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Royal Decree 1917 / 1986, Of 29 August, Modification Of Certain Articles Of The Regulations Of The Civil Registry.

Original Language Title: Real Decreto 1917/1986, de 29 de agosto, de modificación de determinados artículos del Reglamento del Registro Civil.

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TEXT

The successive reforms carried out in the Civil Code in the direct development of the Constitution have largely affected matters related to the civil state of the people. This has been the case with Law 11/1981, of 13 May (filiation), with Law 30/1981, of 7 July (marriage), with Law 5/1982, of July 13 (nationality) and with Law 13/1983, of 24 October (incapacitation and legal guardian). As could not be otherwise, these important changes have led to the tacit abrogation of numerous articles of the Civil Registry Regulation, based on the previous substantive regulation and which, although apparently in force, result totally incompatible with the constitutional principles and with the new criteria accepted by the Civil Code.

The fundamental purpose of this Royal Decree is, therefore, to correct this situation of legal uncertainty and to develop in the field registry, with the utmost respect to the material principles, the aforementioned reforms concerning to the civil state. At the same time, the occasion has been used to give regulatory value to various solutions to practical questions, advocated by repeated doctrine of the General Directorate of Records and Notaries.

Finally, very much has been taken into account of the Organic Law 6/1985 of July 1 of the Judicial Branch, whose article 86 attributes to the Judges of First Instance, in general, the functions of the Entralloads of the Civil Records. This implies the abolition of an intermediate body between the Entrants and the Directorate General of the Registers, which the present Royal Decree palia, granting certain functions, very limited, to the Presidents of the High Courts of Justice, in accordance with the provisions of Articles 2.2 and 172.2 of the Organic Law. In addition, the powers of the Entrary of the Civil Registers are greatly expanded and a formula for resolving the provisional situation created until the constitution is brought into effect is to be put into effect in a transitional arrangement. of those Courts, as well as the suppression and conversion of the District Courts.

In its virtue, in agreement with the General Council of the Judiciary and with the Council of State, on the proposal of the Minister of Justice and after deliberation of the Council of Ministers at its meeting of August 29, 1986,

DISPONGO:

Article 1. º

Articles 11, 20 to 22, 30, 36 to 38, 41 to 49, 51 to 54, 56, 58, 59, 62, 63, 66, 71, 72, 76, 78, 81 86 to 90, 93, 94, 96. 97, 103, 105, 106, 113, 115, 122, 124, 137, 150, 155, 156, 163, 164, 166, 169, 176, 177, 180, 181, 183 to 190, 193, 197, 198, 201, 205, 206, 209, 212 to 215, 217, 220 to 228, 231 to 267, 269, 271, 272, 275, 277, 283, 284, 286 to 292, 295, 297 314, 315, 317, 321, 334 to 337, 339, 341 to 345, 354 to 356, 359, 360, 363 to 367, 370, 372, 374, 386, 387, 392, 394, 405 and the transitional provision 13. of the Regulation of the Civil Registry, approved by Decree of 14 November 1958, reformed, if necessary, by the Decree 1138/1969 of 22 May 1969 and Royal Decree 3455/1977 of 1 December 1977 will be amended as follows: next:

" Art. 11.

The seats, certifications and proceedings shall, where appropriate, express the character of the replacement of the authorship. In the case of a Judge of Peace, no mention of his or her quality of delegate or of any circumstances of the Judge charged.

Art. 20.

Managers will communicate to the official bodies, without the need for a special request, the data required by Law, Royal Decree or by the Directorate General.

They will also send to the National Institute of Statistics, through their delegations, and to the Municipal Statistics Services the bulletins on births, abortions, marriages, deaths or other inscribable facts.

The competent bodies shall supply, before the facts are recorded in the Register, the forms of bulletins drawn up in accordance with the Directorate-General. They shall be extended by the sponsor or holder of the seat, Doctor, Sanitary or Encharged, as prescribed by the model and the Encharged shall record in them with the stamp of the Register the volume, page and date of the registration, and in the of the abortions, the numbers of the Corresponding legwork. The identity of the individuals affected by the facts shall not be entered in the bulletins for which special authorisation is required.

Art. 21.

No advertising will be given without special authorization:

1. º of the adoptive, non-marital or unknown affiliation or of circumstances that discover such character, of the date of the marriage. which is recorded in the birth certificate, if it was later than or had been held in the hundred and eighty days prior to the birth, and the change of the surname Exposito or other analogues or disadvantages.

2. º of the rectification of sex.

3. The causes of nullity, separation or divorce from a marriage or from the deprivation or suspension of the parental authority.

4. of the archived documents, as to the ends cited in the previous numbers or to dishonorable circumstances or that are incorporated in a file that has a reserved character.

5. The Leg of abortions.

The authorization will be granted by the Judge charged and only those who justify legitimate interest and reason founded to ask for it. The certification shall express the name of the applicant, the sole effects for which it is to be waged and the express authorisation of the Chargé. He, on the register directly in charge, will issue the certification himself.

Art. 22.

However, they do not require special authority to obtain certification:

1. ° To the ends referred to in the first number of the previous article, the registered person himself or his ascendants, descendants or heirs. With respect to full adoption, the adopter or the adopted older, and with respect to the simple, in addition, the heirs, ascendants and descendants of one and the other.

2. º regarding the rectification of sex, the registered one.

3. concerning the causes of deprivation or suspension of the parental rights, the subject to the latter or its ascendants or descendants or heirs, and in respect of those of marriage or separation or divorce, the spouses or their spouses heirs, in addition, if any, of those.

4. ° Regarding the archived documents, the persons referred to above in the various cases, and in the case of the notified resolution, the addressee of the notification.

5. Regarding the distance of abortions, parents.

Nor do they require authorization which the persons referred to above and the proxies specially have under their guard. Even if the written seizure or the keeper does not feature, the Charged Officer may be able to estimate them.

The name of the applicant shall be expressed, in all cases of this article, in the certification.

Art. 30.

In the literal birth certificate, it shall be stated that it is issued for cases where it is necessary to test the parentage, without it being admissible for other purposes.

Art. 36.

The Family Book opens with the certification of non-secret marriage and contains successive leaves to certify the registered indications on the economic regime of the conjugal society, the birth of the common children and those adopted jointly by the two contracting parties, the death of the spouses and the annulment, divorce or separation of marriage.

A Family Book will also be given to the parent or parent of a non-marital child and to the person or persons who adopt a child. It shall be stated, where appropriate, that the marriage which they subsequently enter into is the holder of the Book.

In the Book will settle with value of certifications any event that affects the post-estad homeland and the death of the children, if it occurs before the emancipation.

The holds-certifications are in extract, without transcription of notes and in the births the class of filiation will not be expressed. They can be rectified under subsequent-certification.

Art. 37.

The Family Book shall be given to its holders, or to persons authorised by them, immediately after the marriage is entered in the Ordinary Register or, unless they already have it, when a filiation is registered. marriage or an adoption.

When the delivery of the Book takes place as a result of the registration of an adoption, the birth seat listed in the previous Family Book, if applicable, to the parent shall be cancelled. nature. If this previous Book consists of only that birth seat, the Book will be cancelled.

Art. 38.

The delivery of the Book, whatever the time it takes place, shall always be stated on the margin of the corresponding marriage registration or, in the absence of the same, in each of the birth inscriptions.

Spouses or holders of the parental authority will always have the corresponding Book. In case of loss or deterioration, they will obtain a duplicate, in which the appropriate certifications will be extended. The duplicate shall be expressed as a substitute for the primitive and for its issue shall be taken note in the corresponding inscriptions of the Register.

Art. 41.

Within the Ministry of Justice, it is up to the General Directorate of the Registers and the Notary to conduct and inspect the services of the Civil Registry. In general, it is up to him to comply and enforce the Law, the Regulation, prepare proposals for how many provisions in the matter have to take the form of Order or Royal Decree and report on the issues of the Civil Registry.

The Ministry of Foreign Affairs will be heard on the peculiarities of the book service and printed on the Civil Records abroad.

Art. 42.

The Directorate-General shall communicate to the Registry's organs the resolutions or instructions directly through the Presidents of the High Courts of Justice or the Ministry of Foreign Affairs.

Those in charge or Inspectors of the Civil Registry are not required by orders or instructions issued by Organisms other than those to whom the Law entrusts this service. Accordingly, any order addressed to those officials by other hierarchical superiors shall indicate their transfer status.

Art. 43.

The Registry Managers may raise to the Directorate, prior to the report of the Fiscal Ministry, proposals to improve the service or to resolve issues of a general nature.

Art. 44.

In the populations where there is more than one Court of First Instance, the Civil Registry service is subject to the following rules:

1. You will exempt one or more Records, always in charge of Judges of First Instance, assisted by the corresponding Judicial Secretaries.

2. The Ministry of Justice, taking into account the circumstances of each population, shall adopt or promote appropriate measures, in particular:

a) If in the municipal term there is a single Register or several, indicating in this case the competence of each one.

