Law fourteen/thousand nine hundred and seventy-five, of two of May, has led to important reforms of the Civil Code in matters of nationality. The new criteria inevitably lead to the need to amend, or delete, the provisions of the Civil Registry Regulation based on the repealed rules. It has also been estimated that the new option for Spanish nationality, introduced by Article 21 of the Code in favour of the foreign spouse who has married Spanish, has been considered essential. In the field of civil neighbourliness, without being able to anticipate solutions to all the questions that may arise from the new rules of the preliminary title of the Civil Code, it has seemed convenient already, following the principle of equivalence between the civil common and foral, to give the maximum extent to the expression "nationality file" used by Article fifteen-one of the Code.

Together with these basic aspects of the reform, it has been judged appropriate to extend it to some other diverse extremes. Thus the adequacy of the provisions of the Regulation on the adoption to the content of Law seven/thousand nine hundred and seventy, of four of July, amending also of the Civil Code; greater agility in the processing of certain files of the Civil Registry; flexibility in the organization of the Central Civil Registry, whose work volume increases day by day; the clearest delimitation of the shared competence between this Registry and the Consular; and the incorporation of the rules, duly updated, on the abolition of legalisation in certification, contained in the Decree three hundred two/thousand nine hundred and seventy-two, of ten February, which is subsequently repealed.

Because of its social importance-and in addition to eliminating the discrimination of regional own names, according to the current article fifty-four of the Civil Registry Law, in its wording by Law seventeen/thousand nine hundred Seventy-seven, of four of January, deserves to be highlighted an interesting subject of reform, which is the deletion in the file on the civil marriage of baptized, of the requirement of the communication of the abandonment of the Catholic religion to the parish priest of the address. It has been estimated, in fact, that this requirement, not imposed, strictly, by the Law of Religious Freedom, nor less on the occasion of civil or canonical marriage, involves a certain form of coercion on the conscience of the contrayents and, therefore, not must be maintained in the light of the principles that inform the current social reality.

In its virtue, in accordance with the Council of State, on the proposal of the Minister of Justice and after deliberation of the Council of Ministers at its meeting of the day one of December of a thousand nine hundred and seventy-seven.

dlSPONGO:

Article first.

The following articles of the Regulation of the Civil Registry, approved by Decree of fourteen of November of a thousand nine hundred and fifty-eight and reformed by Decree of twenty-two of May of a thousand nine hundred and sixty-nine, remain Written in the form that is expressed:

" Article 1. º

Civil Registry bodies shall communicate directly to each other on their own initiative.

The communication between the Consular Records and those located in Spain will be processed through the Ministry of Foreign Affairs. "

" Art. 7. º

In petitions that promote a file or require special legitimization, the identity of the petitioner must be made clear by the Encharged, Secretary or Officer, unless the latter's signature has been authenticated or appear by the Courts Attorney.

The identity of the witnesses must be stated in any case.

Individuals or witnesses who are not known may be identified by two witnesses of knowledge or by an official identification document.

When identification is required, the identification shall be expressed by diligence in separate minutes or in the seat body itself. "

" Art. 16.

In the actions and files, the rules of voluntary jurisdiction are applicable. "

" Art. 22.

However, they do not require court authorization to obtain certification:

1. ° To the ends referred to in the first number of the previous article, the registered one or his ascendants, descendants to heirs.

2. º. Regarding full adoption, adopter or adopter of age, and with respect to the simple, in addition, the heirs, ascendants and descendants of one and the other.

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

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

5. ° Regarding the legwork of abortions, parents.

Nor do they require judicial authorization which the persons referred to above and those who have been taken over by those or them have under their custody. Even if the written proxy or the keeper does not feature, the Charged Officer may be able to estimate them.

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

" Art. 27.

The certifications will consist of:

1. The Registry, with indication in the municipalities, of the term and province, and in the Consular, of the population and the State.

2. º The identity mentions of the enrolled that appear in the main enrollment.

3. The page and take the seat, or the corresponding sheet and file.

4. The other required circumstances.

5. The date, the name and signature of the Encharged or the Secretary who certifies, and the stamp of the office.

The seat defects or lagoons shall be marked in characters highlighted by the underscore or different color or type of letter. "

" Art. 31.

Certifications do not require legalization to have their effects before any organ, without prejudice to the steps of verification that it deems appropriate to carry out in the event of an established doubt. "

" Art. 36.

