JOHN CARLOS I,

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Law:

Article first.

Titles IX and X of book I of the Civil Code will be written in the following form:

TITLE IX

From Intraining

Art. 199. No one can be declared incapable but by judicial judgment under the causes established in the Law.

Art. 200. Diseases or persistent deficiencies of a physical or mental nature that prevent the person from being governed by themselves are causes of intraining.

Art. 201. Minors may be incapacitated when they are unable to do so, and it is reasonably expected that they will persist after the age of majority.

Art. 202. It is appropriate to promote the declaration to the spouse or descendants and, in the absence thereof, to the ancestors or brothers of the presumed incapable.

Art. 203. The tax ministry shall promote the declaration if the persons referred to in the previous article do not exist or have not requested it. To this end, the authorities and public officials who, by reason of their charges, knew the existence of possible cause of incapacitation in a person, should put it to the attention of the Fiscal Ministry.

The competent court shall, in the same cases, take the necessary measures of its own motion, and shall inform the Prosecutor's Office, who shall request the Judge to do so, within a period of 15 days.

Art. 204. Any person is entitled to bring to the attention of the Prosecutor's Office the facts that may be the determinants of the incapacitation.

Art. 205. The intraining of minors provided for in Article 201 may be requested only by those who exercise the parental authority or the guardianship.

Art. 206. In the process of intraining, the intervention of the Prosecutor's Office will always be necessary, even if it has not been a promoter of them.

Art. 207. If the Prosecutor's Office has promoted the procedure, the Judge shall appoint a defender to the presumed incapable unless he is already appointed. In other cases, the Public Ministry will be the defender.

The alleged incapable can appear in the process with his own defense and representation.

Art. 208. The Judge shall hear the next of kin of the presumed incapable, examine the person himself, hear the opinion of an optional and, without prejudice to the evidence at the request of a party, may order, on his own initiative, as many as he considers relevant.

Art. 209. The Judge, in any state of the proceedings, may, at the request of a party or on his own initiative, take the measures which he considers necessary for the proper protection of the presumed incapable or of his or her assets.

Art. 210. The sentence that declares the incapacitation will determine the extent and limits of the intraining, as well as the guardianship regime or keep the incapacitated from being subjected.

Art. 211. The detention of an alleged incapable person shall require prior judicial authorization, unless, as a matter of urgency, the immediate adoption of such a measure is necessary, of which the Judge shall be given the right to take account of the matter as soon as possible, and, in any event, within the 24 hours.

The Judge, after examining the person and hearing the opinion of an optional by the designated person, shall grant or refuse the authorization and shall bring the facts to the attention of the Prosecutor's Office, for the purposes of Article 203.

Without prejudice to the provisions of Article 269, 4, the Judge, of the Office, shall seek information on the need to continue detention, where it is relevant, and, in any event, every six months, in a manner equal to that provided for in Article 269. in the preceding paragraph, and shall agree on the continuation or non-detention.

Art. 212. The sentence of a relapse in an intraining procedure will not prevent, over-coming new circumstances, that a new declaration can be applied judicially that it has the object left without effect or modify the scope of the incapacitation already established.

Art. 213. It is appropriate to make the request to initiate the procedure referred to in the preceding article, to the persons referred to in Article 202 to whom they are responsible for tutoring or keeping the disabled, the Prosecutor's Office and the Ministry of self-trained.

Art. 214. Court decisions on incapacitation shall be recorded or entered in the Civil Registry, without prejudice to the provisions of the mortgage legislation and the Commercial Registry.

TITLE X

Of the guardianship, the conservatorship and the guardian of the minors or the disabled.

CHAPTER FIRST

General provisions

Art. 215. The keeping and protection of the person and property or only of the person or property of the minors or the disabled shall be carried out, where appropriate, by:

1. The guardianship.

2. The curatella.

3. The judicial defender.

Art. 216. The tutelary functions are a duty, they will be exercised for the benefit of the tutored and will be under the safeguard of the judicial authority.

Art. 217. Only the excuse of the tutelary charges will be admitted in the legally anticipated assumptions.

Art. 218. Court decisions on tutelary and curatella charges will have to be registered in the Civil Registry.