(b) The Judge or Judges of First Instance to whom the Civil Registry is responsible and, where appropriate, the functions that each correspond to.

c) If the Judge or Judges are to dedicate themselves exclusively to the Registry service.

In any case, the decision on these extremes and the provision of vacancies of Judge, Registrar and auxiliary staff shall be in accordance with the organic provisions of the Administration of Justice.

It is up to the Ministry of Justice, on a proposal from the Directorate-General, to determine the number of Doctors of the Civil Registry and the distribution among them of the services.

3. The Secretary, by delegation of the Encharged, may carry out by himself: The function of certifying; all the registered functions referred to in the second paragraph of Article 46, and those relating to the life and state of the state. The same privileges shall be given by the authorised Officer of the Administration of Justice, in which the Secretary, in turn, delegates, after authorization of the Encharged.

4. In the field of functions referred to in the second paragraph of Article 46, the entries which may be made under a declaration may also be practised by virtue of the minutes of such a declaration. Officer or Registrar, provided that the seat is extended before the twenty days of the registration.

In order for the Judge to issue the burial license it is required that the minutes have been lifted and that the death part and check must be recorded in the terms required for registration.

Art. 45.

The General Directorate may authorize, when required by the service, the opening of several Daily Book volumes, as well as the volumes that may be open simultaneously in each of the Sections of a Registry.

Art. 46.

In the Municipal Records, the Judge of Peace acts by delegation of the Encharged and with equal powers, except in the files.

In its virtue, it shall extend the inscriptions within the period of birth of children in marriage, the ordinary of death, the ones of marriage in religious form by the respective certification, the marriage in civil form the prior record of which has been instructed, and the marginal notes other than rectification or cancellation.

You shall not, however, extend any other seat except in cases of urgent need, without receiving any special and written instructions from the Encharged, requested and dispatched immediately, which shall be filed with the others. background relative to the seat, booking the Encharged minute.

In any case, you will fulfill how many committed you receive from the Encharge of the Registry.

Certifications will always be issued and signed jointly by the Judge and the Registrar.

Art. 47.

It is for the Judges of the First Instance to illustrate and direct the Justices of Peace, clarifying their doubts, correcting their errors, giving them the necessary instructions for the performance of their mission and making them the maximum diligence and consultation in dubious cases.

Whenever it is imposed by the service and at least once a year, they will visit the Registers in charge to thoroughly examine all the seats, archived documents and proceedings after the last visit and provide for the service. necessary in order to function properly. If no such visits have been carried out in the previous year or years, the President of the High Court of Justice shall be aware of this.

The result will be completed by duplicate minute minutes, one of whose copies will be given to the Judge of Peace; the visit will be completed in the Book of Personnel and Office and in each of the open inscriptions.

Art. 48.

The Judges of First Instance, as soon as they are charged with the Registry, shall be replaced in accordance with the requirements of those charges.

Art. 49.

Judge and Registrar jointly respond to how many acts jointly authorize the Registry.

The Secretary will abide by the Judge's order; but if he considers that there is an infringement, he will save his responsibility by following the immediate higher organ.

Art. 51.

The Consular Records shall be in charge of the Consules of Spain or, as the case may be, the diplomatic officers in charge of the consular sections of the Diplomatic Mission.

They will be replaced by the appropriate career officer and, failing that, by the Chancellor or person to replace him, according to your Rules of Procedure.

In the absence of the regulatory substitute, the facts will be entered in the Central Register.

Art. 52.

The Central Registry, in its administrative service aspect, will depend directly on the Directorate General. He or she shall be in charge, on a proposal from the management centre, of one or more officials of group A, Licensas in law, of the Directorate-General with the category of Heads of Service, or of active Magistrates, appointed by the General Council of Power. Judiciary on the proposal of the Minister of Justice. In order to serve this Register, they may be attached to officials of the Civil Administration, other of the Administration of Justice, appointed by the Minister on a joint proposal of the Directorates-General for Relations with the Administration of Justice and the Registers and the Notary.

The Directorate-General will determine, where appropriate, the functions that correspond to each Encharged and the official who must replace it.

Art. 53.

Consular records lack Secretary; seats, certifications and errands will be authorized only by the Encharged.

Art. 54.

It will assume the functions that, in order to each Registry are assigned to the President of the Superior Court of Justice, with respect to the Central, the President of the Madrid, and with respect to the Consular, the own the legal career replacement.

The Prosecutor's Office will be represented in the files relating to the Central Registry, as appropriate, according to the Registry to whom they are ventilated, and in all other matters relating to the Registry by the Prosecutor assigned to him. in Madrid. With respect to the Consular, by the Foreign Minister of the Consulate, and in defect of a regulatory substitute, by two able and instructed Spaniards, appointed by the Chief of the Consular Office or the Diplomatic Mission. The representative shall abide by the rules governing the Fiscal Ministry and shall act in this role independently of the Consules.

You cannot act on the same subject as Charged and Representative of the Fiscal Ministry.

Art. 56.

The Directorate-General exercises the superior inspection by its officials of Group A, Licensed in Law, with the category of Deputy Directors or Heads of Service, which have the character and powers of central inspectors, without prejudice to the higher faculty of the Director-General.

Art. 58.

The ordinary inspection of the Municipal Records is exercised by the President of the respective Superior Court of Justice or by the Magistrate in whom he delegates to each province.

The inspection will be done personally and once a year, without prejudice to the extraordinary visits that he or the Directorate deems appropriate; it will give the General Direction of the lack of inspection in the year or years above.

The inspection will fall:

1. On the Register directly by the Judge of the First Instance, by examining the minutes of the visits which the Encharged has made in the Records to his office, as well as specific instructions which he has given to the Judges of Peace.

2. º On one, at least, for each Judge of the First Instance of the Records in which the Judge of Peace acts by delegation, checking the fulfillment of the duties of the respective Encharged.

Art. 59.

The ordinary inspection of the Consular Records shall be exercised, without any time, by the Head of the Diplomatic Mission. It may delegate to other diplomatic or consular officials posted on it, subject to the authorisation of the Ministry of Foreign Affairs.

The Registry by the Chief of Mission shall be carried out by an official appointed by the Ministry of Foreign Affairs.

Art. 62.

In the years completed at zero or five, the ordinary Inspectors will send, with the part referred to the Directorate General, a Memory of the measures advisable for the service, of which the drafting will commission, with a year of anticipation, to an Encharged Record, which will use the reports and proposals of others, subject to the same Inspector.

The Address may point out, in good time, the topic or topics to which the Memory should stick.

A summary of the Memories, approved by the Directorate General, will be incorporated into the Yearbook of this Center.

Art. 63.

Individuals, as well as the Prosecutor's Office or any official, may report any infringement, late payment or negligence in order to the Register of the Ordinary Inspector or the Directorate-General.

Art. 66.

In the Register, they will contain facts that affect Spaniards, even if they determine the loss of their status as such or have occurred before acquiring it. They shall also be entered in the same way as their marital status.

The doubt about the nationality of the subject is not an obstacle to the registration of fact. Neither is not being enrolled in the Consulate.

They will also consist of the events in the course of a voyage on board Spanish aircraft or aircraft.

In the birth inscriptions to be practiced in the Consular or Central Records, without the Spanish nationality of the born being accredited to the Law, this circumstance shall be expressly stated.

Art. 71.

The act on whose virtue birth, marriage or death can be recorded, whatever the elapsed time, shall be authorized:

1. º If the facts occur in the course of a sea or air voyage, by the Counter of the warship, or, in the other ships, by the Commander, Captain or Patron.

2. No campaign, by the Commander of the unit or by any commissioned officer.

3. In any circumstances that impede the functioning of the corresponding Registry, by the Encharged of the same, by the special delegate appointed by the General Directorate and, in default of all, by the governmental authority local.

4. º In lazareto, jail, barracks, hospice, hospital or other similar public establishment, whether the event occurs in the buildings, already in the ambulances or other movable accessories, by the official at whose position the address is command or another formally commissioned by it.

5. º In places from which it is not possible for more than one day to transfer to the Registry office, by the local governmental authority.

6. In the distant population nuclei of the Registry office and determined by the Directorate General, by the Civil Registry Delegate, appointed by the Judge of First Instance.

7. In the places where there are only honorary consular agents of Spain, for these, even if they are not Spanish.

Art. 72.

The authorities or officials referred to in the previous article have the same duties and powers of the Encharged of the Registry with respect to the verification of birth, death or abortion, and, except in the cases of the fourth seventh numbers, for the burial license, which shall only be issued if there is a disadvantage for obtaining the ordinary one before twenty-four hours.

Art. 76.

They may request the transfer of the birth registration, the born or their legal representatives; of the marriage, both spouses of common agreement, and of the death, the heirs of the deceased.

Transferred from birth or marriage to the Registry of the domicile, twenty-five years must elapse so that a subsequent transfer to the Registry of the new domicile can be accepted.

Art. 78.

The inscriptions practiced in the Consular Records and in the Central Registry may be transferred from any one of them to the Registry of the domicile. In this, if it is municipal, only the subsequent marginal seats will be extended.

Art. 81.