The Family Book opens with the certification of non-secret marriage, and contains successive leaves to certify the registered indications on the economic regime of the conjugal society, the birth of the children (a) the right to a marriage, to those entitled by the bond and to those adopted jointly by the two contracting parties, to the death of the spouses and to the invalidity or separation of marriage. The birth of the children of any of the spouses in former marriage and of the natural or adopted spouses of one of the spouses may also be certified.

In the Book of Filiation the birth of the other adopted children and of the natural children, as well as the marriage or death of the holder of the parental authority, is certified.

IguaImind is established with the value of certification, in both Books, any event that affects the parental authority and the death of the children, which occurred before the emancipation.

The nods-certifications are in extract, no transcript of notes, and the birth ones comprise the filiation. They can be rectified under subsequent-certification.

The provisions of Article 21 are governed by full adoption. "

" Art. 38.

The delivery of the Family Book, whatever the time it takes place, shall be recorded, if any, in the civil act of the canonical marriage and always on the margin gives the corresponding registration; that of the each of the birth inscriptions of the children.

The husband or holder of the parental authority will always have the corresponding Book. If you lose or deteriorate, you will get from the same Register a duplicate in which the appropriate certifications will be extended. In the duplicate it shall be expressed as replacing the primitive, and the issue shall be taken in the same way as in the first instalment. '

" Art. 45.

The Directorate-General may authorise, where the service requires it, the opening of several volumes of the Daily Book, as well as, by surnames, the volumes which may be simultaneously in each of the Sections of a Register open. "

" Art. 46.

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

In its virtue, it shall extend the inscriptions within the period of birth of children in marriage, the ordinary of death, the ones of canonical marriage by ordinary civil act or ecclesiastical certification and the notes Margins other than rectification or cancellation.

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

In any case, you will fulfill how many tasks you received from the Encharge of the Registry.

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

" Art. 52.

The Central Registry, in its aspect of administrative service, will depend directly on the Directorate General and will be in charge of one or more officials of this Center or the District Judge Body, assigned by the Minister. on a proposal from the Directorate. Under the same conditions, and in order to serve this Registry, they may be attached, in addition to Civil Administration officials, others from the Administration of Justice.

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

" Art. 66.

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

The question of the nationality of the subject is not an obstacle to the registration of the event. Neither is not being enrolled in the Consulate.

They will also consist of the events in the course of a voyage aboard Spanish ships. "

" Art. 68.

Births, marriages and deaths will be entered in the Municipal Register or Consular of the place where they occur, whatever the address of the affected, the incardination of the parish or the place of burial.

When a Consular Register is competent, if the sponsor is domiciled in Spain, registration must be performed before the Central Register, and then, by transfer, in the corresponding Consular. "

" Art. 118.

Consular and Central Records shall be transmitted to each other, through the Ministry of Foreign Affairs, in the first ten of each month, the duplicates of the previous month and the literal parts of the marginal seats extended at this time, acknowledging receipt of receipts.

Any that are the defects of the seats, the duplicates will be incorporated and the marginal ones transcribed, provided there are no reasonable doubts of their coincidence with those of the Sender Registry.

The duplicates may be extended by means of a photograph or similar procedure, the sender must be careful to make the impression indelible and of Ietra clearly legible and its size coincides with that of the foles of the books of entries. In any case, the signatures required in the inscriptions must be original in the duplicates, and of understanding these more than one folio, stamps on each of them his signature the Encharged. "

" Art. 166.

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

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

" Art. 169.

Enrollment, when the municipal term and date of birth are ignored, only proceeds by virtue of a file that, necessarily, in the absence of other evidence, will establish the day, month and year of the birth, according to the apparent age, according to medical report, and the term, by the first known of the born. For those over a year, it will be sufficient to establish, if there are no other tests or rational indications, the year of delivery. In the case of houses of former dressings, the information provided by the Chief's office is sufficient as evidence, which, in its day, will be communicated to the register, with an indication of the volume and page.

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

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

2. Special conformation of the individual.

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

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

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

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

" Art. 175.

In the filiation inscriptions shall consist of the particulars of the identity of the father or mother, being recorded in the adoption, if it is full or simple. "

" Art. 186.

