DON JUAN 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.

Title V of book I of the Civil Code is amended, with the articles one hundred and eight to one hundred and forty and one included in it, the wording of which will be as follows:

TITLE V

Of parenthood and parentage

CHAPTER FIRST

From parentage and its effects

Article 108. Parentage can take place by nature and by adoption. Parentage by nature can be marital and not marital. It's marriage when the father and mother are married to each other.

Marriage and non-marital affiliation, as well as full adoption, have the same effects, in accordance with the provisions of this Code.

Art. 109. The filiation determines the surnames in accordance with the provisions of the Law. The child, when he reaches the oldest age, may request that the order of his or her last name be altered.

Art. 110. The father and the mother, even though they do not have the parental authority, are obliged to look after the children and to provide them with food.

Art. 111. He shall be excluded from the fatherland power and other duties and shall not hold any rights under the Ministry of Law in respect of the son or his descendants, or in his inheritance, the parent:

1. ° When you have been convicted because of the relationships that the generation obeys, according to a firm criminal sentence.

2. ° When the filiation has been judicially determined against its opposition.

In both cases the child will not have the last name of the parent in question more than if requested by himself or his legal representative.

They will cease to effect these restrictions by determination of the legal representative of the judicially approved son, or by the will of the child himself after full capacity has been reached.

You will always be safe from the obligations to watch over your children and provide them with food.

CHAPTER II

The determination and testing of the filiation

Section first. General provisions

Art. 112. Parentage produces its effects since it takes place. Their legal determination has retroactive effect as long as the retroactivity is compatible with the nature of those and the Law does not dispute the contrary.

In any case, the acts granted, in the name of the child or incapable, by their legal representative, before the filiation has been determined, shall remain valid.

Art. 113. The filiation is credited for the registration in the Civil Registry, for the document or judgment that determines it legally, for the presumption of marriage paternity and, in the absence of the previous means, for the possession of state. For the admission of tests other than the registration, the provisions of the Civil Registry Law will be available.

The determination of a filiation will not be effective as another contradictory is proven.

Art. 114. The seats of filiation may be rectified in accordance with the Law of Civil Registry, without prejudice to the special provisions of this title on actions of impeachment.

It may also be possible to rectify at any time the seats that are contradictory to the facts that a criminal sentence has proven.

Section 2. From the determination of marriage affiliation

Art. 115. Maternal and paternal marriage shall be legally determined:

1. ° By the inscription of the birth along with that of the marriage of the parents.

2. ° By firm statement.

Art. 116. Children of the husband are presumed to be born after the marriage is held and before three hundred days after their dissolution or the legal separation or the fact of the spouses.

Art. 117. Born the child within one hundred and eighty days following the celebration of the marriage, the husband may destroy the presumption by authentic declaration to the contrary formalized within six months of the knowledge of the birth. Except in cases where the paternity has been recognised expressly or tacitly or has known the pregnancy of the woman prior to the marriage, unless, in the latter case, the authentic declaration has been made, formalised, with the consent of both, before or after the marriage, within six months of the birth of the child.

Art. 118. Even if the husband's presumption of paternity is lacking due to the legal or legal separation of the spouses, the affiliation may be registered as a marriage if the consent of both parties is present.

Art. 119. The filiation acquires the character of marriage from the date of the marriage of the parents when the parent takes place after the birth of the child, provided that the fact of the parentage is legally determined in accordance with the provisions of the in the following section.

The above paragraph will take advantage of, if any, the descendants of the deceased child.

Section 3. From the determination of non-marital affiliation

Art. 120. Non-marital affiliation shall be legally determined:

1. ° For recognition before the person in charge of the Civil Registry, in a will or in another public document.

2. ° By resolution relapse into file dealt with under Civil Registry legislation.

3. ° By firm statement.

4. " Regarding the mother, when the mother's parentage is recorded in the birth registration practiced within a period of time, in accordance with the provisions of the Civil Registry Law.

Art. 121. The recognition granted by the unable or by those who cannot marry for age reason will need for their validity judicial approval with a hearing of the Fiscal Ministry.

Art. 122. Where a parent does the recognition separately, it shall not be able to state the identity of the other person unless it is already legally determined.

Art. 123. Recognition of an older child will not produce effects without express or tacit consent.

Art. 124. The effectiveness of the recognition of the minor or incapable shall require the express consent of his legal representative or the judicial approval with hearing of the legally known Progenitor and Progenitor.

The consent or approval shall not be required if the recognition has been made in a will or within the time limit established to practice the birth registration. The registration of paternity so practiced may be suspended at the request of the mother during the year following the birth. If the parent requests confirmation of the registration, judicial approval with the Prosecutor's Office will be required.

Art. 125. Where the parents of the child or incapable of being in a straight line, legally determined to be affiliated with respect to one, may only be legally determined in respect of the other, subject to prior judicial authorization, with Tax Ministry hearing, where appropriate to the minor or unable.

Reached by this full capacity, you may, by declaration, be able to invalidate this last determination if you have not consented to it.

Art. 126. The recognition of the deceased will only take effect if he or she consents to their descendants by themselves or by their legal representatives.

CHAPTER III

Of lineage actions

Section first. General provisions

Art. 127. In the trials on filiation, the investigation of paternity and maternity will be admissible by means of all kinds of tests including biological tests.

The Judge will not admit the claim if with it a principle of proof of the facts in which it is founded is not presented.

Art. 128. For the duration of the proceedings for which the filiation is contested, the Judge shall take the appropriate protective measures concerning the person and property of the subject to which he appears as a parent.

Judicially claimed filiation, the Judge may agree to provisional food from the defendant and, where appropriate, to adapt the protective measures referred to in the preceding paragraph.

Art. 129. Actions that correspond to the child's minor or incapable child may be exercised either by his or her legal representative or by the Prosecutor's Office.

Art. 130. At the death of the actor, his heirs will be able to continue the actions already taken.

Section 2. From the claim

Art. 131. Any person with legitimate interest has action to declare the affiliation manifested by the constant state possession.

It is excepted from the assumption that the filiation is claimed to contradict another legally determined one.

Art. 132. In the absence of the corresponding state possession, the action of claim of the marriage filiation, which is imprinted, corresponds to the father, the mother or the child.

If the child dies within four years of reaching full capacity, or during the year following the discovery of the evidence in which the claim is to be found, his/her action corresponds to his/her heirs. time to be missed to complete these deadlines.

Art. 133. The non-marital filiation claim action, when the respective state possession is missing, corresponds to the child throughout his/her life.

If the child dies within four years of reaching full capacity, or during the year following the discovery of the evidence in which the claim is based, his/her action corresponds to his/her heirs for the time which I will miss. to complete these deadlines.

Art. 134. The exercise of the action of claim, in accordance with the foregoing articles, by the son or the parent, shall in any case permit the challenge of the contradictory affiliation.

A filiation may not be claimed to contradict another one determined by virtue of a statement.

Art. 135. Even if there is no direct proof of the generation or delivery, the filiation may be declared which results from the express or tacit recognition of the possession of state, the coexistence with the mother at the time of conception or other facts of which The filiation is inferred, in an analogous way.

Section 3. From impeachment

Art. 136. The husband may exercise the action of impeachment of the paternity within one year from the registration of the filiation in the Civil Registry. However, the deadline will not run as long as the husband ignores the birth.

If the husband dies before the deadline specified in the previous paragraph, the action corresponds to each heir for the time that he will miss to complete the term.

Deceased husband without knowing the birth, the year will be counted since the heir is known.

Art. 137. Paternity may be challenged by the child during the year following the registration of the filiation. If it is minor or incapable, the time limit will count from reaching the age of majority or full legal capacity.

The exercise of the action, in the interest of the child who is minor or incapacitated, also corresponds, during the year following the registration of the filiation, to the mother who has the parental authority or to the Ministry of Public Health.

If the family relationship is not in possession of a marital status, the claim may be filed at any time by the child or his or her heirs.

Art. 138. Awards which determine in accordance with the law a marriage affiliation may be challenged by a consent form in accordance with the provisions of Article 141. The challenge of parenthood by other causes will be in accordance with the rules contained in this section.

Art. 139. The woman may exercise the action of challenging her maternity by justifying the assumption of the birth or the identity of the child.

Art. 140. Where the possession of a state is lacking in family relations, parental or non-marital parentage may be challenged by those to whom it damages.

When there is a state possession, the action of impeachment shall correspond to those who appear as a son or a parent and to whom they may be affected by the affiliation in their capacity as forced heirs. The action will expire four years after the child, once the filiation has been registered, enjoys the corresponding status.