The authentic document, whether original or testimony, is judicial, administrative or notarial, is a title to register the fact that it gives faith. It is also the authentic foreign document, with force in Spain under the laws or international treaties.

Art. 86.

With documents not written in Spanish or written in old or unintelligible letters, it will be accompanied by translation or sufficient copy made by Notary, Consul, Translator or other competent organ or official.

Translation is not required if the Enloaded is composed of its contents.

Art. 87.

Authentic documents issued by competent Spanish authority or official do not require legalization to have effect on Spanish Civil Records.

Art. 88.

With the exception of international treaties, documents issued by foreign officials and those issued on a campaign or in the course of a sea or air voyage require legalization.

Art. 89.

Even if legalization is mandatory, it will not be required if it consists of the Encharged the authenticity, either directly, or because the document has arrived by official or due diligence. Further legalization shall not be required if the authenticity of the precedent is established.

The Manager who doubts the authenticity of a document, will carry out the appropriate checks, without dilating the deadline or time indicated for his/her performance.

Art. 90.

Legalization, for the purposes of the Registry, shall be made, in the case of foreign documents, by the Spanish Consul of the place in which they are issued or by the Consul of the country in Spain.

In the case of documents issued on a campaign basis or in the course of a sea or air voyage, legalisation shall, for these purposes, be carried out by the Under-Secretary of the Ministry concerned, without prejudice to the competence conferred on it. to the Military Intervention Corps of Defense.

Art. 93.

They are especially obliged to promote it without delay the legal representatives of the legally obliged, when they are unable.

Art. 94.

The Chargé will have to officiate:

1. Practice enrollment when you have enough titles in your possession. If you have to return them or refer them to another organ, you will free free testimony in relation, which you will file in the file.

2. To communicate to the tax ministry the complaints of non-attached facts or data or errors of the Register and the insufficiency of the determining titles of seats, with their remission and, if there are to be returned, of testimony enough equally freed by him.

3. To instruct stakeholders and to excite or require action where appropriate.

Art. 96.

The organs of the Registry shall assist Ios Foreign Records, on the basis of reciprocity.

Art. 97.

The consuls will collect the parts of the inscriptions that affect Spaniards practiced in the Registry of the country.

Art. 103.

The Municipal Registry Officer, appointed by the Directorate General, will also be responsible for the Provincial Archive, even for the purposes of seats and certifications.

The file will be installed in a building other than the Civil Registry. The ordination will be done by judicial parties, comarcas, municipal terms, Registers, Iibro or Legajo classes and, finally, within each class, in chronological order.

Art. 105.

The books shall be made up of fixed sheets or movable, foliated and sealed sheets and in which the Section shall be expressed and taken from the Register. They shall be headed with open diligence, in which the Register, the Section or the class of books, the corresponding number of their Section or class, and the number of pages for seats, shall be indicated.

Extended the main enrollment in the last useful portfolio, will be due to express closure diligence of the closing motif, total number of main inscriptions and the number of pages used.

Opening and closing proceedings shall be authorized by the Chargé and Registrar, if any.

The special character of the book, which, always by separate sections, is opened by correction, reconstitution or rectification, shall consist of the steps of opening and closing.

The Ministry of Justice may establish that the books are formed by subsequent binding of the statements, made in official form, that they open the register. In this case, the declarations, numbered and sealed, shall be kept in chronological order and shall be bound when the volume covers three hundred fold, incorporating the appropriate opening and closing measures, as well as the indices.

The Ministry of Justice may also decide, without prejudice to the preservation of the books, the computerization of the Records and the issuing of certifications by computer.

Art. 106.

No officially edited books have been available, the Chargé, without prejudice to the liability in which you may have incurred, will enable others, formed as those or conforming to the established models.

The Manager will number the pages destined for seats and stamp the stamp of his office on each sheet, and must also be signed on its top. Mention of these extremes shall be made in the opening diligence.

Art. 113.

In the staff part, separate foles will be devoted to each position of the template to express by diligence:

1. º The date of possession, with the signature and rubric of the official or employee.

2. º In the Foles of Encharged and Secretary, the respective table of substitutions and those that occur, even by incompatibility, expressing cause and duration.

3. Cese date.

4. The declaratory resolutions that actions have been taken for who was not legitimately in charge.

Only the changes of the Judge in charge of the book of the Register that is directly in charge will be reflected.

Art. 115.

In the "Territorial Scope" part, it will be reported by diligence:

1. The Registration of the Registry, and in that of the seat of the Judge in charge, terms of office.

2. The aggregations or segregations.

3. The origin of the territory, according to the demarcation prior to the creation or modification and destination of the segregated. The records concerned shall be expressed, with the accuracy of those retained by the file, the date of entry into force of the amendments and the provisions to be made by them.

4. Time that the Registry has ceased to operate due to exceptional circumstances,

Art. 122.

The Registry Officer is unable to query subject matter to qualification.

The Peace Judges shall suspend, for the time strictly necessary, the extension or refusal of the seat, where the consultation of the Chargé is mandatory or appropriate.

Query formulated, set deadlines are suspended.

Art. 124.

The refusals or suspensory agreement shall be formulated with an orderly and precise indication of all defects, ways of subsating them, if possible, and specific appointment of the applicable provisions.

Denied or suspended an inscription, who promoted it under a declaration has the right to be lifted from it and the agreement to be placed.

The refusal or suspension shall be notified to those who promote the seat and, where appropriate, the tax ministry. This is without prejudice to the communication from the Authority or the official who issued the document, who in turn, in the event of refusal or suspension, shall notify the parties to the procedure or act or promoters of the document, within 10 working days of receipt.

Art. 137.

Identity mentions will conform to the following rules:

1. Next to the first and last names will consist, when they are different, usually used.

2. The married woman shall appoint with her own surnames, even though she will use that of her husband. A foreigner who, according to her personal law, has the surname of her husband, shall be appointed with the latter, but shall also be referred to the surname of birth.

3. The age shall be indicated if the inscription does not consist of the day of birth, and shall be counted for years.

4. The nature will refer to the term of birth and, not being this, the head of the party, the province, and if it is a foreign country, to the nation.

5. The domicile shall be specified as the nature, with street indication and number or population entity, when it is not the capital of the municipality.

When registration is practiced by virtue of declaration, the Encharged will attempt to check the data with those of its own Registry or through the exhibition of birth certification, Family Book or any other official document.

Art. 150.

The procedure log will refer to the pretense as it affects the contents of the Registry. It will be extended to the margin of the affected portfolio, but if the procedure is intended to be a main enrollment, the annotation will open up the register.

The title for practicing it is the injunction, made out of office or at the request of a party, by virtue of a principle of proof enough.

The annotation will expire and will be automatically cancelled at four years of its date. Successive extensions for the same period, obtained as the annotation, shall be possible and shall be recorded in the Register.

It will also be canceled if the procedure is justified.

Art. 155.

Facts that, like the parents ' subsequent marriage, will be measured by a person will consist of a marginal note of reference to the enrollment.

Art. 156.

In the margin of the registration of the birth of the subjects to guardianship or curatela, or holders of the patrimony submitted to representation, it will be made note of reference to the one of guardianship, curatela or representation.

Art. 163.

The total or partial cancellation of a seat for ineffectiveness of the act, inaccuracy of the content or other cause shall be performed marginally by virtue of appropriate title subject to the formalities of the cancelled seat and with special indication of the cause and extent of the cancellation.

Where applicable, it shall be included in the registration of the fact that produces it; in the case where the cancellation comes, if it is different, the reference note shall be made.

Art. 164.

The fully cancelled seat will be crossed with ink of different color; if partially cancelled, the cancelled part will be underlined by closing in parentheses with marginal call to the cancellation seat.

Art. 166.

The time period for declaration shall be 20 days when fair cause is credited, which shall consist of the registration.

The obligation to declare affects the consanguineos to the fourth grade and the like to the second.

Art. 169.

Enrollment, when the municipal term and date of birth are ignored, only proceeds by virtue of a file that, necessarily, in the absence of other evidence, will establish the day, month and year of the birth, according to the apparent age, according to medical report, and the term, by the first known of the born. In the case of houses of former dressings, the information provided by the Chief's office is sufficient as evidence, which, in its day, will be communicated to the register, with an indication of the volume and page.

In the resolution, in the case of minor or abandoned, in addition to the applicable circumstances, they shall be mentioned:

1. The time, date and site of the finding and the identity mentions of the person who collected them.

2. Special conformation of the individual.

3. The relationship of documents, clothes, and other found objects.

4. º How many circumstances are useful for future identification.

With the resolution the documents referred will be archived; the other objects, being of easy conservation, will be marked for, at all times, to be able to be recognized, and those who are not in the custody of the house of expores, will be conveniently deposited.

No indication of exposure or abandonment shall be expressed in the seats.

Art. 176.

Emancipation by the granting of those who exercise the parental rights is inscribed by virtue of writing or appearing before the Encharged of the Registry.

Emancipation by judicial grant and the benefit of the highest age are entered by virtue of the corresponding testimony.

Art. 177.

