the complete satisfaction of the performer.

Transitional disposition seventh. Precautionary measures.

1. The precautionary measures that are requested, after the entry into force of this Law, in the proceedings initiated before their validity, shall be governed by the provisions of this Law.

2. The precautionary measures already taken before the entry into force of this Law will be governed by the provisions of the previous legislation, but it will be possible to request and obtain its revision and modification in accordance with this Law.

Single repeal provision.

1. The Law on Civil Procedure, approved by Royal Decree of 3 February 1881, is repealed with the following exceptions:

1. Title XII and XIII of Book II and Book III, which shall remain in force until the validity of the Insolvency Law and the Law on Voluntary Jurisdiction, respectively, with the exception of Article 1827 and Articles 1880 to 1900, inclusive, which are repealed.

Also, until the validity of the aforementioned Laws, the numbers 1 and 5 of Article 4, the numbers 1 and 3 of Article 11 and the rules 8. ª, 9. ª, 16. ª, 17. ª, 18. ª, 19. ª., 22. ª, 23. ª., 24. ª. 27. of Article 63, all of them of the Law of Civil Procedure, of 1881.

As long as the Insolvency Law does not enter into force, incidents arising within the framework of congrating proceedings shall be governed by the provisions of this Law for the processing of incidents.

As long as the Law on Voluntary Jurisdiction does not enter into force, references to the contentious procedure contained in Book III will be construed as references to verbal judgment.

2. Title I of Book II, as well as Article 11, on the conciliation and section 2. of Title IX of Book II on the declaration of abjection heirs, which shall be in force until the entry into force of the both matters in the Act on Voluntary Jurisdiction.

3. Articles 951 to 958, on the effectiveness in Spain of judgments handed down by foreign courts, which will be in force until the law on international legal cooperation in civil matters is in force.

2. The following provisions, laws and provisions are also repealed:

1. The second subparagraph of Article 8; the second subparagraph of Article 12 (6); Articles 127 to 130, including; the second paragraph of Article 134 and Article 135; Articles 202 to 214, including; 294 to 296; including, and 298; and Articles 1214, 1215, 1226 and 1231 to 1253, including all of them from the Civil Code.

2. º Articles 119, 120, 121 and 122.1 of the Law on Limited Companies, recast text approved by Royal Decree 1564/1989 of 22 December 1989.

3. º Articles 11, 12, 13, 14 and 15 of Law 62/1978 of 26 December 1978 on Jurisdictional Protection of the Fundamental Rights of the Person.

4. Articles 2, 8, 12 and 13 of the Law of 23 July 1908, concerning the nullity of certain loan contracts.

5. º Articles 17 and 18 of the Law on Civil and Safe Liability in the Circulation of Motor Vehicles, recast text approved by Decree 632/1968 of 21 March.

6. º Articles 38 to 40, including, of Law 29/1994, of 24 November, of Urban Leases.

7. º Articles 123 to 137 of Law 83/1980, of December 31, of Rustic Leases.

8. º Articles 82, 83, 84, 85, 92 and 93 of the Movable Mortgage Law and the Non-Displacement Act of 16 December 1954.

9. º Articles 41 and 42 of the Law of Naval Mortgage, of 21 August 1893.

10. º The additional provisions first to ninth of Law 30/1981, of July 7, amending the regulation of marriage in the Civil Code and determining the procedure to follow in the causes of nullity, separation and divorce.

11. Articles 23, 25 and 26 of Law 3/1991, of 10 January, of Unfair Competition.

12. º Articles 29, 30 and 33 of Law 34/1988, of 11 November, General of Advertising.

13. º. Article 142 of the Law on Intellectual Property, text recast by Royal Legislative Decree 1/1996, of 12 April.

14. The third and fourth paragraphs of Article 125, the second paragraph of Article 133, Article 135 and the first and second paragraphs of Article 136 of Law 11/1986, of 20 March, of Patents.

15. The third paragraph of Article 9 and Articles 14, 15, 18 and 20 of Law 7/1998 of 13 April on General Conditions of Recruitment.

16. Article 12 of Law 28/1998, of July 13, of Sale to Plates Of Movable Property.

17. The Decree-Law 18/1969, of October 20, on judicial administration in case of an embargo on companies.

18. The Decree of 21 November 1952, for which the tenth basis of the Law of 19 July 1944 on procedural rules applicable in municipal justice is developed.