Such resolutions shall not be oponable to third parties until the appropriate entries have been made.

Art. 219. The registration of the decisions referred to in the previous article shall be carried out by virtue of the communication which the judicial authority shall send without delay to the Encharged of the Civil Registry.

Art. 220. The person who, in the exercise of a tutelary function, suffers damages, without fault on his part, shall be entitled to the compensation of these persons in charge of the goods of the tutelated, of being unable to obtain by another means his compensation.

Art. 221. Who performs a tutelary charge is prohibited:

1. To receive liberalities from the tutelate or its successors, while its management has not been definitively proven.

2. To represent the tutelated when in the same act intervenes in his own name or of a third and there exists conflict of interests.

3. To purchase goods for consideration or to transmit goods to you for the same title.

CHAPTER II

From the guardianship

SECTION 1. OF THE GUARDIANSHIP IN GENERAL

Art. 222. They will be subject to tutelage:

1. The unemancipated minors who are not under parental authority.

2. The disabled, when the sentence has been established.

3. The persons subject to the fatherland may be extended, at the end of the latter, unless the curatelle proceeds.

Art. 223. Parents may in a will or notarial public document appoint a guardian, establish supervisory bodies for the protection, and appoint persons who have to integrate them or order any other provision on the person or property of his or her minor or disabled children.

Art. 224. The provisions referred to in the foregoing Article shall bind the Judge in the form of protection, unless the benefit of the minor or incapacitated requires otherwise, in which case he shall do so by means of a reasoned decision.

Art. 225. When there are provisions in the will or notarial public document of the father and the mother, they shall be applied together, as soon as they are compatible. If they are not, they shall be adopted by the Judge, in a reasoned decision, which he considers to be most appropriate for the tutoring.

Art. 226. The provisions made in a will or notarial public document on guardianship will be ineffective if, at the time of adoption, the available has been deprived of the parental authority.

Art. 227. The person who holds goods free of charge in favour of a minor or incapacitated may lay down the rules of administration of the goods and designate the person or persons to be employed. The functions not conferred on the administrator correspond to the tutor.

Art. 228. If the Prosecutor's Office or the competent Judge has knowledge of the existence in the territory of his jurisdiction of any person who must be subject to protection, he shall ask for the first and shall have the second, even of its own motion, the constitution of the guardianship.

Art. 229. They will be obliged to promote the constitution of the guardianship, from the moment they knew the fact that the relatives called to the guardianship, the person under whose guard is found the minor or incapacitated and those mentioned in the Article 239, and if they do not do so, shall be jointly and severally liable for compensation for the damage caused.

Art. 230. Any person may bring to the attention of the Fiscal Ministry or the judicial authority the determining factor of the protection.

Art. 231. The Judge shall be the guardianship, after hearing of the next of kin, of the persons whom he considers appropriate, and, in any case, of the tutoring if he has sufficient judgment and always if he is more than twelve years old.

Art. 232. The guardianship shall be exercised under the supervision of the Judge, who shall act, ex officio, at the request of the Prosecutor's Office, or at the request of any interested party.

Art. 233. The Judge may establish, in the decision establishing the protection or other subsequent supervision, the surveillance and control measures which he considers appropriate, for the benefit of the tutelage. At any time, it may also require the guardian to report on the situation of the child or incapacitated person and the state of administration.

SECTION 2. OF THE DELATION OF THE TUTELAGE AND THE APPOINTMENT OF THE GUARDIAN

Art. 234. For the appointment of guardian you will prefer:

1. To the spouse who coexists with the minor or incapacitated.

2. To the parents.

3. To the person or persons designated by them in their last will provisions.

4. To the descendant, ascendant or brother appointed by the Judge.

Exceptionally, the Judge, in a reasoned decision, may alter the order of the preceding paragraph or dispense with all persons in the above paragraph, if the benefit of the child or the incapacitated so requires.

Art. 235. In the absence of the persons referred to in the previous Article, the Judge shall appoint a guardian to whom, for his relations with the tutelated and for the benefit of the latter, he considers it more appropriate.

Art. 236. The guardianship shall be exercised by a single guardian except:

1. Where special circumstances exist in the person of the tutor or his or her estate, it is appropriate to separate the person's guardian of the person and the property, each of which acts independently in the field of his or her competence, although decisions which concern both must be taken together.