The enrollment of the incapacitation will express the extent and limits of the intraining, as well as whether the incapacitated is subject to guardianship or curatela, according to the judicial resolution.

In the inscription of the statement of prodigality the acts that the prodigal cannot perform without the consent of the curator will be expressed.

Art. 180.

In the event that the parental authority is affected, it shall be recorded:

1. The fact, precisely the circumstances that influence the parental authority.

2. º If there is a full or limited acquisition, extinction, recovery, restriction, extension or rehabilitation of the parental authority, if the child is subject to guardianship, powers that pass to the other parent and if there is Administrator.

When the alteration of the parental authority is a consequence of a fact that is registered separately, it will be extended to the margin of the inscription of birth, simply, note of reference to the inscription of the fact, in which it is record the circumstances above.

No reference note to the parent or parent's death enrollment.

Art. 181.

The parent who promotes within the deadline the birth registration, by virtue of a declaration, may express, for the purposes of stating in the Register the maternal affiliation, the person with whom the child has had, provided that the identity of the mother is the result of the part or check required for the registration.

Art. 183.

When, as a result of the declaration or title of the registration, the child is presumed to be the husband, in accordance with the provisions of the Civil Code, in the birth registration, and in his defect, by note to the margin, make reference to the parents ' marriage registration, and if all the data in the reference is not known, it shall include the date of the marriage, and at least the date of the marriage.

In this case, the identity mentions of the parent will be recorded.

Art. 184.

The child shall be born within one hundred and eighty days following the date of the marriage, the paternity of the husband shall be entered, unless the authentic statement to the contrary of the latter referred to in Article 117 of the Civil Code.

Inscribed parenthood, may be cancelled by a governmental file if the authentic declaration of the husband, in order to undermine the presumption, has been formulated in the time and conditions required by the Civil Code.

Art. 185.

Only the non-marital parentage of a married child, as well as the recognition of parental parental affiliation other than the husband, may be entered on the basis of a statement made within the time limit. of the registration that does not govern the legal presumption of paternity of this.

Art. 186.

Public documents for the recognition of public deed, the civil act of the celebration of the marriage of the parents, the case of the registration of birth out of time, the marriage and the marriage the reconciliation act.

The statement of recognition to the Chargé when it cannot be entered immediately, shall be completed with the circumstances of the seat, the identity of the child and the signature of the declarant, in duplicate, one of the copies of which shall be referred first, where appropriate, to the relevant application, to the judicial approval, and then, with the testimony of the approval, after completion of the procedure in the duplicate, to the competent Registry, in its virtue, to practice the enrollment.

Art. 187.

The recognition of an older child cannot be enrolled without express or tacit consent. The existence of the latter can be checked in the gubby case.

Art. 188.

The recognition of a minor or incapable person is an enrollment, without the need for the consent of the legal representative or for the judicial approval, when it is recorded in the will and the death of the author of the recognition is credited. It is also registered, without the need for such consent or approval, the recognition of minors or unable to be granted in another public document within the time limit established to practice birth registration; in this case the registration of paternity may be suspended or confirmed in accordance with the provisions of the Civil Code.

The recognitions entered in accordance with the preceding paragraph shall be notified to the other parent and, where appropriate, to the legal representative of the born, and if this representative is not known, to the Ministry of Public Health. If the person concerned has died, his heirs shall be notified. Such notifications shall be made in accordance with the provisions of the first and third paragraphs of Article 182.

Art. 189.

Whatever the elapsed time and even if the parent and child have died, the case for enrolling non-marital affiliation can be initiated at the request of the person who has legitimate interest or legal representation.

The opening will be notified in person to the interested parties, who in any case may be part of and formulate opposition.

In order to ensure that the opposition of the constituted in part or of the Fiscal Ministry is properly understood in order to prevent the approval of the file, it must be presented in a timely manner and express the reasons why estimates that the specific background fundamentals that the request is invoked are missing.

Art 190.

It is to sign the final criminal sentence which, in its judgment, determines a filiation.

Art. 193.

The Manager shall record in the birth registration the name imposed by the parents or guarantors, as stated by the declarant.

Not expressing name or being inadmissible, the Encharged will require the persons mentioned in the previous paragraph to give the name to the born, with warning that after three days without having done so, the person will proceed to the birth enrollment by imposing the name by the Enloaded.

Art. 197.

In the enrollments of recognition, adoption, acquisition of Spanish nationality, resolutions affecting these facts or any other that determines change of surnames, the resulting order shall be clearly expressed.

Art. 198.

The investment of surnames of the elderly, as well as the one requested under the Law by the legal representatives of the minors, can be formalized by simple declaration before the Encharged of the Civil Registry of the address, and do not take effect until they are registered.

Art. 201.

The one adopted in full by a single person will have by his order the last names of the adopter. Except where one of the spouses adopts the child of his consort, even if he has died, and the one in which the only adopter is a woman. In the latter case, the order may be reversed with the consent of the adopter and of the adopter if he is of age, without prejudice to the provisions of Article 207.

Art. 205.

The Ministry of Justice may authorize changes of name and last name, subject to prior informed file:

Required requirements of the last name change request:

1. º That the last name in the proposed form constitutes a factual situation not created by the interested party.

2. º That the last name or last name that is to be joined or modified legitimately belongs to the petitioner.

3. º That the last names that result from the change do not come from the same line.

Opposition founded solely on non-compliance with the required requirements may be formulated.

Art. 206.

Changes may consist of word segregation, aggregation, translation or deletion of letters or accents, deletion of articles or particles, translation or graphic or phonetic adaptation to the Spanish languages, and in replacement, placing or aggregation of other names or surnames or part of surnames or other analogues within the legal limits.

Junctions may not exceed two words, without counting articles or particles.

Your own name change requires just cause and does not hurt third parties.

Art. 209.

The Judge of First Instance, Charged with the Registry, may authorize, after file:

1. The change of surname Exposito or other analogues, indicators of unknown origin, by another belonging to the petitioner or, failing that, by a last name of current use.

2. º The name and surnames imposed with violation of the established rules.

3. The conservation by the child or their descendants of the surnames they came using, provided that they instal the procedure within two months of the enrollment of the filiation or, if applicable, the majority of age.

4. The change of own name to the commonly used name.

5. º The translation of foreign name or graphic adaptation to the Spanish languages of the phonetic of surname also foreign.

The Ministry of Justice can, in all these cases, directly and without limitation of time limit the change or preservation of names and surnames.

Art. 212.

The name imposed with infringement of the established rules shall be, if applicable, translated and, in other cases, replaced by another adjusted one, which the petitioner will normally use; in his absence, by the one chosen by him or his representative legal, and, ultimately, by an imposed ex officio.

The last name imposed with infringement of the rules will be replaced by the one that they determine; in their defect, by the one usually carried by the petitioner; after, by the current use that he or his legal representative chooses and, in the last term, by an ex officio tax.

Art. 213.

For which you acquire the nationality, the born-not-in-term or the unregistered or surname-registered, the following rules apply:

1. The name will be maintained and, when the filiation does not determine others, the surnames that you will come using, even if they are not, one or the other, of current use.

2. The other will be completed or changed as soon as the other rules are in place.

The change or imposition shall be made in accordance with the rules of the previous article, and in the case of abandoned or expodos, as soon as they consent, the names and surnames of current use indicated in writing shall be respected. found with them.

Art. 214.

These modifications or impositions of names and surnames shall be made in the formalities prior to the registration of birth or supplementary to their circumstances, or in the case of nationality.

Art. 215.

The provisions of the three preceding articles are without prejudice to the possibility that interested parties may request, where appropriate, the change of name and surnames which are not of current use.

The name and the old surnames are not entered, they will be entered, in any case, with the change produced.

Art. 217.

Any change of surnames reaches the subjects to the parental authority and also to the other descendants who expressly consent to it.

To reach these descendants, the registration of their consent is required, formulated well in the file, either within two months of the registration of the change and subject to the formal rules of recognition to the Encharged.

The competent person responsible for the registration of any act involving a change of name or surname shall inform the Directorate-General of the Police of the Ministry of the Interior and the Ministry of the Central Register of Penados and Rebels. It may also inform the police authorities of the foreign country in which they are resident of the change. Other communications can be ordered by the General Directorate of the Registers and the Notary.

Art. 220.

In the request for a letter of nature, enabling the Government to recover Spanish nationality or granting nationality by residence, it will be stated in particular:

1. Identity, place and date of birth of the applicant, if he/she has the capacity required by the Spanish Law, and current and former nationality of him and his parents.

2. Their marital status; mentions of identity and place and date of birth of the spouse and of the children subject to the parental authority. If there are any subsequent nuptials, reference shall be made to the previous marriages.

3. º If you are processed or have a criminal record. If you have fulfilled the military service or equivalent service, required by the laws of your country, or situation in this respect.

4. º The residence in Spanish territory, with precision of dates and places and the exceptional circumstances that it invokes for obtaining the letter or of the habilitation.

5. The circumstances that reduce the time required; if you speak Spanish or another Spanish language; any circumstance of adaptation to Spanish culture and lifestyle, such as studies, charitable or social activities, and other than you deem appropriate.