Children will have in any case action for a year after they have reached full capacity.

Art. 141. The action of impeachment of the recognition made by mistake, violence or intimidation corresponds to the one who has granted it. The action shall expire on the year of recognition or from the date of the consent, and may be exercised or continued by the heirs of that person, if he has passed away before the year.

Article 2.

Title VII of book I of the Civil Code is amended with articles one hundred and fifty-four to one hundred and seventy and one included in it, the wording of which will be as follows:

TITLE VII

From parent-subsidiary relationships

CHAPTER FIRST

General provisions

Article 154. The unemancipated children are under the authority of the father and the mother.

The parental authority shall always be exercised for the benefit of the children, in accordance with their personality, and includes the following duties and powers:

1. Vellar for them, have them in your company, feed them, educate them and provide them with comprehensive training.

2. Represent them and manage their assets.

If children have sufficient judgment, they should always be heard before making decisions that affect them.

Parents will be able in the exercise of their authority to seek the assistance of the authority. They may also reasonably and moderately correct the children.

Art. 155. Children must:

1. Obey your parents as long as they remain under their authority, and always respect them.

2. To contribute equitably, according to their possibilities, to the lifting of the burdens of the family while living with it.

Art. 156. The parental authority shall be exercised jointly by both parents or by one with the express or tacit consent of the other. The acts performed by one of them according to the social use and the circumstances or in situations of urgent need shall be valid.

In case of disagreement, either of the two will be able to go to the Judge, who, after hearing both and the son if he has sufficient judgment and, in any case, if he is greater than twelve years, will attribute without further recourse the faculty of decide the father or the mother. If the disagreements are repeated or any other cause that seriously hinders the exercise of the parental authority, it may be attributed in whole or in part to one of the parents or to distribute among them their functions. This measure shall be valid for the period to be fixed, which may not exceed two years.

In the assumptions of the preceding paragraphs, with respect to third parties in good faith, each parent shall be presumed to act in the ordinary exercise of the parental authority with the consent of the other.

By default or by absence, incapacity or impossibility of one of the parents, the parental authority shall be exercised exclusively by the other.

If the parents live apart, the parental authority will be exercised by the one with whom the child lives. However, the Judge, at the request of the other parent, may, in the interest of the child, attribute to the applicant the parental authority to exercise it jointly with the other parent or to distribute the inherent functions between the father and the mother. for your exercise.

Art. 157. The unemancipated minor shall exercise parental authority over his/her children with the assistance of their parents and, in the absence of both, their guardian, in cases of disagreement or impossibility, with that of the Judge.

Art. 158. The Judge, at the request of the child himself, of any relative or of the Prosecutor's Office, shall dictate:

1. The appropriate precautionary measures to ensure the provision of food and to provide for the future needs of the child, in the event of a failure of this duty by his or her parents.

2. The appropriate provisions in order to prevent children from harmful disturbances in cases of change in the holder of the right of guardian.

3. ° In general, any other provisions that you deem appropriate in order to remove the child from danger or to avoid harm.

Art. 159. If the parents live separately and do not decide by common agreement, the children under seven years of age shall remain in the care of the mother, unless the Judge, for special reasons, provides otherwise.

Art. 160. Deleted.

Art. 161. The father and the mother, even if they do not exercise the parental authority, have the right to relate to their minor children, except with those adopted by another in full or in accordance with the provisions of the judicial resolution.

It will not be impossible to prevent personal relationships between the son and other relatives and close associates.

In the event of opposition, the Judge, at the request of the minor or the relative or close, will resolve the circumstances.

CHAPTER II

From the legal representation of children

Art. 162. Parents who have parental authority have the legal representation of their children who are not emancipated. Excepted:

1. Acts relating to the rights of the personality or others that the child, in accordance with the Laws and with his conditions of maturity, may perform for himself.

2. ° Those where there is conflict of interest between the parents and the child.

3. The relative to goods that are excluded from the parents ' administration.

To conclude contracts that require the child to make personal benefits, the child's prior consent is required if he or she has sufficient judgment, without prejudice to the provisions of Article 156.

Art. 163. As long as the father and the mother have an opposite interest to that of their unemancipated children, they will be appointed a defender who represents them in judgment and outside of him. This appointment shall also be made where the parents have an opposite interest to that of the emancipated minor child whose capacity they are required to complete.

If the conflict of interest existed only with one parent, it corresponds to the other by Law and without special appointment to represent the child or complete his/her capacity.

At the request of the father or the mother, the child, the Prosecutor's Office or any person who is able to appear on trial, the Judge will appoint an advocate, with the powers that he points to the relative of the child to whom in his case it would be legitimate guardianship, and in the absence of it or when it had competing interests, another relative or a stranger.

CHAPTER III

Of the children's assets and their administration

Art. 164. The parents will administer the children's assets with the same diligence as their own, fulfilling the general obligations of all administrators and the special ones established in the Mortgage Law.

Except for paternal administration:

1. The goods purchased free of charge when the holder has expressly ordered it. The will of the latter on the administration of these goods and the fate of their fruits will be strictly adhered to.

2. ' Those acquired by succession in which the father, mother or both had been justly disinherited or could not have inherited because of indignity, which shall be administered by the person designated by the deceased and, in his defect and successively, by the other parent or by a specially appointed judicial administrator.

3. The children adopted in a simple manner, when the Judge who approved the adoption had agreed to do so.

4. ° Those that the eldest son of sixteen years would have acquired with his work or industry. The ordinary administrative acts will be performed by the child, who will need the consent of the parents for those who exceed it.

Art. 165. They always belong to the unemancipated son of the fruits, of their goods, as well as everything they acquire with their work or industry.

However, parents may allocate those of the child who lives with both or with one of them, in the part that corresponds to them, to the lifting of the family charges, and shall not be obliged to account for what they have done. consumed in such attentions.

To this end, the parents, to the appropriate extent, will be given the fruits of the goods that they do not administer. The fruits of the goods referred to in numbers 1, 2 and 3 of the previous article and those of those donated or left to the children specially for their education or career are excepted, but if the parents have no means, they may ask the judge to the party to be delivered to them as appropriate.

Art. 166. Parents may not waive the rights of the children to make headlines or to dispose or tax their immovable property, commercial or industrial establishments, precious objects and transferable securities, except for the right of preferential subscription to actions, but for justified reasons of utility or necessity and prior to the authorization of the Judge of the domicile, with a hearing of the Prosecutor's Office.

Parents must seek judicial authorization to repudiate the inheritance or legacy of the child or the donations offered to them. If the Judge refuses the authorization, the legacy, inheritance or donation shall be automatically understood. The acceptance of the inheritance shall in any case be understood as an inventory benefit.

A judicial authorization shall not be required if the child has served sixteen years and consents to a public document, nor to the disposal of transferable securities provided that the amount is reinvested in safe assets or securities.

Art. 167. Where the parents ' administration endangers the child's property, the Judge, at the request of the child himself, of the Prosecutor's Office or of any relative of the child, may adopt the providences which he deems necessary for the safety and security of the child. of the goods, require caution or bail for the continuation in the administration or even appoint an Administrator.

Art. 168. At the end of the fatherland, the children may be able to demand from the parents the surrender of the accounts of the administration which they exercised over their assets until then. Action to require compliance with this obligation will be prescribed at three years.

In the event of loss or deterioration of the property by intent or serious fault, the parents will respond to the damages suffered.

CHAPTER IV

From the extinction of the homeland power

Art. 169. The parental authority is just:

1. ° By death or death declaration of parents or child.

2. ° For emancipation.

3. ° By adopting the child.

Art. 170. The father or mother may be deprived in whole or in part of his or her power by sentence founded on the failure to perform the duties inherent in the same or given in criminal or marital cause.

The Courts may, for the benefit and interest of the child, agree to the recovery of the parental authority when the cause of the deprivation has ceased.

Art. 171. The fatherland power over the children who have been incapacitated by mental deficiencies or anomalies or by, deafness, will be extended by the Ministry of Law when those at the oldest age. If the oldest single child living in the company of his or her parents or of any of them is incapacitated by any of the causes indicated, the guardianship shall not be constituted, but the parental authority shall be rehabilitated, which shall be exercised by corresponds if the child is a minor. The parental authority carried over in either of these two forms shall be exercised in accordance with the provisions of the intraining resolution and in the alternative to the rules of this Title.

The parental authority extended will end:

1. ° For the death or death declaration of both parents or the child.

2. ° By adopting the child.

3. ° For failure to declare an inability to cease.

4. ° For having contracted the incapacitated marriage.