The recognition cannot be entered without the consent of the child or the required court approval. If judicial approval is lacking, the Registry Officer shall forward the public document, with the relevant application, to the competent Judge to grant it.

It does not require judicial approval of the recognition in a will or in the birth registration, nor the one made within the time limit set for practice; by virtue of declaration, this inscription, even if it had already been extended. In such cases, notification of the seat of recognition of the minor to the other parent or the legal representative of the registered person shall be made, and if this representative is not known, to the Fiscal Ministry, if the registered person is deceased, they shall be notified of their heirs. Such notifications shall be made in accordance with the provisions laid down in the first and third subparagraphs of Article 182. '

" Art. 192.

You cannot impose more than two simple names, which will be joined by a hyphen, or a compound.

Foreign names are allowed. If they have the usual translation into any of the Spanish languages, they shall be entered in the version of the name of the Spanish language.

These are the names that are forbidden by extravagant ones, which in itself or in combination with the surnames are contrary to the decorum of the person.

Any name that makes the designation confusing or misleading about sex is also prohibited. "

" Art. 193.

The Chargé shall record in the birth registration the name imposed by the father or mother or, in the last term, by a relative called by the Law to the guardianship.

Not manifesting the declarant the name, the Encharged will require the imposition of such persons if they reside in the term or demarcation of the Registry. After three days, birth registration will be carried out, imposed by the Encharged. "

" Art. 201.

The adopted fully, even if it will consist of its filiation, it will be the only surnames of its adopters. Except where one of the spouses adopts the legitimate, legitimate, natural recognised or adopted child of his/her consort, the one adopted by male only has the same order as the last name of the adopter. If the adopter is a woman, she shall bear her first two surnames, the order being reversed in the writing itself or another subsequent to the consent of the adopter and the older adopter, without prejudice to the provisions of Article 207 of the Treaty. This Regulation. "

" Art. 202.

Constituted and registered a simple adoption, may be agreed after at any time, by public and life writing of the adopter or adopters, the replacement of the surnames of the adopted by those of that or these, or the use of a last name of each provenance, where the order of the latter shall be fixed. '

" Art. 203.

Deceased the adopter or simple adopters, granting of their last names to the adopted requires authorization of the Ministry of Justice, at the request of the adopted, and with the consent of the heirs, descendants and spouse of the adopter or his legal representatives. "

" Art. 216.

The application for the change will clearly express the genealogy, as soon as it is necessary to justify the provenance of some surname. The applicant shall demonstrate the requirements for the change. '

" Art. 220.

In the application for a letter of a nature or a grant of nationality by residence, it shall be stated in particular:

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

2. No. If single, married or widowed or legally separated; mentions of identity and place and date of birth of the spouse and of the children subject to the parental authority. If there are any subsequent nuptials, reference shall be made to the previous marriages.

3. º If you are processed or have a criminal record, indicating cause and penalty. If you are a male, if you have met the military service that is required by the laws of your country or your situation.

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

5. º If you are being protected as Spanish or a descendant of old protected: the circumstances that reduce the time of residence demanded; if you speak Spanish; any other of adaptation to the culture and lifestyle Spanish, such as studies, charitable, religious or social activities, and any others it deems appropriate.

6. º If permanently resident in Spain, means life with which account and religion that, if any, professes.

7. The promise to renounce the nationality he holds and to take oath of allegiance to the Head of State and obedience to the laws. "

" Art. 221.

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

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

The consular certification, if possible, will also refer to the circumstances of the number three and the conduct, which will also be accredited by certificate of the local governmental authority by that of the Central Register of Penados and Rebels and, where appropriate, by the witnesses referred to in the following paragraph.

The residence in Spain can be accredited by municipal certification, and for the granting of nationality by residence, by two witnesses for each place and time.

The other facts and circumstances will be credited by the appropriate means.

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

" Art. 223.

The granting of a letter of a nature or any other of the competence of the Head of State will take the form of Royal Decree, dictated by the Ministry of Justice's proposal.

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

Non-decision-making decisions shall not be motivated by reason of public interest or order. "

" Art. 225.

The change of civil neighbourhood occurs 'ipso iure' for the usual residence for ten years in a province or territory of different civil legislation unless before the end of this period the person concerned makes the statement to the contrary.