6. º If you propose to reside permanently in Spain and means of life with which you count.

7. In your case, the commitment to renounce the previous nationality and to take oath or promise of fidelity to the King and obedience to the Constitution and the Laws.

Art. 221.

The requester will test the facts referred to in the first five numbers of the previous article.

Those referred to in the first and second numbers will be accredited by certification of the Spanish Registry, in its defect, by the one issued by Consul or competent official of your country, and if not possible, by any other medium.

The consular certification, if possible, will also refer to the circumstances of the number 3 and the conduct, which will also be accredited by certificate of the local governmental authority and by the Central Register of Penados and Rebels.

For the granting of the nationality by residence, it will be credited, if possible, for information from the Civil Government or the Directorate General of the Police of the Ministry of the Interior.

The other facts and circumstances will be credited by any appropriate test media admitted in law.

The Officer, in the case of granting of nationality by residence, will personally hear the petitioner, especially to check the degree of adaptation to Spanish culture and lifestyle, and will also seek to hear the spouse separately and in reserve on the change of nationality and circumstances in which they are present.

Art. 222.

The Directorate will collect the official reports it deems accurate and always that of the Ministry of the Interior.

The report of this Department will include the judgment on the conduct and status of the foreigner with respect to the obligations imposed by his entry and residence in Spain.

Art. 223.

The granting of a letter of nature will take the form of Royal Decree, dictated on the proposal of the Minister of Justice. The qualification to recover Spanish nationality will be formalized, with the same proposal, by agreement of the Council of Ministers.

In the "Official Gazette of the State", it will be inserted, for information purposes, a semi-annual relationship of the concessions of nationality by residence.

Denied resolutions may not be motivated for reasons of public order or national interest.

Art. 224.

In the one hundred and eighty days following notification, after which the concession expires, the applicant shall appear before the competent official to, where appropriate, give up the previous nationality, provide the promise or oath-ment required and register as Spanish in the Register.

The manager who receives the statements will ensure the practice of all kinds of seats that come from the change.

Art. 225.

The change of civil neighbourhood occurs "ipso iure" by the habitual residence for ten years in a row, in province or territory of different civil legislation, unless before the end of this period the interested person makes the statement to the contrary.

Within ten years, the time is not computed when the person concerned cannot legally govern his or her person.

The foreigner who acquires the Spanish nationality by naturalization or option and wishes to also opt for the civil vicinity corresponding to the territory of special law or foral in that it takes at least two years of residence, make this second option to the Civil Registry Officer at the same time as the declarations provided for in the second paragraph of Article 20 of the Civil Code.

Art. 226.

The declarations of will regarding the nationality or the vicinity and the resignation and the oath or promise required will be admitted by the Encharged of the Registry even if no document is presented, but only it can the registration is to be carried out if the requirements for acquisition, modification or conservation are previously justified.

Art. 227.

If the declarations referred to in the previous article do not appear to be accredited, the declarant shall, without prejudice to the appropriate resources, be required to complete the test within the period prescribed. The prudential I pointed out to you. This shall be limited for the time being to draw up the minutes of the declaration and in its day, when the requirements are established, the time and date of the entry shall be considered, from which the declaration shall take effect, those of the minutes, which shall be deemed to be time and date. shall be recorded in the seat.

Art. 228.

The entries of nationality or neighbourhood practised by virtue of a declaration shall in particular include the character of the declaration and the time when it is formulated and, in the cases required, the renunciation of the previous nationality and the oath of office. or promise of fidelity and obedience.

The registration of the acquisition of nationality by grant or recovery after the government has been approved shall be carried out under the Royal Decree or Order and the declaration of the person concerned.

Art 231.

The same regime as set out in the previous Article shall apply to any other declaration of will concerning nationality or civil neighbourliness.

Art. 232.

The loss of nationality shall only be entered on the basis of authentic documents which are fully accredited by the person concerned or by his legal representative and, where appropriate, by his or her heirs.

In the absence of authentic documents, a government file will be required, with the citation predicted.

Art. 233.

In order to register the loss of the Spanish nationality for which you are from your youngest age, in addition, a foreign nationality, will be duly accredited, in accordance with the provisions of the preceding article, nationality Foreign nationals who are assigned to the person concerned from his or her minority and express their express renunciation of Spanish nationality.

Art. 234.

In foreign countries where there are no Spanish consular officers or diplomats, requests for waiver or empowerment may be made in duly authenticated documents addressed to the Ministry of Justice.

Art. 235.

In transfers of the granting of nationality by residence or by letter of a nature, or when the option or recovery is entered, the children of the person concerned shall be expressly warned of the right to be granted have the right to opt for Spanish nationality in accordance with Articles 19 and 20 of the Civil Code.

Art. 236.

In the neighbourhood inscriptions, reference shall be made in their text or in a marginal note to the birth of the others affected by the modification of the civil vicinity, with the indication of names and names.

Art. 237.

In the birth inscriptions of these affected persons, reference shall be made to that of the neighbourhood, with an indication of the registered fact and the character of the holder.

Art. 238.

It is competent for the instruction of the file prior to the celebration of the marriage the Judge in charge or of Peace, or the Chargé of the consular Civil Registry, corresponding to the domicile of any of the contrayents.

Art 239.

The Judge of Peace is competent, under the direction of the Encharged and by delegation of this, to instruct the file prior to the marriage and to authorize or deny its celebration.

Firm the favorable order given by the Judge of Peace and if the interested parties had requested that the Mayor authorize the marriage, the marriage will be celebrated before him, who will raise the record with all the requirements required in the Code Civil and in this legislation and shall immediately forward it to the Registry of the locality for registration.

Art. 240.

The case starts with the presentation of a document, which will contain:

1. The indications of identity, even the profession, of the contrayents.

2. º Where applicable, the name of the former spouse or spouses and date of the dissolution of the marriage.

3. The declaration that there is no impediment to marriage.

4. The Judge or elected official, if any, for the celebration.

5. People in which they have resided or been domiciled in the last two years.

The letter will be signed by a witness to the contrayant's request that he cannot do so.

Art. 241.

The proof of birth and, where appropriate, proof of the dissolution of the previous links, emancipation or dispensation shall be presented with the letter; it does not prejudge the absence of other impediments or obstacles.

Art. 242.

At the time of ratification or when warning is given, the defects of the claim and evidence to be remedied shall be indicated to the contrayents. The ratification of the contract that is not domiciled in the demarcation of the Register where the file is instructed may be made by appearance before another Spanish Civil Registry or by special power.

Art. 243.

edicts or proclamations shall be published for a period of 15 days only in the populations in whose demarcation the persons concerned have resided or been resident in the last two years and who have less than 25,000 inhabitants of law, according to the last official census, or corresponding to the constituency of a Spanish Consulate with less than 25,000 people in the Register of Matriculation.

The edicts will announce the marriage with all the indications contained in Article 240 and with the requirement to those who have heard of some impediment to be reported. Those in charge who receive the instructor's communication shall return to this edicts, once fixed in the notice board during the period expressed, with the certification of having met that requirement and of having or not reported any impairment.

Art. 244.

If the persons concerned have resided in the last two years in stocks which do not meet the conditions laid down in the preceding Article, the processing of edicts or proclamations shall be replaced by the hearing at least one of the following: a relative, a friend of one's friend or another, chosen by the instructor and who must manifest, on the penalty of falsehood, his conviction that the projected marriage will not be a legal prohibition.

Art. 245.

While the replacement edicts or proceedings are dealt with, the proposed or agreed evidence of trade aimed at accrediting the state, capacity or domicile of the contrayants or any other extremes shall be carried out. required.

If the instructor considers that any of the contrayants are affected by mental deficiencies or anomalies, he or she will obtain from the Civil Registry Doctor or from his/her substitute the appropriate optional opinion.

Art. 246.

The instructor, assisted by the Secretary, will hear both contractually and separately to ascertain the absence of the ligamen impediment or any other legal obstacle to the celebration. The hearing of the contrayant not domiciled in the instructor's demarcation may be performed in the Civil Registry of the address of the instructor.

Art. 247.

The Prosecutor's Office and the private individuals whose knowledge arrives at the request of the marriage are obliged to report any obstacles or obstacles that may be made to them. If the instructor knew the existence of legal obstacle, he would refuse the celebration.

Against the self-approval or denial of the celebration of marriage, it is possible to resort to the use of a government, according to the rules established for the files in general.

Art. 248.

A year after the publication of the edicts, their waiver or the replacement proceedings, without the element being carried out, it cannot be held without new publication, waiver or due diligence.

Art. 249.

Firm the order favorable to the celebration, it will be carried out this, as soon as the necessities of the service allow, in the day and hour chosen by the contrayents, that they will be pointed, at least, with a month in advance. If the contrayents so request, the marriage shall be held within three days of the completion of the file and on the day and time the Encharged is fixed.

Art. 250.