If, at the end of the parental authority extended, the state of incapacitation will remain, the guardianship will be constituted.

Third item.

Title III of book IV of the Civil Code and articles one thousand three hundred fifteen to one thousand four hundred and forty-four in it shall be written as follows:

TITLE III

From the matrimonial property regime

CHAPTER FIRST

General provisions

Article 1,315. The economic regime of the marriage shall be that which the spouses stipulate in matrimonial property, without other limitations than those laid down in this Code.

Art. 1.316. In the absence of capitulations or when they are ineffective, the regime will be that of the ganancial society.

Art. 1.317. The modification of the matrimonial property regime made during the marriage will in no way prejudice the rights already acquired by third parties.

Art. 1.318. The spouses ' property is subject to the lifting of the burden of marriage.

Where one of the spouses fails to contribute to the lifting of these charges, the Judge shall, at the request of the other, give the precautionary measures which he considers appropriate in order to ensure compliance and advances. necessary or to provide for future needs.

When a spouse lacks sufficient own property, the necessary expenses incurred in litigation against the other spouse without any bad faith or fear, or against third party if they benefit the family, will be (a) the common flow rate and, if this is not the case, the other spouse's own goods basket shall be covered when the economic position of the other spouse prevents the first, by imperative of the Law of Civil Procedure, from obtaining the benefit of justice free.

Art. 1.319. Any of the spouses may carry out the acts intended to meet the ordinary needs of the family, entrusted to their care, in accordance with the use of the place and the circumstances of the family.

Of the debts incurred in the exercise of this power they will jointly respond jointly to the common assets and those of the spouse who will contract the debt and, in the alternative, those of the other spouse.

He who has provided his own flows to the satisfaction of such needs shall have the right to be reintegrated in accordance with his matrimonial property regime.

Art. 1.320. In order to have the rights to the housing, habitual and ordinary use of the family, even if such rights belong to one of the spouses only, the consent of both or, where appropriate, judicial authorization shall be required.

The erroneous or false manifestation of the character of the dwelling shall not prejudice the acquirer in good faith.

Art. 1.321. Deceased one of the spouses, the clothes, the furniture and the goods which constitute the ajar of the common habitual dwelling of the spouses shall be delivered to the one who survives, without taking any account of them.

It shall not be understood to be understood in the ajar of the alhajas, artistic objects, historical and other of extraordinary value.

Art. 1.322. Where the law requires for an act of administration or provision that one of the spouses acts with the consent of the other, those carried out without it and which have not been expressly or tacitly confirmed may be cancelled at the request of the spouse whose consent has been omitted or from your heirs.

However, acts shall be void free of charge on commons if, in such cases, the other spouse's consent is absent.

Art. 1.323. The husband and wife may be transferred for any title, property and rights, and shall enter into each class of contracts.

Art. 1.324. In order to prove between spouses that certain goods are one of them, it will be quite the confession of the other, but such confession alone will not harm the forcible heirs of the confessional, nor the creditors, be they of the community or of each of the spouses.

CHAPTER II

Of marriage capitulations

Art. 1.325. In the case of a matrimonial property, the licensors may stipulate, amend or replace the scheme, the economic status of their marriage or any other provision by reason of the same.

Art. 1.326. Marriage certificates may be granted before or after the marriage.

Art. 1.327. For their validity, the capitulations shall be recorded in public writing.

Art. 1.328. Any stipulation contrary to the Laws or to the good customs or limitation of equal rights for each spouse shall be void.

Art. 1.329. The child who under the law may marry may be able to grant marriage certificates before or after the wedding, but he or she will need the contest and consent of his or her parents or guardian, unless he or she is limited to agreeing to the separation regime or participation.

Art. 1.330. The person who is legally incapacitated may only grant marriage certificates with the assistance of his legal representative and, where appropriate, authorized by the family council.

Art. 1.331. In order to be valid, the modification of the marriage certificates must be carried out with the assistance and assistance of the persons who have intervened as a grant if they live and the modification will affect the rights granted by such persons. people.

Art. 1.332. The existence of modified covenants of previous capitulations shall be indicated by note in the writing containing the above stipulation and the Notary shall record it in the copies it issues.

Art. 1.333. In all cases of marriage in the Civil Registry, mention shall be made, where appropriate, of the matrimonial property rights granted, as well as of the covenants, judicial revolutionies and other acts which modify the economic regime of the marriage. If those or these affect real estate, the Land Registry will be right, in the form and effects provided for in the Mortgage Law.

Art. 1.334. Anything that is stipulated in capitulations from the supposed future marriage will be without effect in the event of not contracting within a year.

Art. 1.335. The invalidity of the marriage certificates shall be governed by the general rules of the contracts. The consequences of the cancellation will not harm third parties in good faith.

CHAPTER III

From donations by reason of marriage

Art. 1.336. They are donations by reason of marriage that any person does, before they are held, in consideration to the same and in favor of one or the two husbands.

Art. 1.337. These donations are governed by the ordinary rules as soon as they are not modified by the following items.

Art. 1.338. The child who, according to the law, may marry, may also in marriage or other marriage make donations on the basis of his or her marriage, with the consent of his or her parents or the guardian. To accept them, the provisions of Title II of book III of this Code will be available.

Art. 1.339. The goods donated jointly to the spouses shall belong to both in ordinary and equal parts, unless otherwise provided by the donor.

Art. 1.340. He who shall give or promise by reason of marriage shall only be required to clean up by eviction or hidden vices if he has acted in bad faith.

Art. 1.341. By reason of marriage the future spouses may be able to donate goods present.

They may also be donated before marriage in capitulations to future goods, only in the case of death, and in the measure marked by the provisions concerning the succession tested.

Art. 1.342. Donations for marriage reason will be left without effect if it will not be contracted within one year.

Art. 1.343. These donations will be revocable for common causes, except for the survival or survival of children.

In those granted by third parties, it will be considered non-compliance with charges, in addition to any other specific ones to which the donation could have been subordinated, the annulment of the marriage for any cause, the separation and the divorce if the donor spouse is liable, according to the judgment, for the facts that caused them.

In those granted by the contrayents, it will be considered non-compliance with charges, in addition to the specific ones, the annulment of the marriage if the donor has acted in bad faith. In addition to the legal cases, the donor will be deemed to be ingratitude, the cause of separation or divorce is attributable to the recipient of the disinheritance of the article 855.

CHAPTER IV

From the ganancial society

Section first. General provisions

Art. 1.344. Through the society of ganancials, the husband and wife become common for the profits or profits obtained interchangeably by any of them, which will be attributed to them in half by the dissolution of that.

Art. 1.345. The ganancial society will start at the time of the celebration of the marriage or, later, at the time of being agreed upon in capitulations.

Section 2. Of private and common goods

Art. 1.346. They are privative to each of the spouses:

1. The goods and rights that belong to you when you start your society.

2. ° The one you acquire after free of charge.

3. ° Acquired at coast or in substitution of private property.

4. ° Acquired by right of retraction belonging to one of the spouses only.

5. The property and property rights inherent to the person and non-communicable persons inter vivos.

6. The compensation for damages inferred to the person of one of the spouses or their private property.

7. Clothes and objects of personal use that are not of extraordinary value.

8. The instruments necessary for the exercise of the profession or trade, except where they are an integral part or property of a common establishment or exploitation.

The goods referred to in paragraphs 4. ° and 8. shall not lose their character as private persons because of the fact that their purchase has been made with common funds; but in this case the company shall be the owner of the owner's spouse. for the satisfied value.

Art. 1.347. They are ganancial goods:

1. ° Those obtained by the work or industry of any of the spouses.

2. ° The fruits, incomes or interests that produce both the private and the ganancial goods.

3. Those acquired for consideration at the expense of the common flow, either the acquisition is made for the community, or for only one of the spouses.

4. The acquired by right of retraction of a ganancial character, even if they were with private funds, in which case the society will be debtor of the spouse for the satisfied value.

5. The enterprises and establishments founded during the life of the society by any one of the spouses at the expense of the commons. If the formation of the undertaking or establishment is a private capital and common capital, the provisions of Article 1.354 shall apply.

Art. 1.348. Provided that one of the spouses is deprived of an amount or credit payable in a certain number of years, the sums to be recovered shall not be earned in the instalments due during the marriage, but shall be estimated at the capital of the husband or of the woman, according to whom the credit belongs.

Art. 1.349. The right of usufruct or pension, belonging to one of the spouses, shall form part of his own property; but the fruits, pensions or interests accrued during the marriage shall be a gain.