19. Law 10/1968, of 20 June, on the attribution of competences in civil matters to Provincial Hearings.

20. The Decree of 23 February 1940 on the reconstruction of cars and judicial proceedings.

21. º Decree-Law 5/1973 of 17 July on the declaration of indeft, for judicial purposes, of all the days of August.

3. They are also deemed to be repealed, in accordance with Article 2 (2) of the Civil Code, as many rules are or are incompatible with the provisions of this Law.

Law 52/1997, of 27 November, of Legal Assistance to the State and Public Institutions is considered in force.

Final disposition first. Reform of the Horizontal Property Law.

1. The third subparagraph of Article 7 (2) of Law 49/1960, of 21 July, on Horizontal Property, as amended by Law 8/1999 of 6 April, is worded as follows:

" If the infringer persists in its conduct the President, after authorization of the Board of Owners, duly summoned to the effect, may strike against the action of cessation which, in the absence expressly provided by this Article shall be substantiated through the ordinary judgment. "

2. Article 21 of Law 49/1960, of 21 July, of Horizontal Property, shall be worded as follows:

" 1. The obligations referred to in Article 9 (e) and (f) shall be complied with by the owner of the dwelling or premises in the time and form determined by the Board. Otherwise, the chairman or the administrator, if agreed upon by the owners ' meeting, may be required to do so through the order for payment procedure.

2. The use of the order for payment procedure will require the prior certification of the agreement of the Board approving the settlement of the debt with the community of owners for whom it acts as secretary of the same, with the approval of the president, provided that such an agreement has been notified to the owners concerned in the form set out in Article 9.

3. The amount to be claimed in accordance with the provisions of the preceding paragraph may be added as a result of the costs of the prior payment requirement, provided that the latter is documented, and the application is accompanied by the supporting evidence of such expenditure.

4. Where the previous owner of the house or local is required to respond jointly and severally to the payment of the debt, he may address the initial request, without prejudice to his right to repeat against the current owner. The complaint against the registrant may also be directed, which shall enjoy the same right mentioned above.

In all of these cases, the initial request may be made against any of the obligated or against all of them together.

5. Where the debtor objects to the initial request for the order for payment, the creditor may request the freezing of sufficient assets from that creditor to deal with the amount claimed, interest and costs.

The court will, in any case, agree to the preventive embargo without the creditor being required to provide caution. However, the debtor may be able to provide the bank guarantee for the amount for which it has been declared.

6. Where, in the initial application of the order for payment procedure, the professional services of lawyer and procurator are used to claim the amounts due to the Community, the debtor shall pay, subject in any case to the limits laid down in the the third paragraph of Article 394 of the Law on Civil Procedure, the fees and duties payable by both of them for their intervention, whether or not the person in question is in charge of the order for payment or if he does not appear before the court. In cases where there is opposition, the general rules on costs shall be followed, even if the creditor has a judgment which is wholly in favour of his claim, the lawyer's fees and the rights of the lawyer must be included in them. procuratorates derived from his intervention, even if it had not been mandatory. "

Final disposition second. Reform of the Law on Intellectual Property.

1. Article 25.20 of the Law on Intellectual Property, text recast by Royal Legislative Decree 1/1996, of 12 April, will be drafted in the following terms:

" 20. In the case referred to in the preceding paragraph and in any other non-payment of the remuneration, the management entity or entities or, as the case may be, the management representation or association, without prejudice to the civil and criminal actions which may be They may request the court to adopt the precautionary measures in accordance with the provisions of the Law on Civil Procedure and, in particular, the embargo of the corresponding equipment, equipment and materials. The goods thus seized shall be affected by the payment of the claimed remuneration and the appropriate compensation for damages. "

2. Article 103 of the Law on Intellectual Property, text recast by Royal Legislative Decree 1/1996, of 12 April, will be drafted in the following terms:

" Article 103. Protective measures.

The holder of the rights recognized in this Title may urge the actions and procedures which, in general, are provided for in Title I, Book III of this Law and the precautionary measures coming, as the provisions of the Law on Civil Procedure. "

3. Article 143 of the Law on Intellectual Property, text recast by Royal Legislative Decree 1/1996, of 12 April, will be drafted in the following terms:

" Article 143. Criminal causes.