2. Where the guardianship corresponds to the father and the mother, it shall be exercised by the two together in a manner analogous to the parental authority.

3. If any guardian of the children of his/her brother is appointed and it is considered appropriate that the spouse of the guardian also exercise the tutelage.

4. When the Judge names the persons whom the parents of the tutoring have appointed in a will or notarial public document to exercise the tutelage jointly.

Art. 237. In case of number 4. of the foregoing Article, if the testator has so expressly provided, and in the case of the number 2., if the parents so request, the Judge may, in making the appointment of guardians, decide that they may exercise the powers of the guardianship in solidarity.

Not to mediate such appointment, in all other cases, and without prejudice to the provisions of numbers 1 and 2, the powers of the guardianship entrusted to several tutors shall be exercised by them jointly, but What is done with the agreement of the greatest number. In the absence of such an agreement, the Judge, after hearing the guardians and the tutelary if he has sufficient judgment, shall, without further appeal, decide as appropriate. In the event that the disagreements are repeated and seriously hinder the exercise of the guardianship, the Judge may reorganize its functioning and even provide for a new guardian.

Art. 237 bis. If the guardians have their powers jointly attributed and there is incompatibility or opposition of interests in any of them for an act or contract, it may be carried out by the other guardian, or, if several, by the others in a joint manner.

Art. 238. In cases where for any cause ceases any of the guardians, the guardianship will subsist with the remaining ones unless in making the appointment another thing has been arranged in an express way.

Art. 239. In the case of a minor in public establishment, the guardianship may be attributed to the Director of the establishment.

Art. 240. If he/she has to appoint a guardian for several siblings, the Judge shall ensure that the appointment is placed on the same person.

Art. 241. All persons who are in the full exercise of their civil rights and in whom there are no causes of inability established in the following articles may be guardians.

Art. 242. Legal persons may also be legal persons who are not for gainful purposes and whose purposes include the protection of minors and the disabled.

Art. 243. They cannot be tutors:

1. Those who were deprived or suspended in the exercise of the fatherland authority or in whole or in part of the rights of guardian and education, by judicial resolution.

2. Those who would have been legally removed from an earlier guardianship.

3. Those sentenced to any custodial sentence, while they are serving time.

4. Those convicted of any crime that makes it a matter of course that they will not perform well the guardianship.

Art. 244. Nor can they be tutors:

1. The people in whom absolute impossibility is in fact.

2. Those who have a manifest enmity with the minor or incapacitated.

3. People of bad behavior or who have no way of living known.

4. Those who have significant conflicts of interest with the minor or incapacitated, maintain with the process or actions on the civil state or on the ownership of the goods, or those that will owe him sums of consideration.

5. The broken and the non-rehabilitated ones, except that the guardianship is only of the person.

Art. 245. Nor can they be guardians expressly excluded by the father or by the mother in his or her provisions in a probate or notarial document, unless the Judge in a reasoned decision considers otherwise for the benefit of the child or the incapacitated.

Art. 246. The causes of inability referred to in Articles 243, 4. and 244, 4. shall not apply to guardians designated in the last-will provisions of the parents when they were known to the parents at the time of the appointment, unless the Judge, in a reasoned decision, provides otherwise for the benefit of the child or of the incapacitated.

Art. 247. It will be removed from the guardianship that after deferida they will incur legal cause of inability, or they will misbehave in the fire of the guardianship, for failure of the duties proper of the office or for notorious ineptitude in their exercise.

Art. 248. The Judge, on his own initiative or at the request of the Prosecutor's Office or the person concerned, shall order the removal of the guardian, upon hearing of the guardian, if he is quoted.

Art. 249. During the proceedings of the removal proceedings, the Judge may suspend the guardian and appoint a judicial defender in his duties.

Art. 250. Legally declared the removal, the appointment of new guardian will be carried out in the form established in this Code.

Art. 251. The performance of the guardianship will be excusable when for reasons of age, illness, personal or professional occupations, due to lack of links of any kind between tutor and tutelated or for any other cause, it is excessively burdensome the exercise of the position.