Art. 1.350. Livestock shall be deemed to be livestock which, when the company is dissolved, exceed the number provided by each of the spouses in a private capacity.

Art. 1.351. The proceeds obtained by the husband or wife in the game or from other causes that exempt from the restitution, will belong to the ganancial society.

Art. 1.352. The new shares or other securities or social interests subscribed as a result of the ownership of other private persons will also be private. It shall also be the quantities obtained by the disposal of the right to subscribe.

If the subscription payment is used in common funds or the shares are issued against the profits, the satisfied value will be refunded.

Art. 1.353. The goods donated or left in the will to the spouses jointly and without special designation of parts, constant the society, will be understood gananciales, provided that the liberality is accepted by both and the donor or the testator otherwise.

Art. 1.354. Goods acquired by price or consideration, in part and in a private part, shall correspond to the income society and to the spouse or spouses in proportion to the value of the respective contributions.

Art. 1.355. The spouses may, by common agreement, attribute the status of ganancials to the goods they acquire for consideration during the marriage, irrespective of the origin of the price or consideration and the form and time limits in which they are satisfied.

If the acquisition is made jointly and without the allocation of quotas, its will be presumed to be in favour of the ganantial character of such goods.

Art. 1.356. The assets acquired by one of the spouses, the company constant for deferred price, shall be of a ganantial nature if the first disbursement has such a character, even if the remaining time limits are satisfied with private money. If the first disbursement has a private character, the good will be of this nature.

Art. 1.357. Goods bought in instalments by one of the spouses before the start of the company will always be of a private nature, even if the whole or part of the deferred price is met by money.

Family housing and housing are excepted, in respect of which Article 1.354 applies.

Art. 1.358. Where, in accordance with this Code, the goods are private or ganantial, irrespective of the origin of the flow with which the acquisition takes place, the value of the common flow or the value of the common flow, respectively, shall be reimbursed. by the reimbursement of the amount of the amount updated at the time of settlement.

Art. 1.359. The buildings, plantations and any other improvements to be made in the property and the private property shall have the character corresponding to the goods to which they affect, without prejudice to the reimbursement of the satisfied value.

However, if the improvement made in private assets is due to the investment of common funds or the activity of any of the spouses, the company will be accretive of the increase in the value that the goods have as the result of the improvement, at the time of the dissolution of the society or the alienation of the improved good.

Art. 1.360. The same rules of the previous article shall apply to the property increases incorporated in a holding, business establishment or other kind of undertaking.

Art. 1.361. Existing assets in marriage are presumed to be ganancial as long as they are not proven to be privately owned by the husband or wife.

Section 3. Of the burdens and obligations of the ganancial society

Art. 1.362. The costs arising from one of the following causes shall be borne by the ganancial society:

1. The maintenance of the family, the feeding and education of the common children, and the provision of accommodation to the uses and circumstances of the family.

The feeding and education of the children of only one of the spouses will be borne by the ganancial society when they live in the family home. Otherwise, the expenses arising from these concepts shall be borne by the ganancial society, but shall be reimbursed at the time of the liquidation.

2. The acquisition, tenure and enjoyment of common goods.

3. The ordinary administration of the private property of any of the spouses.

4. The regular exploitation of the business or the performance of the profession, art or craft of each spouse.

Art. 1.363. The amounts donated or promised by both spouses of common agreement shall also be borne by the company, where they have not agreed that they must be satisfied with the private property of one of them in whole or in part.

Art. 1.364. A spouse who has provided private property for the costs or payments of the company shall be entitled to be reintegrated from the value at the expense of the common heritage.

Art. 1.365. Ganancial goods will respond directly to the creditor of the debts incurred by a spouse:

1. In the exercise of domestic power or the management or disposition of ganancials, which by law or by chapter corresponds to it.

2. ° In the ordinary exercise of the profession, art or trade or in the ordinary administration of the own property.

If the husband or wife is a trader, the provisions of the Trade Code will be available.

Art. 1.366. The non-contractual obligations of a spouse, as a result of his action for the benefit of the spousal society or in the field of the administration of the goods, shall be the responsibility and charge of the spouse, except if they are due to him or her the debtor spouse's grave.

Art. 1.367. Ganancial goods shall be liable in any case to the obligations of the two spouses jointly or by one of them with the express consent of the other.

Art. 1.368. The financial assets of the obligations incurred by one of the spouses only in the event of the separation of fact to meet the costs of support, provision and education of the children in charge of the company of the ganancials.

Art. 1.369. Of the debts of a spouse who are, moreover, debts of the society will also jointly and severally respond to the assets of this.

Art. 1.370. For the deferred price of the property acquired by a spouse without the consent of the other one will always answer the acquired good, without prejudice to the responsibility of other goods according to the rules of this Code.

Art. 1.371. The lost and paid during, the marriage by one of the spouses in any kind of game will not diminish their respective share of the ganancials as long as the amount of that loss could be considered moderate according to the use and circumstances of the family.

Art. 1.372. Of the lost and not paid by any of the spouses in the games in which the law grants action to claim what is earned answer exclusively the debtor's private assets.

Art. 1.373. Coda spouse responds with his personal property of his own debts and, if his private assets are not sufficient to make them effective, the creditor may ask for the embargo of ganancial goods, which will be immediately notified to the other spouse and the latter may require that the common property be replaced by the party holding the debtor's spouse in the spousal society, in which case the embargo shall result in the dissolution of the spouse.

If the execution of common goods is performed, it shall be deemed that the debtor's spouse has received the value of those at the time when he or she pays them with other own funds or at the time of settlement of the common goods. the conjugal society.

Art. 1.374. After the dissolution referred to in the previous Article, the system of separation of goods shall apply, unless, within three months, the spouse of the debtor opts in public document for the commencement of a new ganancial society.

Section 4. From the administration of the ganancial society

Art. 1.375. In the absence of a pact on capitulations, the management and provisions of the ganancial assets are jointly with the spouses, without prejudice to the provisions of the following articles.

Art. 1.376. Where the consent of both spouses is necessary in the conduct of administrative acts, and one is prevented from providing it, or shall be refused unjustifiably, the Judge may supply the order if the petition is founded.

Art. 1.377. The consent of both spouses shall be required to carry out acts of disposition for consideration on ganancial assets.

If one is denied or prevented from doing so, the Judge may, on summary information, authorize one or more acts when he considers it to be of interest to the family. Exceptionally, you will agree to any limitations or caution you deem appropriate.

Art. 1.378. Acts shall be void free of charge if the consent of both spouses is not met. However, it may be possible for each of them to make use of the profit-making gains.

Art. 1.379. Each spouse may have a probate of half of the property.

Art. 1.380. The testamentary disposition of a ganancial good will produce all its effects if it is awarded to the estate of the testator. Otherwise, the value of the death shall be understood as a legacy.

Art. 1.381. The fruits and profits of the private wealth and the profits of any of the spouses are part of the society and are subject to the burdens and responsibilities of the ganancial society. However, each spouse, as the administrator of his or her private estate, may only have the fruits and products of his or her goods.

Art. 1.382. Each spouse may, without the consent of the other, but always with his or her knowledge, take as an advance the ganancial number which is necessary, in accordance with the uses and circumstances of the family, for the exercise of his or her profession or the ordinary administration of your goods.

Art. 1.383. Spouses should be informed on a reciprocal basis and on a regular basis about the situation and performance of any economic activity of their own.

Art. 1.384. The acts of administration of goods and of the provision of money or securities issued by the spouse to whose name they appear or in whose power they are located shall be valid.

Art. 1.385. The rights of credit, whatever their nature, shall be exercised by that of the spouses to whose name they are constituted.

Any of the spouses may exercise the defense of the common property and rights by way of action or exception.

Art. 1.386. For urgent expenses of a necessary nature, even if they are extraordinary, the consent of only one of the spouses is sufficient.

Art. 1.387. The administration and disposition of the goods of the ganancial society shall be transferred by law ministry to the spouse who is a guardian or legal representative of his consort.

Art. 1.388. The courts may confer the administration to one of the spouses only where the other person is unable to give consent or has left the family or there will be separation in fact.

Art. 1.389. The spouse in whom the administration falls under the provisions of the two preceding articles shall have for it full powers, unless the Judge, when he considers it of interest to the family, and after summary information, establishes caufabrics or limitations.

In any event, for the purpose of making available acts on buildings, commercial establishments, precious objects or transferable securities, except for the right of preferential subscription, you will need judicial authorization.

Art. 1.390. If, as a result of an act of administration or of a provision carried out by one of the spouses alone, an exclusive profit or profit is obtained for him or caused by a given to the company, he or she shall be liable for payment by his amount, even if the other spouse does not contest where the act is effective.