In the criminal cases that follow for the violation of the rights recognized in this Law, the precautionary measures from civil proceedings may be adopted, in accordance with the provisions of the Law on Civil Procedure. Such measures shall not prevent the adoption of any other measures laid down in criminal procedural law. '

4. Article 150 of the Law on Intellectual Property, text recast by Royal Legislative Decree 1/1996, of 12 April, will be drafted in the following terms:

" Article 150. Legitimization.

Management entities, once authorized, shall be entitled to the terms resulting from their own statutes, to exercise the rights entrusted to their management and to enforce them in all manner of procedures administrative or judicial.

In order to prove this legitimacy, the management entity shall only provide at the beginning of the process a copy of its statutes and accreditative certification of its administrative authorization. The defendant may only establish his opposition in the absence of representation of the female actora, the authorisation of the holder of the exclusive right or the payment of the corresponding remuneration. "

Final disposition third. Reform of the Law on Limited Companies.

1. Article 118 of the Royal Decree 1564/1989 of 22 December 1989, approving the recast of the Law on Limited Companies, will be worded as follows:

"For the impeachment of social agreements, the proceedings of the ordinary trial and the provisions contained in the Civil Procedure Act will be followed."

2. The second and third paragraphs of Article 122 of the said text of the Law on Limited Companies shall become the first and second paragraphs, respectively, of that Article.

Final disposition fourth. Reform of the Law on Unfair Competition.

Article 22 of Law 3/1991, of 10 January, of Unfair Competition, will be worded as follows:

" Article 22. Procedure.

The processes of unfair competition will be dealt with in accordance with the provisions of the Civil Procedure Act for ordinary judgment. "

Final disposition fifth. Reform of the Patent Law.

1. The first paragraph of Article 125 of Law 11/1986 of 20 March of Patents shall be worded as follows:

" 1. Any civil litigation that may arise under this Law shall be settled in the judgment corresponding to the Civil Procedure Act. "

2. Article 133 of Law 11/1986, of 20 March, of Patents, shall be worded as follows:

" Who exercises or is to exercise an action of those provided for in this Law, may request the judicial body to understand from that court the adoption of the precautionary measures to ensure the effectiveness of these measures. actions, provided that it justifies the exploitation of the patent object of the action under Article 83 of this Law or that it has initiated serious and effective preparations for such purposes. "

Final disposition sixth. Reform of the Law on General Conditions of Recruitment.

1. The second paragraph of Article 12 of Law 7/1998 of 13 April on General Conditions of Employment shall be worded as follows:

" 2. The action of termination is directed to obtain a judgment which condemns the defendant to remove from his general conditions those which are rejected and to refrain from using them in the future, by determining or clarifying, where necessary, the content of the of the contract to be considered valid and effective.

The action for cessation may be cumulated, as an accessory, for the return of amounts which have been charged under the conditions to which the judgment is concerned and the compensation for damages caused by the judgment. application of these conditions. '

2. The third paragraph of Article 12 of Law 7/1998 of 13 April on General Conditions of Contracting shall be worded as follows:

" 3. The action of withdrawal shall be intended to obtain a judgment declaring and imposing on the defendant, whether or not the predisposing, the duty to retract the recommendation which he has made to use the general terms and conditions clauses consider null and refrain from continuing to recommend them in the future. "

3. The fourth paragraph of Article 12 of Law 7/1998 of 13 April on General Conditions of Employment shall be worded as follows:

" 4. The declarative action shall be directed to obtain a judgment which recognises a clause as a general condition of the recruitment and orders its registration, where appropriate as provided for in the final subparagraph of Article 11 (2) of the Treaty. This Law. "

4. A new paragraph is added at the end of article 16 of Law 7/1998, of 13 April, on General Conditions of Recruitment, in the following terms:

"These entities may be personified in the processes promoted by any other entity, if they deem it appropriate for the defense of the interests they represent."

5. A fourth additional provision is added to Law 7/1998, of 13 April, on General Conditions of Recruitment, in the following terms:

" Additional provision fourth.

The references contained in the Law of Civil Procedure to consumers and users, should be understood as being made to all adherent, whether or not consumer or user, in the litigation in which individual actions are exercised or Collective agreements arising from this Law on General Conditions of Employment.