Legal persons may be excused when they lack sufficient means for the proper performance of the guardianship.

Art. 252. The person concerned who claims the excuse must do so within a period of 15 days from the date on which he became aware of the appointment.

Art. 253. The guardian may be excused from continuing to exercise the guardianship, provided that there is a person with similar conditions to replace him, when during the performance of that person, any of the reasons for the excuse referred to in Article 251 above him.

Art. 254. The provisions of the foregoing Article shall not apply to the protection entrusted to legal persons.

Art. 255. If the cause of excuse is over, it can be alleged at any time.

Art. 256. As long as the excuse is resolved, the one who has proposed it will be obliged to exercise the function.

Not doing so, the Judge will appoint a defender to replace him, with the replacement being responsible for all expenses caused by the excuse if it is rejected.

Art. 257. The guardian appointed in a will who is excused from the guardianship at the time of his delation will lose what, in consideration of the appointment, has left the testator.

Art. 258. The excuse will be accepted, the appointment of a new guardian will be made.

SECTION 3. OF THE EXERCISE OF GUARDIANSHIP

Art. 259. The judicial authority shall be responsible for the appointment of the appointed guardian.

Art. 260. The Judge may require the guardian to provide the security to ensure compliance with his obligations and determine the manner and amount of the security.

Art. 261. The Judge may also, at any time and with a fair cause, leave without effect or modify in whole or in part the guarantee which would have been provided.

Art. 262. The guardian is obliged to take stock of the assets of the tutelated within the period of sixty days, to count on the person in which he took up his position.

Art. 263. The judicial authority may extend this period in a reasoned decision if it is to do so.

Art. 264. The inventory shall be formed judicially with the intervention of the Prosecutor's Office and with the summons of the persons whom the Judge deems appropriate.

Art. 265. The money, funds, precious objects and transferable securities or documents which, in the judgment of the judicial authority, are not to be held by the guardian shall be deposited in an establishment intended for this purpose.

The expenses incurred by the previous measures will be borne by the assets of the tutelary.

Art. 266. The guardian who does not include in the inventory the claims against the tutelator shall be understood as giving up his/her resignation.

Art. 267. The guardian is the representative of the minor or incapacitated, except for those acts which he or she can carry out on its own, either by express provision of the Law or the intraining sentence.

Art. 268. The guardianship must respect and obey the guardian.

The guardians may, in the exercise of their duties, seek the assistance of the authority. They may also correct the minors reasonably and moderately.

Art. 269. The guardian is obliged to ensure the tutoring and, in particular:

1. To procure food.

2. To educate the child and to provide a comprehensive training.

3. To promote the acquisition or recovery of the capacity of the tutelated and its best insertion in society.

4. To report to the Judge annually on the situation of the minor or incapacitated and to render him an annual account of his administration.

Art. 270. The sole guardian and, where appropriate, that of the property is the legal administrator of the estate of the tutelated and is obliged to exercise that administration with the diligence of a good father of the family.

Art. 271. The tutor will need court authorization:

1. To be in a tutelary in a mental health or education or special training facility.

2. To dispose or tax real estate, commercial or industrial establishments, precious objects and transferable securities of minors or disabled, or to conclude contracts or to carry out acts which are susceptible to registration. The sale of the right of preference for shares is exempted.

3. To waive rights, as well as to compromise or submit to arbitration issues in which the tutelary was interested.

4. To partition the inheritance or division of a common thing, which once practiced, will also require judicial approval.

Art. 272. You will also need the legal guardian:

1. To accept without the benefit of inventory any inheritance, or to repudiate this or the liberalities.

2. To make extraordinary expenses on the goods.

3. For the purposes of filing on behalf of the subjects to be protected except in the case of urgent or small claims.

4. To cede goods in leases subject to forcible extension.

5. To give and take money on loan.

6. For free title of goods or rights of the tutelado, except judicial authorization.

7. To assign to third parties the credits which the tutelado has against him, or to acquire for consideration the credits of third parties against the tutelado, except judicial authorization in any of the two cases.

Art. 273. Before authorizing any of the acts referred to in the preceding articles, the Judge shall hear the Prosecutor's Office, and the Court of Justice if he is more than twelve years of age or consider it appropriate, and shall seek the reports requested or considered by him. relevant.