Art. 1.391. Where the spouse has made an act in fraud of the rights of his or her consort, it shall be, in any event, applicable to the provisions of the preceding article and, in addition, if the acquirer has acted in bad faith, the act shall be rescinded.

Section 5. From the dissolution and liquidation of the ganancial society

Art. 1.392. The ganancial society will conclude in full right:

1. ° When marriage is dissolved.

2. ° When declared null.

3. When judicially the separation of the spouses is decreed.

4. ° When spouses agree to a different economic regime in the form prevented in this Code.

Art. 1.393. The ganancial society shall also conclude by judicial decision, at the request of one of the spouses, in any of the following cases:

1. ° To have been the other judicially incapacitated spouse, declared absent or in bankruptcy or contest of creditors, or convicted of family abandonment.

In order for the Judge to agree to the dissolution, it is sufficient for the spouse who asks for it to present the corresponding judgment.

2. " To sell the other spouse by performing only devices or property management acts that involve fraud, damage or danger to the rights of the other in society.

3. Separate in fact more than one year by mutual agreement or abandonment of the home.

4. No serious and repeated failure to report on the march and performance of its economic activities.

As to the dissolution of the society by the embargo on the part of one of the spouses for their own debts, this Code will be specially provided.

Art. 1.394. The effects of the dissolution provided for in the previous Article shall be produced from the date on which it is agreed. If the result of the dissolution is followed up, the processing of the case will be initiated, the inventory will be carried out, and the judge will take the necessary measures for the administration of the flow, requiring a judicial license for all acts that exceed the ordinary administration.

Art. 1.395. Where the ganancial company dissolves for the annulment of the marriage and one of the spouses has been declared in bad faith, the other may choose to settle the matrimonial property regime in accordance with the rules of this Section or the provisions of the relating to the participation scheme, and the bad faith contractor shall not be entitled to participate in the proceeds obtained by his/her consort.

Art. 1.396. The company shall be wound up, which shall begin with an inventory of the assets and liabilities of the company.

Art. 1.397. You will have to understand the asset:

1. ° The ganancial assets existing at the time of dissolution.

2. ° The updated amount of the value that the goods had when they were alienated by illegal or fraudulent business if they had not been recovered.

3. ° The updated amount of the amounts paid by the company that are only a charge of a spouse and in general those that constitute credits of the society against this.

Art. 1.398. The liability of the company shall consist of the following items:

1. The outstanding debts in charge of the company.

2. The updated amount of the value of the private property when its refund is to be made in cash for having been spent in the interest of the company.

The same rule shall apply to the deterioration produced in such goods by their use for the benefit of society.

3. The updated amount of the amounts which, having been paid by one of the spouses only, shall be the responsibility of the company and, in general, those constituting claims of the spouses against the company.

Art. 1.399. The inventory will first be paid for the debts of the company, starting with the food that in any case, will have preference.

With respect to the others, if the inventoried flow does not reach for this, the provisions for the concurrency and the ranking of credits will be observed.

Art. 1.400. Where there is not enough cash for the payment of the debts, it may be offered for such purposes as to the award of financial assets, but if any participant or creditor so requests, they shall be entitled to pay the debts and pay them.

Art. 1.401. As long as the debts of the company have not been fully paid, the creditors shall retain their claims against the debtor's spouse. The non-debtor spouse shall be liable to the goods which have been awarded to him, if duly formulated, judicial or extrajudicial inventory.

If, as a result, you have paid one of the spouses more than you are responsible for, you may repeat against the other.

Art. 1.402. The creditors of the ganancial society will have in their liquidation the same rights as the Laws in the partition and liquidation of the inheritances.

Art. 1.403. The debts and burdens of the company shall be paid for the compensation and reimbursement due to each spouse to the extent of the amount of the inventory, making the corresponding compensation when the spouse is the debtor of the company.

Art. 1.404. Made the deductions in the inventory flow that prefixed the above articles, the remnant shall constitute the having of the ganancial society, which shall be divided by half between husband and wife or their respective heirs.

Art. 1.405. If one of the spouses is at the time of the other's personal creditor settlement, he may require that he be satisfied with his credit by awarding him common goods, unless the debtor voluntarily pays.

Art. 1.406. Each spouse shall have the right to be included with preference under his or her own, to the extent that:

1. The personal property not included in Article 1,346

2. The agricultural, commercial or industrial exploitation that would have taken with your work.

3. The place where you have been exercising your profession.

4. In case of death of the other spouse, the dwelling where the habitual residence was.

Art. 1.407. In the case of numbers 3 and 4 of the previous article, the spouse may ask, at his or her choice, that the property be attributed to the property or that a right of use or room is placed on them. If the value of the goods or the right exceeds the value of the successful spouse, he/she shall pay the difference in money.

Art. 1.408. From the mass of goods, food shall be given to the spouses or, where appropriate, to the survivor and to the children as long as the amount of the inventory is settled and until they have been handed over to them; but they shall be reduced from that part of the excess of which it would have been paid for by reason of fruits and incomes.

Art. 1.409. Whenever the settlement of ganancials of two or more marriages contracted by a single person to determine the capital of each company is to be executed simultaneously, all classes of evidence in default shall be admitted. In case of doubt, the ganancias shall be attributed to the different societies proportionally, taking into account the time of their duration and the goods and income of the respective spouses.

Art. 1.410. In all the provisions of this chapter on inventory formation, rules on the valuation and sales of goods, division of the flow, awards to members and others which are not expressly determined, it will be observed that partition and settlement of the inheritance.

CHAPTER V

From the participation regime

Art. 1.411. In the participation scheme, each spouse acquires the right to participate in the earnings obtained by his/her consort during the time when the scheme has been in force.

Art. 1.412. Each spouse is responsible for the administration, enjoyment, and free disposition of both the goods that belonged to it at the time of the marriage and the property that it can acquire after any title.

Art. 1.413. For the duration of the participation scheme, the rules relating to the separation of goods shall apply throughout the period not provided for in this Chapter.

Art. 1.414. If the married persons in the participation scheme jointly acquire some good or right, they belong to them in ordinary indiviso.

Art. 1.415. The participation scheme is extinguished in the cases prevented for the ganancial society, with the provisions of Articles 1,394 and 1,395 being applied.

Art. 1.418. The termination of the participation scheme may be requested by a spouse where the other's irregular administration seriously commits their interests.

Art. 1.417. Produced extinction will determine the earnings from the differences between the initial and final assets of each spouse.

Art. 1.418. The initial assets of each spouse shall be estimated:

1. ° For the goods and rights that belonged to you when you started the regime.

2. ° For those acquired after inheritance, donation or legacy.

Art. 1.419. The obligations of the spouse shall be deducted at the start of the scheme and, where appropriate, the succession or charges inherent in the donation or legacy, as soon as they do not exceed the assets inherited or donated.

Art. 1.420. If the liability is higher than the asset, there shall be no initial equity.

Art. 1.421. The assets constituting the initial assets shall be estimated in accordance with the state and value they have at the beginning of the scheme or, where appropriate, at the time they were acquired.

The amount of the estimate must be updated on the day the scheme has ceased.

Art. 1.422. The final assets of each spouse shall be made up of the assets and rights of the spouse at the time of termination of the scheme, with deduction of the obligations not yet met.

Art. 1.423. The value of the assets of which one of the spouses would have been entitled to a free title without the consent of his consort shall be included in the estate, unless it is free of use.

Art. 1.424. The same rule shall apply in respect of acts performed by one of the spouses in fraud of the rights of the other.

Art. 1.425. The assets constituting the final assets shall be estimated according to the state and value they have at the time of the termination of the scheme and the goods free of charge or fraudulently, in accordance with the state which they had on the day of disposal and by the value that they would have had if they had been preserved is sufficient for the day of termination.

Art. 1.426. The claims that one of the spouse has in front of the other, for any degree, even for having served or fulfilled his obligations, shall also be taken into account in the final estate of the creditor spouse and shall be deducted from the assets of the spouse. debtor.

Art. 1.427. Where the difference between the final and the initial assets of one and another spouse has a positive result, the spouse whose estate has experienced the smallest increase shall receive half of the difference between his or her own increase and that of the other spouse.

Art. 1.428. Where only one of the assets has a positive result, the right to participate shall consist of half of that increase for the non-titular spouse of that estate.

Art. 1.428. When the scheme is established, a different contribution from the one set out in the previous two articles may be agreed, but it must be equally and equally equal to both assets and to both spouses.