Likewise, the references contained in the Law on Civil Procedure to the consumer and user associations, should also be considered applicable in disputes involving collective actions contemplated in the This Law of General Conditions of Contracting, to the other persons and entities actively legitimized for their exercise. "

Final disposition seventh. Reform of the Law of Sale to Plates Of Movable Property.

1. The first subparagraph of Article 15 (3) of Law 28/1998 of 13 July 1998 for the Sale of Goods to Furniture shall be worded as follows:

" 3. In the event of a preventive seizure or enforced execution in respect of movable property, any award procedure with respect to such goods or their products or income shall be terminated as soon as it is recorded in cars, by certification of the registrar, which on the the goods in question are registered rights in favor of a person other than that against which the embargo was decreed or the procedure is followed, unless the action in concept of the heir of who appears as owner in the Register. The executing creditor shall be reserved for his action in order to pursue in the same judgment other assets of the debtor and in order to vent in the corresponding judgment the right which he believes to assist in respect of the goods in respect of which the procedure. "

2. The first paragraph of Article 16 of Law 28/1998, of 13 July, of Sale to Plazos of Furniture, shall be worded as follows:

" 1. The creditor may seek to comply with the obligations arising out of the contracts covered by this Law by exercising the actions that correspond to the ordinary declaration processes, the order for payment procedure or the process in accordance with the Civil Procedure Act.

Only sufficient evidence to establish the executive action on the assets of the debtor shall constitute contracts for the sale of movable property within one of the documents referred to in the numbers 4 and 5. the second paragraph of Article 517 of the Law on Civil Procedure. "

3. Point (d) of Article 16 (2) of Law 28/1998 of 13 July 1998 on the sale of movable property, shall be worded as follows:

" (d) Where the debtor fails to pay the required amount and shall not deliver the goods for the disposal at auction referred to in the preceding subparagraph, the creditor may claim to the competent court for the summary protection of his/her right, by the exercise of the actions provided for in the first paragraph of Article 250 (10) and 11 (1) of the Civil Procedure Act. '

4. The second paragraph of the first provision of Law 28/1998, of 13 July, for the Sale of Goods to Furniture, shall be worded as follows:

" The financial lessor may request compliance with the obligations arising out of the contracts covered by this Law by exercising the actions that correspond to ordinary declaration processes, in the the order for payment procedure or in the enforcement process, in accordance with the Civil Procedure Act.

Only sufficient evidence shall be provided to establish the executive action on the assets of the debtor in the form of financial leasing contracts which consist in any of the documents referred to in the numbers 4.o and 5.o of the Article 519 of the Civil Procedure Act. "

5. The first subparagraph and point (c) of the third subparagraph of the first provision of Law 28/1998 of 13 July 1998 on the sale of movable property shall be worded as follows:

" 3. In the event of non-compliance with a financial leasing contract that consists of any of the documents referred to in the numbers 4. º and 5. of Article 519 of the Law on Civil Procedure or that has been registered in the Register of Sale Furniture and formalized in the official model established for the purpose, the lessor, may claim the recovery of the good according to the following rules:

(c) Where the debtor fails to pay the required amount or deliver the assets to the financial lessor, the latter may claim to the competent court the immediate recovery of the assets transferred to the financial lease by means of the exercise of the actions provided for in the first paragraph of Article 250 (1) of the Civil Procedure Act. "

Final disposition octave. Reform of the Arbitration Act.

Article 11 of Law 36/1988 of 5 December of Arbitration shall be worded as follows:

" 1. The arbitration agreement obliges the parties to be and to pass through the provisions and will prevent the courts from hearing the contentious issues submitted to arbitration in the agreement, provided that the party to whom it interests invokes it by means of a declinatory. "

" 2. The parties may resign by agreement to the arbitration agreement, and the judicial route shall be issued. In any event, they shall be deemed to resign when, if several, the defendant or all the defendants, if they are several, make any procedural management other than to propose in the form of the defendant or all the defendants, if they are several. Decline. "

Final disposition ninth. Mortgage Law Reform.