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

The foreigner who acquires the Spanish nationality by naturalization or option and wishes to also opt for the civil vicinity corresponding to the territory of special law or foral in that it takes at least two years of residence, make this second option to the Civil Registry Officer at the same time as the declarations provided for in the last paragraph of Article 19 of the Civil Code. "

" Art. 226.

The time limit for the option begins to be counted from when the stakeholders, according to their personal law, are emancipated. Not yet, they can choose from the age of twenty-one years. "

" Art. 227.

Option inscriptions, except as provided for in Article 233 of this Regulation, for the conservation or recovery of nationality and those relating to the vicinity are originating even if no document is presented, except which results from the statement of the person concerned that the respective requirements are not met. The latter must specify in its manifestations how much data it is aware of in relation to the fact that it is registered. The registration will be practiced, even if the subject promotes it for the most security of its state.

Such inscriptions, when in particular the fact that the requirements of the conversation or amendment of the nationality or the vicinity have been duly justified to the person in question, only attest to the statements in question the virtue of which is practised, a circumstance which will be highlighted in the seat as well as in the certification. "

" Art. 230.

In foreign countries where there is no Spanish Diplomatic or Consular Agent, the option declaration may be made in a duly authenticated document addressed to the Spanish Ministry of Foreign Affairs, who, with report on the date of referral to that Ministry, shall, through the Ministry of Justice, transfer to the Registry competent for registration.

The date of registration shall be deemed to be the date from which the option, the referral to the Ministry of Foreign Affairs, shall have its effect, which shall be entered in that seat. '

" Art. 231.

The registration of the loss of the Spanish nationality by reason of the parental authority shall refer to the registration of the loss corresponding to the person who exercises it. "

" Art. 232.

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

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

In order to register the loss of Spanish nationality by reason of marriage, it is sufficient to prove duly, in accordance with the provisions of the preceding paragraphs, the marriage with a foreign person and the voluntary acquisition of the nationality of this. "

" Art. 233.

The option to Spanish nationality established in favour of the foreign spouse who has entered into a marriage with Spanish or Spanish shall be in accordance with the following rules:

First.

The act of choice, in which the subject shall be subject to prior nationality and the oath of fidelity to the Head of State and obedience to the Laws, shall always be lifted in duplicate and one of his copies shall be sent to the General Directorate of the Registers and the Notary. Such renunciation and oath shall be made on a conditional basis, for the sole case that the applicant effectively acquires the nationality.

Second.

This copy will be accompanied by the certification of marriage in the Spanish Civil Registry, the appropriate evidence on the subsistence of the marriage and those that justify the quality of Spanish of the spouse of the optant.

Third.

In the absence of justified reasons to prevent it, the statement of the Spanish spouse on the option formulated by his consort will also be accompanied, and if this has been done abroad, the authorship of the act will issue report on the circumstances of the applicant that may influence the assessment of public order.

Fourth.

The Directorate-General shall collect the reports referred to in Article 222 of this Regulation.

Fifth.

The registration of the option in the competent Spanish Registry will not take effect until the timely Order of the Ministry of Justice is placed, not opposing the acquisition of Spanish nationality. The date of this Ministerial Order shall be entered in the registration itself.

Sixth.

In this case as well as if the Ministerial Order is opposed for reasons of public order to the option, the Directorate-General will transfer the same to the authorship of the act for its notification to the interested party and the practice, if any, of the registration in the competent register.

Seventh.

When the birth certificate appears, the Directorate-General may directly forward the minutes and the transfer of the Ministerial Order, together with the evidence of the birth, to the Registry, prior to its breakdown. competent for the practice of the relevant marginal registration, duly notifying the data subject. "

" Art. 234.

In foreign countries where there is no Spanish consular or diplomatic agent, the foreign spouse's declaration of choice may be made in the manner provided for in Article 230 of this Regulation. In such a case, the rules contained in this article, as well as the 233, will be observed. "

" Art. 235.

The one who has lost the Spanish nationality by way of penalty or sanction will be able to recover it, once obtained the gracious concession of the Head of State, declaring that this is his will before the Encharged of the Civil Registry of his residence, with the waiver of the foreign nationality, which, if any, shall be held and in order for the registration to be carried out. "

" Art. 236.

In the registration of nationality, except in the case of loss, where it takes place by way of penalty imposed 'ipso ture', or by judgment, reference shall be made in its text or in a marginal note complementary to the birth of the children subject to parental authority, with the indication of names and names.