Art. 1.430. A non-halving participation may not be agreed if there are non-common descendants.

Art. 1.431. The credit for participation must be satisfied in money. If serious difficulties arise for the immediate payment, the Judge may grant adjournment, provided that it does not exceed three years and that the debt and his legal interests are sufficiently guaranteed.

Art. 1.432. The credit for participation may be paid by the award of specific goods, by agreement of the persons concerned or if the judge has granted it on the basis of the debtor's well-founded request.

Art. 1.433. If there is no property in the debtor's estate to make the right to participate in earnings cash, the creditor spouse may challenge the proceedings which have been made for free without his or her consent and those which have been made in fraud of their rights.

Art. 1.434. The proceedings of challenge referred to in the preceding article shall expire after two years of the expiry of the participation scheme and shall not be given against the acquirers for consideration and in good faith.

CHAPTER VI

From the separation of goods regime

Art. 1.435. There shall be between the spouses separation of goods.

1. ° When they were agreed to.

2. " Where the spouses have agreed in matrimonial property agreements that the ganancial society shall not be governed by them, without expressing the rules for their property to be governed.

3. ' Where is extinga, constant marriage, the ganancial society or the participation scheme, unless by the will of the persons concerned they are replaced by a different regime.

Art. 1.436. The demand for the separation of goods and the final judgment in which it is declared must be recorded and entered, respectively, in the Register of the Property which corresponds, if it recesses on immovable property. The final judgment will also be entered in the Civil Registry.

Art. 1.437. In the separation system, each spouse shall belong to the goods which he or she has at the initial moment of the same and which he then acquires by any title. It shall also be for the administration, enjoyment and free disposal of such goods.

Art. 1.438. The spouses will contribute to the sustainability of the burden of marriage. In the absence of an agreement they will do so proportionally to their respective economic resources. The work for the house shall be computed as a contribution to the charges and shall be entitled to obtain compensation which the Judge shall indicate, in the absence of agreement, to the extinction of the separation regime.

Art. 1.439. If one of the spouses has administered or managed property or interests of the other, it shall have the same obligations and responsibilities as a representative, but shall not be required to account for the fruits perceived and consumed, except where shows that he invested them in different attentions of the lifting of the burden of marriage.

Art. 1.440. The obligations incurred by each spouse shall be their sole responsibility.

As to the obligations incurred in the exercise of ordinary domestic power, both spouses shall be liable in the manner determined by Articles 1,319 and 1,438 of this Code.

Art. 1.441. Where it is not possible to prove to which of the spouses some good or right belongs, it will correspond to both of them by half.

Art. 1.442. Declared a spouse in bankruptcy or contest, it shall be presumed, unless proof to the contrary, for the benefit of the creditors, who were in their half, donated by him the goods acquired for consideration by the other during the year preceding the declaration or in the period for which the bankruptcy is to be retrofitted. This presumption will not govern whether the spouses are judicially or in fact separated.

Art. 1.443. The separation of property shall not be altered by the reconciliation of the spouses in the event of personal separation or by the disappearance of any other cause which has been motivated by them.

Art. 1.444. Notwithstanding the provisions of the previous article, the spouses may agree on capitulations that will govern the same rules as before the separation of goods.

They shall record in the capitulations the goods which each one brings again and shall be considered to be private, even if, in whole or in part, they have been of a ganantial character before the liquidation practiced by reason of the separation.

Article 4.

The articles of the Civil Code that are inserted below are written in the form that is expressed.

Article 142. It is understood by food all that is indispensable for sustenance, room, dress and assistance.

Food also includes the education and instruction of the feeder as long as he is a minor and even later when he has not completed his training because he is not responsible for it.

The costs of pregnancy and childbirth will be included, as soon as they are not otherwise covered.

Art. 143. They are mutually bound to give themselves food throughout the extension that points to the preceding article:

1. ° Spouses.

2. ° The ascendants and descendants.

Siblings are only required for life, when they need them for any cause that is not imputable to the feeder, and will be extended if necessary to those who need to be educated.

Art. 144. The food claim, where applicable, and two or more of which are required to be provided, shall be made in the following order:

1. The spouse.

2. ° To the nearest-grade descendants.

3. The ascending, also the nearest degree.

4. ° To the brothers, but the last ones are the ones that are only uterine or consanguineos.

Among the descendants and ascendants shall be regulated by the order in which they are called to the legitimate succession of the person who is entitled to the food.

Art. 148. The amount of food will be provided to the flow or means of who gives them and to the needs of those who receive them.

Art. 178. They correspond to the adopted child with the same rights and obligations as children by nature.

The adoption causes kinship between the adopter, the adopted, their descendants, and the adopter's family.

The adoption, gives the adopter the parental authority over the adopted minor. When a spouse takes the child from another country, the child shall be entitled to both.

Extinguishing the parental authority of the adopter or adopters shall apply in their case the rules of the guardianship, excluding from the legal appeals to the relatives by nature.

Art. 177. Adoption is irrevocable.

The determination of the parentage that corresponds to the adopted nature does not affect the adoption.

May be judicially ordered to declare the adoption extinguished:

1. The adopted one, within two years of the age of the majority or the date on which the incapacity has disappeared, provided that it is founded on one of the causes that give rise to the disinheritance of the ascendants.

2. ° The father or mother, within two years of the adoption, only in the event that he has not intervened in the file of adoption, or given consent, if they prove that he was for cause not imputable to them.

3. The Fiscal Ministry, provided that serious reasons for the care of the adopted minor or incapacitated come to their knowledge.

The extinction of adoption will not reach the previously produced heritage effects.

Art. 179. The adopted son or his descendants occupy in the succession of the adopter the same position as the other children or descendants. Adopters will occupy the position of the ascendants in the succession of the adopted son and his descendants.

Relatives by nature shall not hold rights to the Ministry of Law in the inheritance of the adopted, without prejudice to the provisions of Article 812.

Art. 184. Except for a serious reason to be appreciated by the Judge, it is the representation of the declared absent, the inquiry of his person, the protection and administration of his assets and the fulfilment of his obligations:

1. ° To spouse present older not legally separated or in fact.

2. ° To the oldest child; if there were several, the ones who lived with the absent and the oldest would be preferred.

3. ° The nearest parent of the least age of one line or another.

4. ° To older siblings who have become familiarly with the absent, with the greatest preference over the minor.

In the absence of the persons expressed, it is in all its extension to the person solvent of good antecedents that the Judge, heard the Fiscal Ministry, designates to his prudent arbitration.

Art. 189. The spouse of the absentee shall be entitled to the separation of goods.

Art. 206. Both the parent and the parent can appoint guardian and guardian for their minor children and for the disabled.

In any case, the person to whom the guardian or guardian is appointed must not be subject to the authority of another.

Art. 211. The legitimate guardianship of the unemancipated minors corresponds solely to:

1. ° To the least-aged grandfather.

2. ° To the greater of the siblings who live or have lived with the subject to guardianship.

Art. 220. The guardianship of the crazy and deafomudos corresponds:

1. The spouse not legally separated or in fact.

2. ° To the father and the mother, with preference to both agree and in another case, to which the Judge points out, which will take into account the interest of the incapacitated and the affective relationship of the same with each of its parents.

3. Children with preference of the one who coexists with the incapacitated and the eldest on the child.

4. ° To the persons referred to in Article 211.

Art. 227. The guardianship of the prodigos corresponds:

1. ° To the father and mother, with preference to both agree and, in another case, to which the Judge points out.

2. ° To the least-aged grandfather.

3. ° To the greatest of the emancipated children.

Art. 229. This guardianship shall be limited to the administration of the goods and the representation in the judgment of the penalty.

The guardian of the penalty is also obliged to take care of the person and property of the minors or incapacitated under the authority of the subject to interdiction, until they are provided with another guardian.

Art. 302. The Family Council for non-marital children shall be constituted under the same rules as that of the matrimonial children, but by appointing Vocals to the relatives of the legally known father or mother.

If the affiliation is not determined, the Council will be formed with the District Attorney, who will be President, and four honored neighbors.

Art. 314. Emancipation takes place:

1. ° For the oldest age.

2. ° By the child's marriage.

3. ° By concession of those exercising parental authority.

4. ° By judicial grant.

Art. 315. The oldest age begins at eighteen years of age.

For the computation of the years of the age majority will be included complete on the day of birth.

Art. 316. Marriage produces the right of emancipation.

Art. 317. In order for the emancipation to take place by granting those who exercise parental authority, the child is required to be sixteen years old and to consent to it. This emancipation shall be granted by public deed or by appearance before the Judge in charge of the Registry.