When the contrayents, in the initial document or during the processing of the file, have requested that the consent be provided, by delegation of the instructor, to another Encharged of a Civil Registry, the file, once completed by the instructor, will be sent to the Encharged chosen for the celebration, which will be limited to authorizing the marriage and to extend the registration in its Register.

Art. 251.

In the populations with more than one Judge of the First Instance, any of them, appointed by the Judge Dean, may substitute the instructor, once he signs the favorable order of the instructor, in the provision of the consent and in the Seat extension in the Register.

Art. 252.

If the contrayents have stated their purpose of contracting marriage abroad according to the form established by the Law of the place of celebration and this Law requires the presentation of a certificate of capacity Once the case has been concluded with a favourable self-order, the instructor will deliver to those certificates. The validity of this will be limited to six months of its date.

Art. 253.

The competent authority or official, in order to authorize the marriage of the person in danger of death, shall extend the appropriate act, which shall contain the circumstances necessary for the practice of registration.

The Delegate of the Civil Registry, appointed as provided for in Article 71 (6) of this Regulation, has jurisdiction to authorize this marriage and to lift the record.

The Judge of Peace is exempt from asking for instructions from the Encharged when it is prevented by the urgency of the case, but will give you an immediate account of the authorized marriage.

Art. 254.

If in the civil celebration act the contrayents recognize children who have been living for them before the marriage, they must manifest the data of the birth inscriptions to promote the corresponding marginal notes.

Art. 255.

If the marriage has been held in the offices of the Registry itself, as a result of the previous file, the act of the marriage will be the registration itself, which will be extended by stating all the established circumstances in the Law of the Civil Registry and its Rules of Procedure, and without mention of the fulfillment of the measures prevented for the celebration.

Art. 256.

Except as provided in Article 63 of the Civil Code and Articles 239, 252 and 255 of this Regulation, they shall be entered, provided that there is no doubt of the reality of the fact and its legality according to the Spanish, marriages that consist of any of the following documents:

1. Act lifted by Encharged or competent official to authorize the marriage of the person in danger of death.

2. Certification issued by the Church or confession, whose form of celebration is legally provided for by the Spanish Law.

3. Certification issued by authority or official of the country of celebration.

4. Certification issued by a competent official, accreditative of the marriage held in Spain by two foreigners, complying with the form established by the personal law of any of them.

The title to practice enrollment will be, in all of these cases, the document expressed and the appropriate accompanying statements.

Art. 257.

In any other case the marriage can only be registered under the file, in which the celebration in the form of marriage and the absence of impediments will be duly credited.

Art. 258.

In the marriage registration shall consist of the time, date and place in which it is celebrated, the particulars of the identity of the contrayants, the name, surname and quality of the authorship and, where appropriate, the religious certification or the act Civil celebration.

In the registration of marriage by power it will be expressed who is the power, mentions of identity of the proxy and date and authoritante of the power in that of the contracted with interpreter, its mentions of identity, language in which it is welcomes and contravenes whom it translates.

Art. 259.

All performances and documents prior to the marriage registration will be archived in the file of the appropriate section.

Art. 260.

You may be requested to waive impediments, as well as to publish edicts or proclamations, if in both cases there is fair enough cause.

Who requests it to credit the particular, family or social reasons that you invoke, and will provide, where appropriate, a principle of proof of impairment.

Art. 261.

In the case of the case, the legally required hearings shall be carried out. Your treatment will be reserved and no disproportionate diligence will be required of the urgency of that.

In the request for a waiver of third degree impairment of parentage between collateral, the family tree of the spouses shall be clearly expressed.

Art. 262.

The edicts waiver file will be resolved by the same Encharged under whose authority the prior to the marriage is to be instructed.

Art. 263.

The registration of court decisions shall specify their scope and cause of divorce, invalidity or separation, the good or bad faith of the spouses and the determinations on parental rights and care of the children.

The cancellation of the marriage will be expressed in the registration of the nullity sentence.

Art. 264.

Registrations are carried out by virtue of the testimony of the judicial decision referred to the Civil Registry, where the marriage is recorded. The Officer, also of trade, shall promote the extension in his Register or in other of the reference notes on alteration of the parental authority referred to in Article 180.

Art. 265.

The registration of resolutions on nullity of canonical marriage or of pontifical decisions on marriage for a while requires that its execution has been agreed upon by a competent civil court.

That of foreign judgments on nullity, separation or divorce requires recognition in Spain in accordance with the provisions of the procedural laws,

Art. 266.

The signs on the economic regime of the conjugal society are governed, in the absence of special rules, by those of the inscriptions.

They will only be extended at the request of the interested party.

There is no indication of the fact already registered: the practice will be cancelled ex officio with reference to the inscription that will have, in addition to the own, the value of the register indication.

The indication shall include the nature of the fact, the name, if any. of the new matrimonial property regime, the authentic document or resolution in which the seat is extended and, prominently, its character as an indication.

The title shall be returned to the present, with a signed note in which the Register is entered, taken and the document in which the indication is made.

In the inscriptions which, in any other Register, produce the capitulations and other facts that affect the economic regime, the Civil Registry shall be expressed, and it shall be recorded in that it is recorded as the fact. The data required by certification, by the Family Book or by the note referred to in the preceding paragraph, shall be credited and shall not be credited with the suspension of subsable defect registration.

In the capitulations, the Civil Registry will always be recorded, and the same is the case in which the celebrated marriage is registered. If the marriage has not yet been concluded, the licensors are obliged to accredit, where appropriate, that data to the Notary by means of certification of the marriage or exhibition of the Family Book, and the Notary shall record them by note to the foot or to the margin of the writing matrix; the Notary will make the granting of this obligation.

Notaries shall issue copies of the stipulations affecting the economic or marital regime in the cases permitted by the notarial legislation and, in particular, any applicant who presents a test principle that You are credited as the holder of any patrimonial right in front of any of the spouses.

Art. 267.

The secret marriage, whatever the legal form in which it is celebrated, will be entered in the Special Book.

The authorisation referred to in Article 54 of the Civil Code shall be granted on a proposal from the Directorate-General.

The record, without producing any seat in the registration books, will be submitted to the Central Committee immediately, immediately and in reserve.

Art. 269.

The publication application may be submitted to any Registry. Where appropriate, proof of the death of the deceased spouse must be accompanied.

Art. 271.

The marriage shall be recorded on the record or by any of the documents referred to in Article 256 and which cannot be registered, because it does not meet the requirements for its validity by the Civil Code or for not having been duly accredited.

Art. 272.

Any party may request the annotation of the claim for nullity, separation or divorce by filing the testimony of their admission.

Art. 275.

In the Records that have been assigned to the Medical Registry of the Civil Registry, it will check this, for recognition of the body, the terms of the party and will supply its omissions, for which it will be given, at least, four hours.

In those who do not have it, the Chargé, before enrolling, will require the Doctor to have the appropriate part, as soon as the urgency of the registration and, not obtaining it, or being contradictory with the information of the declarant, shall check the fact by means of the replacement of the Doctor of the Civil Registry, which shall ratify or supply the required party.

The doctor of the nearest Civil Registry or substitute residing in a population of more than two kilometers may excuse your assistance. The verification will then be made at the election of the Encharged or Judge of Peace, by himself, by whom he has in this respect the same duties and faculties or delegating, under his responsibility, in two capable persons; the result will be completed in minutes separated.

In the appropriate part of the Consular Records, the supplementary check referred to in the preceding paragraph shall be established.

When the information is defective or offers reasonable doubts, the Encharged, in itself or assisted by expert, will practice the appropriate checks before proceeding to the registration.

Art. 277.

The registration may, in any case, and without prejudice to the provisions of the following article, sentence or order of the judicial authority which, without a doubt, claims the death.

Art. 283.

You are subject to the registration of the tutelary or curatela charges, your modifications and the judicial measures on the guardian or administration, or on the supervision or control of those charges.

The charges of Albacea, Depositary, Administrator and Judicial Controller, or any other representatives who have special appointment and assume the administration and guard of a property are also eligible.

Art. 284.

They will not be subject to enrollment:

1. The parental authority and its modifications, without prejudice to the provisions of the First Section of the Civil Registry and the registration of Administrators appointed to minors.

2. º The representations of legal persons or their assets in liquidation.

3. º Voluntary proxies.

Art. 286.

Charges are entered by court testimony or other sufficient public document that accredits the inauguration.

The registration of the administrator of the flow rate requires accrediting the acceptance of the charge, by virtue of document with authenticated signature; it is not required to credit it if the same appointee promotes the seat, which will be stated then on him with his signature.

Art. 287.

The register of each guardianship, curatela or legal representation will be opened with the first obligatory registration relative to it; respect of the later will be applied the established on marginal inscriptions.

The Registry Officer, immediately after the main registration, will determine the number of pages to be understood by the portfolio, thus stating the last assigned due diligence in which he/she will refer to the main enrollment.

The tutelary body for multiple siblings will be the object of unique inscriptions.

The registration of the legal representation of the absentee will be practiced in the open sheet for the defender, if he has preceded that of this position.

Art. 288.