In the birth inscriptions of the children, the reference to the nationality shall be given with an indication of the registered fact and the character of the parent of the holder. "

" Art. 237.

In the vicinity inscriptions, in addition to those concerning the children submitted to the parental authority, the same references as required by the previous article regarding the marriage and birth of the woman will be made.

In addition, in the registration of the woman's birth, the reference to that of the neighborhood shall be noted, with an indication of the registered fact and the character of the husband of the holder. "

" Art. 243.

Those who intend to marry civil marriage, will manifest in the statement demanded:

1. The mentions of their identity, even the profession, and also the surnames, profession and domicile or residence of the parents.

2. No, they do not profess the Catholic religion.

3. º If any have been married, the name of the spouse or previous spouses and date of dissolution of the marriage.

4. That there is no impediment to marriage.

5. The charged Encharged, if any, for the celebration.

6. th Peoples in which they have resided or been domiciled in the last two years.

The statement will be signed by two witnesses to the contrayant who cannot do so. "

" Art. 244.

The proof of birth and, where applicable, proof of dissolution of previous links, marriage license or waiver shall be presented with the declaration; it does not prejudge the non-existence of other impediments or obstacles.

In the ratification act or when it is noted, the claims and evidence defects to be remedied shall be indicated to the contrayants. "

" Art. 245.

The proof that the Catholic religion is not profited shall be made by express declaration of the person concerned to the Chargé. "

" Art. 246.

While the edicts or proclamations are dealt with, the proposed or agreed tests will be practiced, aimed at crediting the state or domicile of the contrayents, or any other necessary end.

The Chargé will hear both contractually, and separately, to make sure there are no legal obstacles to the celebration. "

" Art. 248.

The registration of civil marriage '' in article mortis '' shall be extended by virtue of the minutes raised with the necessary circumstances to practice that and of the corresponding governmental file.

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

" Art. 249.

In the absence of a record, civil marriage can only be registered under a file, in which it is duly credited that the two contrayents did not profess the Catholic religion, their freedom to Impediments and, when not authentically, the celebration. For the purposes of this dossier, the single act of the celebration of civil marriage shall be presumed. The file shall be published edicts and proclamations, if they have been omitted, and shall, where appropriate, be carried out on the basis of due diligence. '

" Art. 250.

Doubts as to the preparation and celebration of marriages will be consulted in clear and precise communication to the Judges of the First Instance, who will resolve them as soon as possible. order, after hearing from the Prosecutor's Office. In the case of any particularly serious case, the execution of the order shall be suspended and the Directorate-General for final resolution shall be brought forward, with the opinion of the Prosecutor and other background, to the Directorate-General. "

" Art. 253.

The time, date and place in which the marriage is celebrated and the identity of the contrayants shall be recorded in any marriage registration. It will also consist of the common or foral neighbourhood of the husband. It shall be sufficient for the declaration to be made by the same statement and without prejudice to the fact that, at home, reference is made to the annotation of the neighbourhood declaration with a simple presumption value.

In that of marriage by power it will be expressed which is the mandante, mentions of identity of the president, date and authoritants or authoritants of the power; in that of the contracted with interpreter, their mentions of identity, language in which welcomes and contravenes whom it translates.

If applicable, it will be stated that the registration was requested after five days of the marriage. "

" Art. 263.

The subsequent celebration of the canonical marriage between the same spouses already married civilly, as well as any other event that involves, for civil purposes, that is valid canonical marriage a civil marriage, will be entered in the margin of registration of this. "

" Art. 313.

In case of doubt about the sex or age of the born, the doctor of the Civil Registry or his replacement will deliver an opinion.

In order to determine the year and the birth population, the information of two persons to whom they are composed of their own science or notoriety is sufficient; but in order to specify more the time and place accredited by notoriety it will be ensured that other tests are present. "

" Art. 339.

It may also be stated with the value of simple presumption of marriage that cannot be registered, and the impossibility must be checked in the file. This is proven if it is credited that the requested canonical certification for registration is not issued. "

" Art. 342.

The Judge of First Instance is competent to correspond to the Register where the intended resolution is to be registered. If the registration is to be practised in the Consular and Central Records, the jurisdiction shall be the first if the sponsor is domiciled abroad, and the second, in another case.