Art. 318. The granting of emancipation must be registered in the Civil Registry, not producing any effects against third parties.

Granted emancipation may not be revoked.

Art. 319. It will be repudiated for all the effects as emancipated to the oldest son of sixteen years that with the consent of the parents will live independently of these. Parents may revoke this consent.

Art. 320. The Judge may grant the emancipation of children over the age of 16 if they are asked to do so and after hearing the parents:

1. When the person exercises the parental authority, he or she will be married or live with a person other than the other parent.

2. ° When parents are living apart.

3. When any cause seriously hinders the exercise of the parental authority.

Art. 321. The Judge may also, after a report of the Family Council, grant the benefit of the greatest age to the subject to a guardianship of more than sixteen years.

Art. 322. The oldest is capable of all acts of civil life, except for exceptions established in special cases by this Code.

Art. 323. Emancipation enables the child to govern his or her person and goods as if he were older; but until he reaches the age of age he will not be able to make money on loan, tax or dispose of real estate and commercial or industrial establishments or objects of extraordinary value without the consent of their parents and, in the absence of both, without that of their guardian.

The emancipated minor will be able to stand trial alone.

The provisions of this article also apply to the child who has been judicially obtained the benefit of the oldest age.

Art. 324. In order for the married minor to be able to dispose or tax real estate, commercial establishments or objects of extraordinary value that are common, it is sufficient if the other spouse is greater, the consent of the two; if it is also smaller, you will need, in addition, the parent or guardian of one and the other.

Art. 492. The provision contained in the second paragraph of the preceding article is not applicable to the seller or donor who has reserved the usufruct of the goods sold or donated to the parents of the goods of the children, or to the spouse survivor in respect of the legal fee, if they do not contract the parents or the subsequent marriage spouse.

Art. 644. Any donation between the living, made by person who has no children or descendants, shall be revocable for the mere occurrence of any of the following:

1. ° The donor has, after donation, children, even if they are posthumous.

2. What is the living of the donor's son who is reputed dead when he made the donation.

Art. 646. The action of revocation by supervenience or survival of children prescribes for the course of five years, counted since the news of the birth of the last child or of the existence of which was believed dead.

This action is unrenountable and is transmitted, by death of the donor, to the children and their descendants.

Art. 741. The recognition of a child does not lose its legal force even if the will in which it was made is revoked or does not contain any other provisions, provisions, or the others it contains.

Art. 761. If the person excluded from the inheritance by incapacity is a son or a descendant of the toaster and has children or descendants, they shall acquire his or her right to the legitimate.

Art. 807. They are forced heirs:

1. Children and descendants with respect to their parents and ascendants.

2. A lack of the above, parents and ascendants regarding their children and descendants.

3. ° The widower or widow in the form and measure that this Code establishes,

Art. 806. They constitute the legitimate of the children and descendants of the two thirds of the hereditary of the father and the mother.

However, they may have a part of the two that sign the legitimate one, to apply it as an improvement to their children or descendants.

The remaining third party will be freely available.

Art. 814. The preterition of a forced heir does not harm the legitimate. It will reduce the institution of heir before the legacies, improvements and other testamentary dispositions.

However, unintentional preterition of children or descendants will produce the following effects:

1. ° If preterids are all, the testamentary provisions of patrimonial content will be nullified.

2. In another case, the institution of heirs shall be cancelled, but the mandas and improvements ordered by any title shall be valid, as soon as they are non-officious. However, the institution of the heir in favour of the spouse will only cancel as soon as it damages the legitimate ones.

The descendants of another descendant who have not been preterido represent the offspring in the ascendant's inheritance and are not considered preterids.

If the forced heirs die before the testator, the will will have all its effects.

Unless legitimate will have preference in any case as ordered by the testator.

Art. 823. The father or mother may provide for improvement in favour of some or some of their children or their descendants, whether by nature or by their full adoption, of one of the two third parties to be legitimate.

Art. 831. By way of derogation from the foregoing Article, it may be ordered in a probate or in a matrimonial property that the granting spouse may die, may the widower or widow who has not made new marriage distribute, to his/her discretion, the the assets of the deceased and improve their common children, without prejudice to the legitimate interests and the improvements and other provisions of the deceased.

If no deadline has been set, the widower or widow shall have one year, counted from the opening of the succession, or, where appropriate, from the emancipation of the last of the common children.

Art. 833. The enhanced child or child will be able to give up the inheritance and accept the improvement.

Art. 836. Deleted.

Art. 837. There are no descendants, but if ascending, the surviving spouse will be entitled to the usufruct of half the inheritance.

The same extension will have the usufruct when the only forced heirs who compete with the widower or widow are children only of their consort conceived constant the marriage of both. The quota, usufrutaria will fall in this case on the third improvement, taxing the rest the third of free disposition.

Art. 840. Where the spouse is in the case provided for in the second paragraph of Article 837, the spouse may require that the person who is in serious condition that the children receive the child is satisfied at the choice of the children, giving him a capital in money or a lot of goods. Hereditary.

Art. 841. The testator, or the counter-party expressly authorized by that person, may award all or part of the hereditary property to any of the children or descendants by ordering the hereditary portion of the other persons to be paid in cash legitimists.

It will also be up to the cash payment faculty in the same assumption of the paragraph above to the dative party counter as referred to in Article 1,057 of the Civil Code.

Art. 842. By way of derogation from the foregoing Article, any of the children or descendants who are obliged to pay in cash the hereditary quota of their brothers may require that the said quota be satisfied in the property of the estate, and must be observed in such a way. case, as prescribed by Articles 1,058 to 1,063 of this Code.

Art. 843. Unless expressly confirmed by all children or descendants of the partition referred to in the above two articles, it shall require judicial approval.

Art. 844. The cash payment decision shall not have an effect if the recipients are not notified within one year of the opening of the succession. The payment shall be made within another year, unless otherwise agreed. The amount of legal guarantees established for the amount of the amount of the amount shall be paid to the recipient.

Elapsed time without payment has taken place, the power conferred on the children or descendants by the testator or the counter-party shall expire and the inheritance shall be distributed according to the general provisions on the partition.

Art. 845. The option of dealing with the above articles will not affect the specific legacies.

Art. 846. It will also not affect the party's partisan provisions noted in particular things.

Art. 847. In order to fix the sum to be paid to the children or descendants, the value of the goods shall be treated at the time of the payment of the corresponding portion, taking into account the fruits or incomes until then produced. From the settlement, the cash credit will become the legal interest.

Art. 857. The children or descendants of the disinherited will occupy their place and retain the rights of the forced heirs in respect of the legitimate one.

Art. 913. In the absence of testamentary heirs, the law will defend the relatives of the deceased, widower or widow and the State.

Art. 931. Children and their descendants succeed their parents and other ascendants without distinction of sex, age or affiliation.

Art. 935. In the absence of children and descendants of the deceased they will inherit their ascendants.

Art. 936. The parent and the parent will inherit equal parts.

Art. 937. In the event that only one parent survives, it will happen to the child in all its inheritance.

Art. 938. In the absence of father and mother, the nearest ascendants to the degree will happen.

Art. 939. If there are a number of ascendants of the same degree belonging to the same line, they will divide the inheritance by heads.

Art. 940. If the ascendants are of different lines, but of the same degree, half will correspond to the paternal ascendants and the other half to the maternal ones.

Art. 941. In each line the division will be done by heads.

Art. 942. The provisions of this Section are without prejudice to the provisions of Articles 811 and 812, which apply to the succession of the estate and to the testamentary estate.

Art. 943. In the absence of the persons in the two Sections preceding, they shall inherit the spouse and the collateral relatives in the order set out in the following Articles.

Art. 944. In the absence of ascendants and descendants, and before the collateral, it will happen in all the assets of the deceased the surviving spouse.

Art. 945. The appeal referred to in the previous article shall not take place if the spouse is separated by a final judgment, or in fact separated by a mutual agreement which states the case.

Art. 946. Brothers and sons of brothers happen with preference to other collateral.

Art. 952. Deleted.

Art. 953. Deleted.

Art. 954. There being no surviving spouse, no brothers or sons of brothers, the other relatives of the same in line with collateral until the fourth grade, beyond, from which the right to inherit abbate does not extend, will happen in the inheritance of the deceased.

Art. 962. The omission of these measures is not sufficient in itself to prove the assumption of childbirth or the lack of viability of the child.

Art. 971. The reservation will also cease if the father or mother who contracted second marriage does not have children or descendants of the former.