Art. 274. The guardian has the right to pay, provided that the property of the tutelary permits it. It is for the Court to determine the amount and the way in which it is to be charged, for which it shall take account of the work to be carried out and the value and profitability of the goods, where the amount of the remuneration may not be lower than 4 per 100 or exceed 20%. per 100 of the liquid performance of the goods.

Art. 275. Only the parents, and in their last-will provisions, may establish that the guardian shall bear the fruits of the goods of the tutelated in exchange for the supply of the food, unless the Judge, in a reasoned decision, provides otherwise.

SECTION 4. OF THE EXTINCTION OF GUARDIANSHIP AND FINAL ACCOUNTABILITY

Art. 276. The guardianship is extinguished:

1. When the child is 18 years of age, unless he has previously been legally incapacitated.

2. By the adaptation of the minor tutoring.

3. Death of the person under protection.

4. By the granting to the least of the benefit of the oldest age.

Art. 277. Protection is also extinguished:

1. When the holder of the parental authority has been deprived or suspended, the holder of the latter shall recover it.

2. When the judicial decision is issued, they end the lack of training, or modify the intraining sentence under which the conservatorship is replaced.

Art. 278. The guardian shall continue in the exercise of his or her duties if the minor subject to guardianship has been incapacitated before the age of majority, in accordance with the provisions of the intraining sentence.

Art. 279. The guardian of his duties shall be required to render the reasoned general account of his administration to the judicial authority within three months, which may be extended for as long as it is necessary if it is to be fair.

The action to require the surrender of this account is prescribed at the age of five, counted from the termination of the time limit set for making it.

Art. 280. Before settling on the approval of the account, the Judge shall hear the new guardian or, where appropriate, the curator or the judicial defender, and the person who has been subject to guardianship or to his heirs.

Art. 281. The necessary expenses of the accountability, will be charged to the one who was subjected to guardianship.

Art. 282. The balance of the general account shall be of legal interest, in favour or against the guardian.

Art. 283. If the balance is in favor of the guardian, it will become legal interest since the one who was submitted to guardianship is required for payment, upon delivery of his assets.

Art. 284. If it is against the guardian, it will become legal interest from the approval of the account.

Art. 285. Judicial approval shall not prevent the exercise of the actions which may reciprocally assist the guardian and the guardian or his successors in title.

CHAPTER III

From the Curatelle

SECTION 1. GENERAL PROVISIONS

Art. 286. They are subject to curatella:

1. The emancipated whose parents die or will be prevented for the exercise of the assistance prevented by the Law.

2. Those who obtain the benefit of the greatest age.

3. The declared prodigos.

Art. 287. It is also necessary to cure it for those to whom the sentence of incapacitation or, where appropriate, the judicial resolution that modifies it in this form of protection in attention to their degree of discernment.

Art. 288. In the cases of Article 286 the curatelle shall have no other object than the intervention of the curator in the acts which the minors or prodigos cannot perform on their own.

Art. 289. The curatelle of the disabled will be the object of the curator's assistance for those acts that expressly impose the sentence that has established it.

Art. 290. If the intraining sentence has not specified the acts in which the intervention of the curator must be necessary, it is understood that this extends to the same acts in which the guardians need, according to this Code, judicial authorization.

Art. 291. The rules on appointment, inability, excuse and removal of tutors are applicable to curators.

They will not be able to be broken and unrehabilitated.

Art. 292. If the curatella had previously been under guardianship, he would serve as the curator himself who would have been his guardian, unless the judge had anything else.

Art. 293. The legal acts performed without the intervention of the curator when it is mandatory, shall be nullified at the request of the curator himself or the person subject to curatela, in accordance with Articles 1,301 and following of this Code.

SECTION 2. OF THE CURATELLA IN CASES OF PRODIGALITY

Art. 294. The spouse, descendants or ascendants who receive food from the alleged prodigal or are in a position to claim them, and the legal representatives of any of them, may request the declaration of prodigality. If the legal representatives do not ask for it, the Prosecutor's Office will do so.

Art. 295. The declaration of prodigality must be made in contradictory judgment.

