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

By Decree of 13 September 1936, the political or social parties and groupings that were part of the popular front were declared illegal, as were any other parties that had opposed the military uprising that they gave. place at the beginning of the civil war, while the seizure of how many movable, real estate, effects and documents belonged to those parties and groups, passing all of it to the property of the State. The terms of this Decree were confirmed in the subsequent Law of 9 February 1939, which stated as the basis for such measures the political responsibility in which the organizations were engaged.

Overcome the civil war and promulgated the Spanish Constitution of 1978, decisions of various kinds have been taking place, aimed at the restoration of legal situations illegitimately affected by decisions taken to the protection of unfair rules. Thus, the rules of amnesty, the recognition of welfare rights to persons belonging to the republican army or the restitution of assets and rights of the so-called historical union patrimony seized from the trade union organizations, in accordance with Law 4/1986 of 8 January.

At present it seems time to move forward in this restorative process, creating the legal framework necessary to reintegrate the political parties with the assets and rights that they were dispossessed during the civil war or the To conclude this, in line with one of the objectives that inspired our current Constitution to guarantee the coexistence of all Spaniards, overcoming the consequences of the civil war, and in line with the relevant role that the same one grants to political parties, to which he incardina in the marrow of the democratic state, through the It is a question of the fact that it is a matter of course for the people of Europe, and for the people of Europe, for example, in the case of the European Parliament, the Council of Europe and the Council of the European Union. equal treatment to the already given in their day to the trade union organisations.

These basic premises make it possible to recognize, first of all, the right to restitution and then to narrow down the objective and subjective areas of the Law, a task filled with serious technical and legal difficulties, since it will be necessary to define which is restored (goods, property rights, personal rights, fruits, income, etc.), as well as those who are the beneficiaries of the return, all of this being extremely complex, since more than fifty years have elapsed, missing some of the primitive headlines and files have been destroyed, protocols and records.

In this context, it has been chosen not to recognize personal rights and those of other patrimonial content that are more difficult to evaluate, such as the case of fruits and incomes. It has also been decided to narrow the scope of the legal text to the political parties, which it considers to be, in accordance with Article 6 of the Constitution, that are entities that participate in a special way in the formation and demonstration of the of the popular will, quality that differentiates them from mere subjects with private interests.

It is, in sum, to address this enormous task in a prudent way and at the very end of the day, preventing a generalization of refunds and compensations to limit the operability of the Law.

In addition to the legal principles already pointed out, it is necessary to add the legal security by which it is a matter of reconciling the right of the current owners of the goods not to be disturbed in their property, with the objective that the restitution produce the desired effect in favor of the parties that were stripped of their assets and rights.

This must be added to the principle of the greatest possible gratuitousness, in the sense that the beneficiaries of the refund, who have already suffered serious damage over a long period of time, bear the lowest costs and costs. possible inherent in the process. Hence, it has been considered appropriate that the refund declaration be sufficient for the registration of the goods, and that all legal acts or businesses resulting from the application of this Law are exempt from any Tax and apply all those bonuses established in favor of the State.

Given the enormous casuistics and the practical difficulties that may arise in applying these criteria, the allocation of powers to a specific administrative body is provided for in order to receive and process applications, evaluate the evidence presented on the ownership of the petitioners and the completion of the assets seized, apply uniform assessment criteria in the setting of substitute allowances and propose to the Government the adoption of the (i) a decision to be taken in each case, although it has been deemed appropriate to postpone the such powers to the necessary regulatory development of this Law.

The return affects, as it could not be otherwise, the goods themselves that were seized at the time, and therefore, if the refund was not possible, because they were transmitted and acquired legitimately such goods by third parties in good faith or by having undergone substantial alterations which impede their conversion to their original form, the State shall compensate the dispossessed political party for the value of the goods or property in question.

To conclude, only to indicate that the spirit of replenishment to the original situation demands that the State carry out its own initiative and its coast such as deslindes and register inscriptions.

Article 1. Restitution of assets or rights of patrimonial content.

The State shall, in accordance with the terms laid down in this Law, reinstate the beneficiaries provided for in Article 3, the immovable property and the rights of the patrimonial content of which it is or was a holder and which were seized from the parties. The Law of 9 February 1939, the Law of 19 February 1942 and the Order of 9 June 1943, were applied by the Law of 9 February 1939, the Law of 19 February 1942 and the Order of 9 June 1943. The return to the political parties of immovable property or the rights of patrimonial content belonging to legal persons connected to them shall only be carried out in the case of goods which are affectables or intended for the exercise of their rights. political activities of those at the time of the seizure.

The restitution of movable property, the payment, compensation or compensation for the fruits and the income left from the moment of the seizure, nor for the rights of patrimonial content derived from loss of personal rights.

Article 2. pecuniary compensation.

1. If the goods or rights referred to in the previous article cannot be returned in whole or in part because they have not been sufficiently identified, because they belong to third persons other than the State, to be found in the case referred to in Article 7 of this Law or for any other cause, the State shall compensate pecuniarily for its value.

This value shall be set, where appropriate, by the Council of Ministers, on a proposal from the management centre referred to in Article 6 of this Law, with reference to the date of its entry into force.

No restitution or compensation shall be made in those cases where the refund or compensation has already occurred in application of any other legislation.

2. In the event that the goods have undergone physical alterations by incorporating improvements, the recipient of the refund will be obliged to pay the State the value of those improvements, with reference to the date specified in the the previous number, except that they represent more than 25 per 100 of the total value of the goods or rights, in which case the State may choose to receive compensation from the increase in value, or for the maintenance of its ownership, paying the compensation corresponding to the value of the goods or rights.