Art. 973. If the father or mother has not used, in whole or in part, the faculty granted to him by the previous article, the children and descendants of the first marriage shall be in the goods subject to reservation, in accordance with the rules prescribed for the succession. In descending line, although by virtue of will they have inherited the dead spouse or they have repudiated their inheritance.

The child disinherited by the parent or the mother will lose all right to the reservation, but if you have children or descendants, you will be in accordance with the provisions of Article 857 and Article 184

Art. 975. The disposal of immovable property which is subject to reserve has been made by the widower or widow after the second marriage in the case only if at death there are no children or descendants of the former, without prejudice to the provisions of the Mortgage Law.

Art. 980. The obligation to reserve imposed in the previous articles shall also apply:

1. ° To the widower who during the marriage has had or in a state of widowhood has a non-marital child.

2. ° To the widower who fully adopts another person. It is excepted that the adoptee is the son of the consort of those who are the ones who would be reserved.

This obligation to reserve shall take effect, respectively, from the birth or adoption of the child.

Art. 1.045. The same donated things must not be brought to colation and partition, but their value at the time when the hereditary goods are assessed.

The post-donation increase or physical deterioration and even your total, casual or guilty loss will be in charge and risk or benefit of the donor.

Art. 1.057. The testator may entrust by act "inter vivos" or "mortis causa" for after his death the simple ability to make the partition to any person who is not one of the cohereners.

No will, contador-partidor in the appointed or vacant position, the Judge, at the request of heirs and bequeers representing, at least, 50 per 100 of having hereditary, and with summons from other interested parties, if their If you are known, you will be able to appoint a dative counter-party, according to the rules that the Law of Civil Procedure establishes for the designation of Peritos. The partition thus performed will require judicial approval, except confirmation, expressed by all the heirs and legatees.

The provisions of this article and the previous article will be observed even if there are some of the coherers of a minor age or subject to guardianship; but in this case the Commissioner will have to invent the assets of the estate, with the summons of the cohereners, creditors and legal persons.

Art. 1.060. Where minors or disabled persons are legally represented in the partition, the intervention or judicial approval shall not be necessary.

Art. 1.458. The husband and wife may sell goods reciprocally.

Art. 1.810. In order to compromise on the goods and rights of the children under the parental authority, the same rules will apply to them.

Art. 1.811. The guardian cannot compromise on the rights of the person in custody, but in the manner prescribed in this Code.

Article 5.

They are modified in the paragraphs that are required by the following items:

Art. 148. A further paragraph is added to this article, which reads as follows:

"The Judge, at the request of the feeder or the Prosecutor's Office, shall, as a matter of urgency, order the appropriate precautionary measures to ensure advances made by a public entity or other person and to provide for future needs."

Art. 172. Paragraph 4. °, and worded as follows the third paragraph of paragraph 5, is deleted:

"One of the spouses, without the consent of the other, except as provided in the first paragraph of Article 178."

Art. 173. The last paragraph is worded as follows:

"The Judge, even if all the necessary requirements for adoption are met, will always value his/her convenience for the adoptee, in accordance with the circumstances of each case and, especially, if the adopter has children."

Art. 174. Paragraph (b), paragraph 2., shall be worded as follows:

" In one and another case, for the assessment of abandonment, it shall be sufficient for thirty days to continue without the mother, father, guardian or other family members of the child being interested in him in an effective manner, by means of acts which demonstrate their willingness to assist. The mere request for news does not interrupt the term alone. "

Art. 178. The first paragraph is worded as follows:

"May only be fully adopted: Spouses who live together and come from consund; the legally separated spouse; persons in the states of widower, sole or divorce, and one of the spouses, to the child of their consort."

Art. 180. Paragraph 1. of this Article shall be worded as follows:

" Simple adoption does not require other requirements which are generally prevented in the first section of this Chapter. In respect of the legally separated spouse, the provisions of paragraph 1. of Article 178 shall apply. "

The third paragraph is replaced by the following:

" Adopted and adopted lack among themselves legitimate rights and their presence has no influence on the determination of the legitimate outsiders.

In the case of the succession, the adopted son or his descendants and the adopter are called immediately after the widowed spouse, with the exclusion of the collateral. If appropriate, the adopted child or his or her descendants exclude the adopter or adopters. "

Art. 225. Paragraph 2. is worded as follows:

" The spouse of the declared prodigal will administer:

1. The goods of the common children.

2. ° Gannial goods.

3. Those administered by the prodigal who by capitulations or public writing were especially affected to the lifting of the burdens of marriage. To dispose of these goods, you will need judicial authorization. "

Art. 692. The first paragraph is worded as follows:

" For the purposes of the measures referred to in the preceding article, the surviving spouse, if any, the decendients and the ancestors of the testator and, in the absence of one and the other, shall be quoted as soon as possible. others, the brothers. "

Art. 818. Paragraph 2. ° shall be worded as follows:

"The liquid value of hereditary goods will be added to the collation of donations."

Art. 853. Paragraph 1. is worded as follows:

"It shall also be fair causes to disinherit children and descendants, in addition to those referred to in Article 758 with numbers 2, 3, 5 and 6, the following."

Art. 854. Paragraph 1. is worded as follows:

"It shall be fair causes to disinherit parents and ascendants, in addition to those referred to in Article 758 with numbers 1, 2, 3, 5 and 8, the following."

The first cause will refer to article 170.

Art. 978. The number 1 is as follows:

" 1. The restitution of the non-alienated movable property in the state which has the time of death. "

Art. 1.280. The number 3 of this Article is worded as follows:

"3. Marriage capitulations and their modifications."

Art. 1.903. Paragraph 2. of this Article shall be worded as follows:

"Parents are responsible for the damage caused by children under their guard."

Article 6.

Articles 834 to 840, 841 to 847, 935 to 942, 943 to 955 and 956 to 958 shall be preceded, respectively, of the following headings: " Section 7. Rights of widowed spouse. Section 8. Payment of the hereditary portion in special cases "," Section 2. From the ascending straight line "," Section 3. Of the succession of the spouse and the collateral and the fourth section. Of the succession of the State. "

Title XI of the book first changes the rubric by the following: Of the greatest age and of emancipation. " The division into chapters and their headings is deleted in the division.

TRANSIENT PROVISIONS

First.

The affiliation of the persons, as well as the effects to be produced from the entry into force of this Law, shall be governed by it regardless of the date of birth and the time when the filiation has remained legally determined.

Second.

Children entitled to grant will have the same inheritance and food rights as those established in this Law for children whose affiliation is not marital.

Third.

The actions concerning parentage born in accordance with the previous legislation will last the time I point out this legislation, unless the new one has a longer term.

Fourth.

Except as provided in the foregoing provision, where the child was born prior to the entry into force of this Law and at this time shall not be in the family relations of the possession of a child's status in respect of the child. the mother's husband may challenge his paternity within the first year of the new Law.

Fifth.

The recognition of a child who, according to the previous legislation, has the condition of non-natural illegitimate, will determine his affiliation with the effects attributed to him by this Law, provided that the requirements are already met which it requires.

Sixth.

Firm sentences on parentage will not prevent the action from being brought back on evidence or facts only provided for by the new legislation.

Seventh.

The filiation actions shall be governed exclusively by the previous legislation when the parent questioned or the child has passed away upon entry into force of this Law.

Eighth.

Successions open before this Law enters into force will be governed by the previous legislation and those opened later by the new legislation.

Ninth.

The attribution of the parental authority and its exercise shall be governed by this Law, from its entry into force, whatever the date of the child's birth.

10th.

As long as the Civil Procedure Act is not amended, the rules of the Voluntary Jurisdiction shall apply to the following actions:

First. To grant the judicial authorizations provided for in this Law.

Second. To resolve disputes arising in the exercise of parental authority and in the personal and property relations of spouses when, by their very nature, they require urgent resolution.

In the given procedure, the resources will, in any case, be allowed in one effect.

The exercise of the corresponding actions in the ordinary court will always remain safe.

11th.

The tutelary bodies already constituted shall not be modified by the provisions of this Law, but the subsequent alterations shall be in accordance with the provisions of this Law.

FINAL DISPOSITION

The Government, within six months, will have the creation and implementation of the number of the Court of First Instance necessary in the capitals in which the civil jurisdiction of the criminal court is separated, which by its population and number of actions relating to the right of family so require, who will know exclusively, by way of distribution, of the legal proceedings provided for in Title VII of book I of the Civil Code.

Therefore,

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

Palacio Real, de Madrid, a thirteen of May of a thousand nine hundred and eighty-one.

JOHN CARLOS R.

The President of the Government,

LEOPOLD CALVO-SOTELO AND BUSTELO