In the first inscription, the names of the identity of the pupil or of those who, before the constitution of the representation, were the holders of the assets to her, will be expressed. Only the names and surnames shall be expressed in the marginal seats.

In the first or in your margin reference shall be made to that of your birth and to that of incapacitation, declaration of absence, death or other fact that motivated the legal representation.

Also, on the marginal note, reference will be made, in the day, to the registration of the event involving the extinction of the guardianship, curatela or representation, when it is practiced in a different portfolio.

Art. 289.

Enrollment will be especially expressed:

1. The nature of the charges, and whether the representation is for multiple persons and to what extent.

2. º Parentage with the tutored or represented, when it is the reason for the appointment.

3. º Faculties of representation conferred on the title of appointment and the limitations, equally imposed, if they do not consist in the inscription of the fact that motivates the legal representation.

4. Date of inauguration.

The modification enrollment will express the scope of the modification.

Art. 290.

It will be noted by annotation:

1. The existence of the inventory or descriptions of goods formed by the guardian or defender of the missing and the inventory, description of goods, writes of transmissions and levies or of partition or adjudication and minutes of the protocol referred to in Article 198 of the Civil Code.

2. The filing or modification of the security or bond required of the guardian.

3. º The declaration, if any, that they have been compensated for by food.

4. º Accountability by the tutor.

The accounts will be deposited in the Registry office and with them special laws will be formed ordered by tutelary agencies, which will be kept for one hundred and fifty years.

Art. 291.

They are required to promote them without delay:

1. The Judge.

2. The tutor or curator.

3. The missing or legal representative of the missing person.

4. The Fiscal Ministry.

The authorities and officials to whom, on the grounds of their charges, the unannotated facts are obliged to or communicate them to the Prosecutor's Office.

Art. 292.

These annotations may be practiced by virtue of testimony to the appropriate judicial resolution or officially sent by the authorizing officer.

They will especially consist of:

1. º In their cases, the identity mentions of the comparants and the granting and place, date and official authorizing officer.

2. º In inventories and partitions, the total value that is assigned to the goods in the title.

3. In those of transmissions and levies, the order granting the judicial license. and

4. In the provision of bail, the class of goods in which it has been constituted and, if it is personal, the identity particulars of the guarantor.

Art. 295.

The rectification of errors from national or foreign, or ecclesiastical, public documents should be made when the original or the parent has, in turn, been rectified by the corresponding legal procedure.

The simple or duplicate minutes laid down in the legislation of the Register, in their virtue, practice inscriptions, shall be rectified by the procedures laid down for the corresponding seats.

Art. 297.

By gubby case can only be deleted:

1. º The circumstances whose constancy is not legally or legally provided for.

2. º The seats over made that do not constitute the object of the Registry.

3. The seats or circumstances of which the practice has been based, in an obvious manner, shall be the seat itself, in a manifestly illegal manner.

4. º Additions, apostille, interlinings, scrapes, and null amendments; the seat is considered partially destroyed in how much data and circumstances are unreadable in the file.

Art. 314.

In terms of filiation you will be legally willing.

Art. 315.

Whenever it does not produce procrastination of more than 30 days, they must be incorporated into the file:

1. º The part of the birth, signed by Doctor, midwife or Health Technical Assistant, or, failing that, the departure of baptism or analogous of the corresponding religion.

2. Certificate of the marriage of the parents and, where possible, the ecclesiastical departure.

3. º. In your case, certification or official part of the registration of nullity, dissolution or legal separation of the marriage, even the provisional one, or of the death or declaration of absence or death of the husband.

This is without prejudice to the steps to be best provided, such as the attachment to the registration certificate, the practice or extension of evidence to testify or others.

Art. 317.

Charging, in the event of a disaster, will do everything in its power to save the seats and documents, and to this effect it may require the assistance of the governmental authority. It will urgently account for the destruction or deterioration of the President of the High Court of Justice.

If you are affected by more than one register, you will also notice the General Directorate, and the President of the High Court of Justice, or the Magistrate in whom you delegate, will immediately turn a visit. (a) special inspection, for which he may also delegate, in the case of records in which the Judge of Peace is acting, in the corresponding First Instance. Whenever the guilt of the Chargé is doubtful, he shall be immediately replaced in the proceedings of rescue and reconstitution.

Art. 321.

The file shall be initiated on its own initiative as soon as exceptional circumstances permit or disturb the operation of the Registry. The time limit for processing shall be fixed by the President of the High Court of Justice within 15 days of the opening, and shall inform it accordingly. Directorate-General; its duration shall be eighty days, which may be extended by ten more for every four hundred pages or fraction of them which have been destroyed or damaged.

The General Directorate may extend the time limit for the necessary time, at the request of the Encharged or of whom special interest is held; the extension shall also have the appropriate publicity.

The President of the Superior Court of Justice will ensure that the reconstitution ends within the deadline, requiring, to this effect, the information that it deems appropriate on the course of the file.

Art. 334.

Terminated the file will be given to the General Directorate, through the President of the Superior Court of Justice, of the number and class of seats reconstituted, of the practiced without this character and of the measure in that not Ordered reconstitution could be performed.

Art. 335.

With regard to the case files for statements with a simple presumption value, the Encharged of the Registry of the applicant's domicile is competent.

For the file referred to in Article 339, it is competent, at the choice of the applicant, to be charged with the Register for the place of celebration of the marriage or that of the sponsor's domicile.

Art. 336.

The facts and the impossibility of access to the Register, when they are not noticeable, will be credited by the petitioners:

1. º With the means established for the reconstitution of the inscription.

2. ° With authentic documents in which virtue can be practiced or by established evidence for the pre-registration file.

3. Last term, by the other means of proof, taking into account, if any, the possession of state. When the Law establishes special means of proof, it is in it ready.

The domicile of the stateless persons shall be accredited by municipal certification or testifying information; official report shall be obtained from the Ministry of the Interior on their entry into Spanish territory and on their status as stateless persons.

Art. 337.

They may also be declared with the value of simple presumption of facts relating to the marital status of a foreigner, resident or domiciled in Spain, as long as he is a refugee or asylum seeker or for any reason force majeure cannot obtain the certifications or tests normally accrediting such facts.

Unless the data subject's request is made, the annotation that in its virtue should be extended in the Central Civil Registry shall not be the object of a duplicate seat in the Spanish Consular Registry of the country of the refugee or asylum.

Art. 339.

It may be stated with the value of simple presumption of marriage, the celebration of which is recorded, and which, however, cannot be registered for not gathering the required requirements for its validity by the Civil Code or for not having been duly accredited.

Art. 341.

The government files, referred to in this legislation, will be subject, in the absence of special rules, to the provisions of this chapter.

Art. 342.

The Judge responsible for the registration where the intended resolution must be registered is competent. If the registration is to be practised in the Consular and Central Records, the jurisdiction shall be the first if the sponsor is domiciled abroad, and the second, in another case.

Art. 343.

The file will be instructed by the manager himself, who, hearing the tax ministry, will dictate in the form of order the resolution that proceeds.

Art. 344.

The tax ministry will be aware of the files and resources since its initiation to ensure proper instruction and processing, and will issue a report as a final procedure prior to the decision of the corresponding Judge.

The tax ministry, before its final report, can propose the appropriate measures or evidence. It may also extend, amend or oppose the pretense, on which the parties concerned shall be heard. Even if there is some procedural reason for the opposition, the opposition must include all those, procedural or substantive, which prevent access to the request.

Peace Prosecutors can only act in the proceedings entrusted to the Judges of Peace.

Art. 345.

The files of the jurisdiction of judicial bodies and of the Central Civil Registry are dealt with with the intervention of the respective Secretary.

Art. 354.

The practice of a diligence will not stop others that are compatible.

Any unnecessary or disproportionate delay or processing with the cause will be avoided. In another case, the parties may complain to the President of the High Court of Justice and, if he does not correct it, before the Directorate-General. Complaints shall also be made by omission of formalities which may be remedied before the final decision is taken.

The tax ministry or the office of office will make up for the passivity of the parties in the performance of their duties, without prejudice to the fines that come under the law. After three months after a file or appeal is brought to a halt by the sponsor or promoters, the tax ministry and the other parties shall, unanimously, request that their expiry be declared, subject to a summons to the sponsor or promoters.

In the case of files, the strict order of the opening shall be kept in matters of a homogeneous nature, except in order to be motivated and written to the contrary by the immediate superior.

Interested parties will have the right to be informed at any time in the processing state.

Art. 355.

The resolutions of the Chargé not admitting the initial writing or putting an end to the file are appealable before the General Direction for fifteen working days, from the notification.

No recourse, remedy or complaint to other organs.

The notification of the decisions shall express whether they are final or the action to be taken, the body to which the decision is to be brought and the time limit for bringing it up. The defective notification shall be effective in respect of the party expressly consenting to the decision or bringing the relevant action; it shall also have effect for the course of six months by the person personally to the party if he contains the full text of the resolution, unless formal protest has been made within this time limit in application for rectification of the deficiency.

Art. 356.

The Registry Officer shall, within three calendar days, resolve any request that does not give rise to a file.