Articles 41, 86, 107, 129, 130, 131, 132, 133, 134 and 135 of the Mortgage Act of 8 February 1946 are amended to be worded as follows:

1. Article 41

" The actual actions from the registered rights may be exercised through the verbal judgment regulated in the Law of Civil Procedure, against those who, without a registered title, object to those rights or disturb their exercise. These actions, based on the registration legitimation referred to in Article 38, shall always require that the registrar's certification prove the validity of the corresponding seat without any contradiction. "

2. Article 86

" The preventive annotations, whatever their origin, shall expire four years after the date of the entry itself, except for those that have been indicated in the Law for a shorter period. However, at the request of the persons concerned or on the mandate of the authorities which have decreed them, they may be extended for a further period of four years, provided that the order for the extension is lodged before the expiry of the seat. The extended annotation shall expire four years after the date of the same extension. Subsequent extensions may be carried out on the same terms.

The expiration of the preventive annotations shall be entered in the Register at the request of the owner of the real estate or the actual right concerned. "

3. Article 107.12. °

" 12. º The right of the rematant to the properties auctioned in a judicial proceeding. Once the price of the auction has been satisfied and the domain in favor of the rematant, the mortgage subsistira, directly falling on the goods awarded. "

4. Article 129

" Mortgage action may be exercised directly against mortgaged property by holding its exercise in accordance with Title IV of Book III of the Civil Procedure Act, with the specialties established in its In addition, in the writing of the mortgage constitution, the extra-judicial sale of the mortgage may be agreed, in accordance with Article 1,858 of the Civil Code, in the case of failure to comply with the guaranteed obligation. The extra-judicial sale will be done through notary, with the formalities established in the Mortgage Regulation. "

5. Article 130

" The direct execution procedure against mortgaged property may be exercised only as a registered mortgage and, given its constitutive character, on the basis of the ends contained in the seat respective ".

6. Article 131

" The preventive actions of the claim for the nullity of the mortgage itself or any other that do not rely on any of the assumptions that may determine the suspension of the execution will be cancelled by virtue of the commandment the cancellation referred to in Article 133, provided that they are subsequent to the marginal note for the issue of load certification. No letter of payment of the mortgage may be entered as long as the aforementioned marginal note has not been previously cancelled, by means of a judicial injunction to the effect. "

7. Article 132

" For the purposes of the registration and cancellation of the procedures for the direct execution of the mortgaged goods, the qualification of the registrar shall be extended to the following ends:

1. What has been demanded and required for payment to the debtor, mortgage non-debtor and third-party holders who have registered their right in the Registry at the time of issue certification of charges in the procedure.

2. The existence of the procedure has been notified to creditors and third parties whose right has been recorded or registered after the mortgage, with the exception of those following the marginal note of issue of the certification of charges, in respect of which the marginal note shall have the effects of the notification.

3. No longer than the payment to the creditor in payment of the principal of the credit, accrued interest and the costs incurred, do not exceed the limit of the respective mortgage coverage.

4. º that the value of the sold or awarded was equal to or less than the total amount of the actor's credit, or if it was exceeded, that the excess in public establishment intended for the effect at the disposal of the Subsequent creditors. "

8. Article 133

" The testimony issued by the Secretary-Judicial Secretary of the order of auction or award and of which the entry, if any, of the price, will be the price, will be a sufficient title to practice the registration of the estate or the right awarded in favour of the re-killing or successful tenderer, provided that the order for the cancellation of charges referred to in Article 674 of the Law on Civil Procedure is accompanied.

The court order for the cancellation of charges and the testimony of the order of auction or award may be entered in a single document stating, in any event, compliance with the requirements laid down in the the previous article and other circumstances that are necessary for the practice of registration and cancellation. "

9. Article 134

" The testimony of the order of award and the order of cancellation of charges, will determine the registration of the estate or right in favor of the successful tenderer and the cancellation of the mortgage that motivated the execution, as well as the all charges, charges and registrations of third parties which are after them, without exception, even those which have been verified after the marginal note for the issue of load certification in the relevant procedure.

Only statements of new works and subsequent horizontal divisions shall be subsited only when the mortgage is entered by law or by covenant to the new buildings. "

10. Article 135

"The registrar shall communicate to the Judge before whom an executive procedure is substantiated, even when directly on mortgaged goods, the extension of subsequent seats that may affect the execution."

Final disposition tenth. Reform of the Law of Change and of the Cheque.

1. The last paragraph of Article 67 of Law 19/1985, of 16 July, of the Law of Change and of the Chéque, which will be drafted in the following terms:

"In the light of the exercise of the exchange rate, only the exceptions set out in this article shall be admissible."