3. In the event that the goods were taxed by the State with a real charge, irrespective of the beneficiaries ' right to recover their property, the payment of a pecuniary compensation for the reduction of the value of the goods of such goods, in accordance with the provisions of paragraph 1 of this Article.

Article 3. Beneficiaries of restitution or compensation.

They will be entitled to restitution or, where appropriate, compensation provided for in this Act:

1. The political parties mentioned in a generic or individualised manner in Article 2 of the Law of 9 February 1939, which, before 6 December 1978, had formally requested their legal recovery or at that date had been have already been legally reconstituted and provided that their personality has not been extinguished prior to 1 December 1995, in respect of the assets and rights of patrimonial content of which they were entitled and seized pursuant to that Law and the other rules on political responsibilities.

2. Likewise, those political parties in respect of immovable property and property rights belonging to legal persons linked to them, when such assets and rights had been seized in application of the said Law and other rules on political responsibilities and are affected or intended for the exercise of political activities of such parties at the time of seizure.

Article 4. Legal regularisation.

The State will proceed to identify the real estate and property rights claimed in accordance with the titration data displayed in its archives, as well as in the Notary Protocols and the Records of the Property, regularizing the legal status of those and carrying out the disindings, segregations, inmatriculations and other operations of regularisation registral that are necessary, without prejudice to such transactions registration or supplementary of the refund, when the refund is agreed upon, this title is sufficient for those, in accordance with Article 6.

Article 5. Period for the exercise of rights.

The rights and actions recognized in this Law must be exercised within one year of the day following the day of entry into force of the rule that, according to the final disposition, is approved for the development of what is established in this Law.

Applications, made by the legal representatives of the beneficiaries referred to in Article 3, shall contain the detailed description of the good or the right to which the refund or compensation is sought. The application shall be accompanied by proof of the existence at the time of the goods or rights, of the right to the refund or compensation requested, of the ownership, seizure by application of the rules mentioned in Article 1, as well as of any other documentation, is regulated, accepted as evidence or means of accreditation, all those admitted in law.

The State will provide access with preference and gratuity, to funds and files, as well as to public records where the documentation can be found.

Article 6. Processing and resolution of requests.

The processing of requests for restitution or compensation of the goods and rights referred to in this Law shall be carried out by the General Directorate of the State Heritage, which shall instruct the appropriate files, the procedure to be established and propose the assessment of the goods and rights to the compensatory effects provided for in this Law.

The resolution of the proceedings initiated, which will be motivated, will be the responsibility of the Council of Ministers, prior to the report and on the proposal of the aforementioned Directorate General, through the Ministry of Economy and Finance, agreeing on the dismissal or full or partial restitution or the right to compensation, constituting the declaration of restitution sufficient title for the registration of the goods and rights in the Land Registry.

Article 7. Deferment of restitution or compensation.

In the event that under this Law, property or rights affected by the public domain would have to be restored, the Government, within a period of not more than three months from the date of recognition, may, in a reasoned resolution, opt for its compensation or restitution. In the latter case, he may defer his effectiveness for a maximum period of two years, following a report by the Directorate-General for State Heritage, with a supplementary compensation.

Likewise, and in the terms that are regulated in law, the government may agree in a reasoned resolution to postpone payment of the financial compensation that has been granted or to the fractionation of the payment to which the beneficiaries of refunds may be obliged in the cases referred to in this Law. Such deferrals shall not exceed four years and shall, in both cases, bear the legal interest of the money.

Article 8. Tax exemptions.

1. The restitution of assets and rights of patrimonial content and the financial compensation provided for in this Law shall not be incorporated into the tax base of the Corporate Tax and the legal persons to them. -linked, and when they involve the realization of any of the taxable facts of the Tax on Proprietary Transmissions and Legal Acts Documented, will be exempt from it.

The provisions of the preceding paragraph are without prejudice to the foral tax regimes in force in the Historical Territories of the Basque Country and the regime of the Economic Convention with Navarre.

2. The public instruments, documents, inscriptions or seats that, if any, are practiced in the Land Registry or other public records, will enjoy the same benefits as those established in favor of the State in the current legislation with respect to the fees to be met.

Article 9. Resources.

The agreements of the Council of Ministers adopted under this Law will put an end to the administrative path, and may be brought against the same administrative-administrative appeal.

Single additional disposition.

1. In addition to the goods and rights referred to in Article 1 of this Law, they shall, exceptionally, be the subject of compensation to the beneficiaries laid down in Article 3:

(a) Final deprivation, which is clearly established, for the use and enjoyment of urban immovable property as a tenant, provided that such deprivation is a consequence of the application of the rules to which the Article 1, first paragraph.

The amount of this compensation shall be fixed for a maximum period of duration of the ten-year contract, or whichever is less, and the amount shall be that which results from updating the annual income according to the index of the constant value of the peseta, prepared by the Banco de España.

(b) The seizure of cash balances in accounts and deposits in banks and financial institutions legally authorized to operate as such on the date of the seizure, provided that such accounts and deposits are listed in the name of the beneficiaries set out in Article 3 and the seizure is a consequence of the application of the rules referred to in the first paragraph of Article 1.

The amount of the compensation will be the amount that will result from updating the amount seized according to the index of the constant value of the peseta produced by the Banco de España.

2. The maximum total amount to be paid per beneficiary shall be 500,000,000 pesetas for the two compensable concepts referred to in the preceding number.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

Final disposition first. Regulatory development.

The Government, within four months of the entry into force of this Law, and on a joint proposal from the Ministries of the Presidency, Justice, and Economy and Finance, will develop the provisions of the same.

Final disposition second. Entry into force.

This Law shall enter into force on the day following its publication in the "Official State Gazette".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, December 15, 1998.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