Art. 296. When the defendant for prodigality does not appear in the trial, the Prosecutor's Office will represent him and, if he is a party, a defender appointed by the Judge, without prejudice to what determines the Law of Civil Procedure on the procedures in rebelling.

Art. 297. The acts of the declared prodigal prior to the demand for prodigality cannot be attacked by this cause.

Art. 298. The sentence will determine the acts that the prodigal cannot perform without the consent of the curator.

CHAPTER IV

From the judicial defender

Art. 299. A judicial defender shall be appointed to represent and protect the interests of those who are in any of the following cases:

1. Where there is a conflict of interests between the minors or the disabled and their legal representatives or the curator. In the case of joint guardianship exercised by both parents, if the conflict of interest exists only with one of them, it shall correspond to the other by law, and without the need for special appointment, to represent and to protect the minor or incapacitated.

2. In the event that, for any reason, the guardian or the curator does not perform his duties until the determining cause ceases or another person is appointed to perform the duties.

3. In all other cases provided for in this Code.

Art. 299 bis. When it is known that a person must be put under protection and as long as no judicial decision is taken to end the procedure, the Prosecutor's Office will assume its representation and defense. In such a case, where in addition to the care of the person there is to be the property, the Judge may appoint an Administrator of the same, who shall render to him accounts of his management once completed.

Art. 300. The Judge, acting on a voluntary basis, on his own initiative or at the request of the Prosecutor's Office, guardian, curator or any other person capable of appearing on trial, shall appoint a defender whom he considers to be most suitable for the position.

Art. 301. The judicial defender shall be the cause of the inability, excuses and removal of the tutors and curators.

Art. 302. The judicial defender shall have the privileges granted to him by the Judge to whom he shall be accountable for his/her term of office.

CHAPTER V

From the fact-keeper

Art. 303. Without prejudice to Articles 203 and 228, where the judicial authority is aware of the existence of a keeper, it may require him to report on the situation of the person and the goods of the child or of the suspect. (a) to be unable and to act in relation to them, and may also establish the control and surveillance measures it deems appropriate.

Art. 304. Acts carried out by the keeper of fact in the interests of the child or the suspect cannot be challenged if they are in his/her usefulness.

Art. 305. It remains without content.

Art. 306. The keeper shall in fact apply the provisions of Article 220 in respect of the guardian.

Article 2.

One.-Article 32 (2) of the Civil Code is deleted.

Two.-The Decree of 3 July 1931 is repealed.

Article 3.

Articles 307 to 313 of the Civil Code are left without content.

Article 4.

The first paragraph of Article 171 of the Civil Code shall be worded as follows:

Article 5.

Article 176 of the Civil Code will be drafted in accordance with the text of the Civil Code, which was approved by Law 11/1981 of 13 May.

ADDITIONAL DISPOSITION

In the meantime, it will not be necessary to regulate otherwise in the Law of Civil Procedure. They will be applicable to the procedure of intraining and to the declaration of prodigality the norms of the declarative judgment of a lesser amount, not the search for the transaction or the transaction is admitted. The other procedures resulting from titles IX and X of book I of the Civil Code shall be dealt with by the provisions of the Civil Procedure Act on voluntary jurisdiction.

TRANSIENT PROVISIONS

First.-The guardians appointed under the validity of the previous legislation and subject to it shall retain their position, but subject to their exercise to the provisions of this Law.

Second.-The cloths of the currently constituted prodigos will be governed in the future by what is established in this Law for the Curatela.

Third.-As soon as the penalty of civil interdiction is subsisting, the protection of those sentenced to it shall correspond to the persons who determine Articles 234 and 235 of this Code, and shall be governed by its precepts. These same rules will apply to the already firm interdictions at the time of their entry into force, continuing as a tutor who is then.

FINAL DISPOSITION

government, within six months, will send to the Congress of Deputies a bill to reform the rules that in the Civil Code itself or in other legal bodies should be modified to have the necessary agreement. with those contained in the new text of Titles IX and X of the Civil Code.

Therefore,

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

Palacio de la Zarzuela, Madrid, to 24 October 1983.-JUAN CARLOS R.-The President of the Government, Felipe González Márquez.