Against any decision, whether or not of its own motion, not included in the previous article, there is a remedy for replacement and, subsequently, the appeal referred to in the same article.

These rules do not modify the rules on resources against the registration qualification.

Art. 359.

The General Directorate shall resolve the appeal within thirty working days of its receipt or, where appropriate, the termination of all proceedings.

Art. 360.

The Director will resolve the proposal by the Subdirector.

The resolution will be issued in the same way as the order, and will be published in the "Ministry of Justice Information Bulletin", in the directory of the Management Center and, where appropriate, in the "Official State Gazette".

If facts affecting matrimonial matters, private honour or over which cannot be freely certified are alleged or discussed, the Directorate-General shall take measures not to transcend the identity of the interested. If a warning is issued to officials, their expression will be omitted using the phrase "and the rest agreed".

Art. 363.

Life, single, widowed, or divorced status are credited by the corresponding Encharged's faith.

Life is also credited for the appearance of the subject or the notarial act of presence, and the status of unmarried, widowed or divorced, by affidavit or solemn affirmation of the subject himself or by acta of notoriety.

No official body, to whom life is credited for the appearance of the subject or the state of bachelor, widowed or divorced by that manifestation may require other means of proof, without prejudice to the investigation of trade which may be in doubt founded. The official bodies have previously warned the declarant of the criminal liability in which they may incur.

Art. 364.

The life or state faith file will conform to the following rules:

1. The Chargé and, by delegation, the Judge of Peace of the address of the subject to which he refers is competent.

2. No hearing of the tax ministry is required or communication to interested parties, but the latter may be in part or make the statements that they deem appropriate.

3. Whenever possible, the subject will be asked to make a statement about his or her identity or status.

4. For the faith of life, the identification of the subject is sufficient.

5. When the status is declared, each person shall be opened with a statement indicating the place and date of birth. The opening shall be communicated to the Registry of Birth, in order to record it by note on the margin of registration and to communicate, for its constancy in the file and effects on the files, the marginal notes of marriage and death already practised or as they are produced. The statement, which shall be contained in the statement, may not be delayed by the absence of a birth registration or an acknowledgement of receipt with the indication that the marginal note has been applied.

6. For the status of unmarried, widowed or divorced, their possession shall be sufficiently accredited, except that the Chargé is composed of them, and it is sufficient to accredit the affidavit of a person, preferably family.

7. It will be processed with urgency, and always within the maximum period of five working days.

Art. 365.

The cases of nationality that fall within the jurisdiction of the Ministry, those of change or the preservation of the name and the surnames and the waiver for marriage shall be instructed, in accordance with the general rules, by the Municipal registration of the domicile of any of the promoters. If all the petitioners are domiciled in foreign countries, they shall be instructed by the Consul of the domicile of either of them or, failing that, by the Central Committee.

Resolved by the Encharged those of your competence, the others will be raised directly to the Directorate, which will be able to order its enlargement with new measures and, in this case, will be heard again to the tax ministry.

Those of nationality, whose resolution corresponds to the Government, will be instructed by the Directorate General, which may commission the effect of the Encharge of the registered office, without, in any case, requiring general announcements No hearing of the tax ministry.

Art. 366.

When the concession is granted discretionally or when it depends on exceptional circumstances or on grounds of public order or national interest, the Instructors and the Subdirector in their proposals will be limited to assess the background and form requirements, and highlight the proven or notorious facts that can be illustrated for the decision.

The denial resolution will be communicated in these cases to the Directorate-General to order the notifications to be made.

The resolution of requests for grace is not imperative. Receipt of your presentation will be delivered.

Art. 367.

The Minister of Justice resolves in the form of an Order, on a proposal from the Directorate-General, prior to the report of the respective Subdirection.

Art. 370.

They are free:

1. The birth and death declarations.

2. The Life, or Life and State Faith Records.

3. The diligence and certifications of the Family Books, for which only the price of the form set by the Ministry of Justice may be charged.

4. The actions identified by the Law with such a character and, in general, all those that do not accrue rights specially mentioned in legally approved tariff.

Art. 372.

Those with income not exceeding twice the minimum inter-professional salary shall be exempt from all rights in the actions of the Civil Registry, including emergency and emergency registration, and must be issued by official mail the correspondence relating to their requests.

That circumstance shall be credited in writing by the Mayor or the non-former Mayor's Tenure in one year to his or her presentation.

Art. 374.

Do not be entitled to the requested certifications and life fes or status:

1. º For the persons referred to in Article 372.

2. º To have effects on large family files.

3. º By the insured and right-holders for the compulsory Social Security and perception of their benefits.

4. º by Diplomatic Missions or Foreign Consulates on a Reciprocal Basis.

5. º By any official or ecclesiastical body.

6. º. For those who provide the official form to understand them, by appointment of the provision of exemption, approved by the Directorate and sealed by the public office in which those have to take effect.

Art. 386.

The compatibility of the post of Civil Registry Doctor with other charges or activities will be in accordance with the specific provisions foreseen for that in the general legislation on incompatibilities of the staff to the service of Public Administrations.

Art. 387.

In the event of the death of a Doctor of the Civil Registry or concurrence of another cause that produces the vacancy of the position, the Judge charged will notice within three ten to the Directorate General.

Art. 392.

The situations of the medical staff of the Civil Registry shall be governed by the general rules of application to civil servants of the Civil Administration of the State.

Art. 394.

In addition to those provided for in the general legislation, the repeated negligence in the provision of the service shall be deemed to be serious, and very serious, without prejudice to the criminal liability to which it is responsible. certifications, already have the malicious record of the data to contain or the service has not been made.

The minor faults will be sanctioned by the Encharged of the Registry, without the need for an investigation of the case, but always after hearing of the defendant. Serious misconduct by agreement of the Directorate General. And the very serious ones for the minister, but the separation of service can only be agreed by the government.

The loss of remuneration will relate to those it obtains in the days to be determined, which will be invested in the role of payments to the state. An amount equal to that which officials in general is assigned as a family supplement is excepted.

The case of disciplinary correction for serious or very serious misconduct shall be directed by a State Department headed by the Directorate-General or by the superior of the expedientate designated by him.

Art. 405.

The Doctors of the Civil Registry, whatever their legal status, will be compulsorily part of the Beneficial Mutuality of their Body.

The Mutuality, whose income, pension benefits will be determined by Order will be administered by the Board of Physicians of the Civil Registry, which may be presided over by the Director General, to which annual accounts will be given management.

transient disposition 13.

Civil Registry Medical places to be abolished shall be amortised as they become vacant.

Art. 2. º

The articles of the Civil Registry Regulation listed below will be preceded by the following headings:

Section 2. Of The Family Book. Please apply to Articles 36 to 40.

Chapter VIII. Of the cancellations. Precedes Articles 163 to 164.

Subsection second. From the marriage paternal filiation. It includes Articles 183 and 184.

Subsection third. From the registration of the non-marital affiliation, Abarca Articles 185 to 190.

Subsection fourth. From the unknown filiation. Precedes Article 191.

Subsection fifth. Of other cases of change or preservation of names and surnames. Article 209 to 215.

Section first. From the celebration of marriage to a Judge or an official who does his or her times. Comprises articles 238 to 254.

Section 2. From the registration of the marriage in the Civil Registry. Covers Articles 255 to 259.

Section 3. Of the marriage waivers. Precedes Articles 260 to 262.

Section 4. Of the judgments and resolutions. Please apply to Articles 263 to 265.

Section 5. Of the particulars or indications on the regime of goods. It comprises Article 266.

Section sixth. Of the secret colonies. Covers Articles 267 to 270.

Section 7. From the marriage log. Precedes Articles 271 and 272.

Chapter VI. Of the faith of life or state. Article 363 and 364 are referred to.

Art. 3. º

The expression "faith of life, sole or widowhood" used in any article of the Civil Regulation shall be replaced, with appropriate grammatical adaptations, by the expression "faith of life or state".

Art. 4. º

The transitional provision of the Regulation of the Civil Registry approved by Decree of 14 November 1958 is deleted.

TRANSIENT PROVISIONS

First.

The references that this Royal Decree makes to the Supreme Courts of Justice will be construed as references to the Territorial Hearings, while those are not constituted in compliance with the provisions of the provision Second transitional of the Organic Law 6/1985, of July 1, of the Judiciary.

Second.

The functions entrusted by this Royal Decree to the Presidents of the Superior Courts of Justice, or of the Territorial Hearings, will begin to be exercised as the current District Courts go being converted, as provided for in the third transitional provision of the Organic Law 6/1985, of July 1, of the Judicial Branch. In the meantime, such functions shall continue to be performed for the Courts of First Instance, to which they correspond, in accordance with the provisions in force.

Without prejudice to the foregoing paragraph, all other privileges that this Royal Decree confers upon the Charged Judges shall, as of their entry into force, be assumed by those who are at the head of the respective Judges. Judge-District.

Given in Palma de Mallorca to August 29, 1986.

JOHN CARLOS R.

The Minister of Justice,

FERNANDO LEDESMA BARTRET