2. The second paragraph of Article 49 of Law 19/1985, of 16 July, changed and of the Chéque, replacing the expression: "... as in the executive ..." is amended by the following: "... through the special process of currency ...".

3. Article 66 of Law 19/1985, of 16 July, of Change and of the Chéque, which is drawn up in the following terms, is amended:

" The letter of change shall be implemented through the exchange rate judgment that regulates the Civil Procedure Act in Chapter II, Title III of Book IV, by the sum determined in the title and by the other amounts, in accordance with Articles 58, 59 and 62 of this Law, without the need for judicial recognition of signatures. "

4. Article 68 of Law 19/1985, of 16 July, of Change and of the Chéque, which is drawn up in the following terms, is amended:

"The exercise of the exchange rate, through the special exchange rate process, shall be subject to the procedure laid down in the Civil Procedure Act."

Final disposition eleventh. Reform of the Law of Labor Procedure.

Articles 2, 15, 47, 50, 183, 186, 234, 235 and 261 of the Royal Legislative Decree 2/1995 of 7 April 1995, approving the recast text of the Law on Labour Procedure, which will be drawn up in the following terms:

1. Article 2

" (d) Among the associates and the Mutualities, except those established by the Professional Colleges, in the terms provided for in Articles 64 et seq. and in the Additional provision 15th of Law 30/1995, of 8 November, for the Management and Supervision of Private Insurance, as well as between the foundations of work or between them and their beneficiaries, on the fulfilment, existence or declaration of their specific obligations and rights of a patrimonial nature, related to the purposes and obligations of those entities. '

2. Article 15

" 1. Abstention and recusal will be governed, in terms of its causes, by the Organic Law of the Judiciary, and in terms of the procedure, by the provisions of the Law on Civil Procedure.

Notwithstanding the foregoing, the recusal must be proposed prior to the conclusion of the acts of conciliation and judgment and, in the case of appeals, before the day indicated for the vote and judgment or, where appropriate, for the view.

In either case, the recusal proposition will not suspend execution.

2. They will instruct the recusal incidents:

(a) When the person who is challenged is the President or one or more Magistrates of the Social Room of the Supreme Court, of the Social Room of the Supreme Courts of Justice, or of the Chamber of the Social of the National Court, a Magistrate of the Chamber to which the recusal belongs, appointed by virtue of a shift established in order of seniority.

(b) Where all the Magistrates of a Chamber of Justice are challenged, the Magistrate who is in charge of the seniority of the Court of Justice, provided that he is not affected by the recusal, and if I will challenge all the Magistrates who are part of the Social Room of the Court, a Magistrate of the Administrative-Administrative Court appointed by draw among all its members.

(c) When the recusal is a Judge of the Social, a Magistrate of the Social Room of the High Court of Justice, appointed by virtue of a shift established in order of seniority.

Seniority will be governed by the order of escalation in the judicial career.

In cases where it is not possible to comply with the provisions of the preceding paragraphs, the Governing Board of the Court concerned shall appoint the instructor, seeking to be of a higher category or, at least, of greater seniority than the recused or recused.

3. Will decide recusal incidents:

(a) The Chamber provided for in Article 61 of the Organic Law of the Judiciary where the person is the President of the Social Chamber or two or more of the Magistrates of that Chamber.

b) The Social Room of the Supreme Court, when one of the members of the Supreme Court is challenged.

(c) The Chamber referred to in Article 77 of the Organic Law of the Judiciary, when the President of the Social Room of the said Superior Court has been challenged.

(d) The Chamber referred to in Article 69 of the Organic Law of the Judiciary, when the President of the Social Room of the National Court or more than two Magistrates of a Section of that Chamber has been challenged.

e) When one or two of the Magistrates of the National Court of the National Court are challenged, the Section in which the recusal or the Section which follows in numerical order is not integrated into that of which the recusal forms part.

f) Where one or two Magistrates of the Social Chamber of the High Courts of Justice have been challenged, the Chamber shall be held in plenary if it is not divided into Sections or, if not, the Section in which it is not integrated the recused or the Section that follows in numerical order to that of which the recused is a part.

(g) Where the recusal is a Judge of the Social, the Social Room of the corresponding High Court of Justice, in plenary, if it is not divided into Sections or, otherwise, the Section 1. "

3. Article 47.2

" 2. Any interested party may have access to the book of judgments referred to in Article 213 of the Civil Procedure Act. "

4. Article 50.1

" 1. The Judge may, at the time of termination of the trial, pronounce a living sentence, which shall be entered in the minutes with the contents and requirements laid down in the Law on Civil Procedure. It may also be limited to delivering the judgment, which shall be documented in the minutes by the faith of the Secretary of the Judiciary, without prejudice to the subsequent wording of the judgment within the time limit and in the legally intended form. "

5. First paragraph of Article 183

"To the processes followed without the defendant having appeared, the rules contained in Title V of Book II of the Law on Civil Procedure shall apply to them, with the following specialties:"

6. Rule 3 of Article 183

"The deadline for requesting the hearing will be three months from the notification of the judgment in the corresponding" Official Gazette "in the assumptions and conditions provided for in Article 501 of the Civil Procedure Act."

7. Article 186

"The replenishment and supplication resources shall be substantiated in accordance with the provisions of the provisions of the Civil Procedure Act."

8. Article 234

" Against any sentence handed down by the organs of the social court will proceed with the review facility provided for in the Law on Civil Procedure. The appeal shall be brought before the Social Chamber of the Supreme Court, which shall be resolved in accordance with the provisions of that Law of Procedure, but the deposit for recourse shall have the amount that is stated in this Law for the appeals. "

9. Article 235.1

" 1. The final judgments shall be carried out in the manner laid down in the Law on Civil Procedure for the execution of judgments, with the specialties provided for in this Law. "

10. Article 261.2

" 2. If the liens are securities, they will be sold in the form established for them in the Civil Procedure Act. "

Final disposition twelfth. Reform of the Criminal Procedure Act.

Articles 54, 56, 63, 68, 201 and 852 of the Law on Criminal Procedure, promulgated by Royal Decree of 14 September 1882, are amended to be worded as follows:

1. Article 54

"Abstention and recusal will be governed, in terms of its causes, by the Organic Law of the Judiciary, and in terms of the procedure, by the provisions of the Law of Civil Procedure."

2. Article 56

" The recusal should be proposed as soon as you become aware of the cause in which it is founded, because otherwise it will not be accepted. In particular, the recusal shall be inadmissible:

1. º When they do not intend to appear or intervene for the first time in the process, in any of its phases, if the knowledge of the concurrency of the cause of recusal was before that.

2. When the process is initiated, if the cause of recusal was previously known to the procedural moment in which the recusal is proposed. "

3. Article 63

" They will instruct recusal incidents:

(a) When the person is the President or one or more Magistrates of the Criminal Court of the Supreme Court, of the Criminal Court of the Supreme Courts of the Supreme Court, or of the Criminal Court of the National Court, a Magistrate of the Chamber to which the recusal belongs, appointed by virtue of a shift established in order of seniority.

(b) When the person is the President or one or more Magistrates of a Provincial Hearing, a Magistrate of a Section other than that of the recusal, appointed by virtue of a shift established in order of seniority. If only one Section exists, it shall be carried out in the manner set out in Article 107 (2) of the Civil Procedure Act.

(c) Where all the Magistrates of a Chamber of Justice are challenged, the Magistrate who is in charge of the seniority of the Court of Justice, provided that he is not affected by the recusal, and if i will challenge all the Magistrates who make up the Chamber of the corresponding Court, a Magistrate appointed by lot among all the members of Courts of the same territorial scope belonging to the rest of the jurisdictional orders.

(d) When a Central Judge of the Criminal or a Central Judge of Instruction is recused, a Magistrate of the Criminal Chamber of the National Court, appointed by virtue of a shift established in order of seniority.

e) When the recusal is a Judge of Instruction or a Judge of the Criminal, a Magistrate of the corresponding Provincial Hearing, designated by virtue of a shift established in order of seniority.

(f) When the person is a Judge of Peace, the Judge of Instruction of the party concerned or, if at the various Courts of Instruction, the Chief Judge appointed by virtue of a turn established by order of age. "

4. Article 68

" They will decide recusal incidents:

(a) The Chamber provided for in Article 61 of the Organic Law of the Judiciary where the person is the President of the Supreme Court or the President of the Criminal Chamber or two or more of the Magistrates of that Chamber.