The file will be instructed by the Encharged himself, who, heard by the Fiscal Ministry, will propose in the form of order the resolution that proceeds; the Judge of the First Instance, before making the definitive, will be able to order new Proceedings, with summons and hearing of the parties and the Prosecutor's Office. "

" Art. 348.

The application to initiate the file shall be addressed to the body to be resolved, shall contain the known names of the promoter and those who have legitimate interest, shall provide succinct and numerically the facts, evidence and measures accompanying and proposing and laying down the law and setting out clearly and precisely what is required.

Applications that tend to agree to the Register with reality, even if they are defective, should be accepted and the interested parties will be informed about how to remedy the defects.

Made application to the Registry of the address of the promoter, the Encharged will instruct the appropriate measures with intervention of the Fiscal Ministry, who will issue report, and in union of his own, will give to the record the course regulatory.

For the receipt of the request and practice of the relief proceedings, the Judges of Peace are competent.

Both the Attorneys and the Lawyers may be able to assist with the character of the proxies or the assistants of the persons concerned, when they wish to use their own. "

" Art. 351.

The certainty of the facts will be investigated ex officio without prejudice to the burden of proof that is incumbent on the individuals; the offenders have this burden in the file motivated by the infraction.

The test will be performed with free and direct intervention of the competent organ, and if they appear, of the Fiscal Ministry and the parties. Before taking a statement, the declarant shall be warned of the special responsibility for which he may incur. "

" Art. 358.

The writ of appeal shall be in accordance with the forms of the application and shall clearly and accurately determine the ends of the complaint.

Only issues directly and immediately related to the decision under appeal may be discussed. Documents may be rejected for evidence which may be submitted in due course, unless it is in the public interest to be admitted.

In the resources against the registration qualification, no petitions can be founded on titles not presented in time and form.

The appeal may be filed with any Civil Registry body. An immediate transfer shall be made to the body whose decision is made, who shall notify the other party, the other party, and always the Prosecutor's Office, and with the allegations of the notified body and the report of the body itself, shall be submitted to the competent authority. This will be able to order actions to better provide, with subpoena and hearing of the parties and the Fiscal Ministry.

If the failure of the route had been limited to declaring the lack of budgets of the procedure and such a failure was not appreciated, the decision-making body may decide in itself the question of substance or return the proceedings. If there is no need for a budget or the omission of an essential procedure, the decision-making body may either replenish the proceedings or, once the defect has been remedied within the procedure itself, resolve the merits. "

" Art. 360.

The Director will resolve the proposal made by the Deputy Director and prepared by the Head of Service.

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

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

" Art. 363.

Life, Solteria, or widowhood is credited by the corresponding Encharged faith.

Life is also credited for the appearance of the subject or the notarial act of presence, and the sole or widowhood, by affidavit of the subject himself or by acta of notoriety.

No official body, to whom life is credited for the appearance of the subject or the sole or widowhood by affidavit of the same, may require other means of proof, without prejudice to the investigation of its own office in case of doubt founded. The official bodies shall inform the declarant of the criminal liability in which they may incur. "

" Art 364.

The life, sole or widowhood faith file will conform to the following rules:

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

2. No hearing of the Prosecutor's Office is required or communication to interested parties; but the latter may be part of or make the statements that they deem appropriate.

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

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

5. In the case of declaring the sole or widowhood, a token shall be opened to each person indicating the place and date of birth. The opening shall be communicated to the Registry of Birth, in order to record it by note on the margin of registration and to communicate, for its constancy in the file and effects on the files, the marginal notes of marriage and death already practised or as they are produced. The statement, which shall be on the fiche, may not be delayed by the absence of a birth registration or the obligation to acknowledge receipt with the indication that the marginal note has been applied.

6. For the sole or widowhood, the possession of the state shall be sufficiently accredited, unless the Chargé is recorded, and it is sufficient to accredit the affidavit of a person, preferably family.

7. It shall be processed as a matter of urgency and within the maximum period of five working days. "

" Art. 365.

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

The resolution of the name and surnames of the jurisdiction of the Judge of First Instance corresponds to the superior of the Judge Instructor Instructor.

Elevated to the Judge of First Instance those of his competence and the others directly to the Directorate, its extension may be ordered with new measures and, in this case, will be heard again to the Fiscal Ministry.

Those of nationality, whose resolution corresponds to the Head of State, will be instructed by the Directorate-General, which may commission the effect of the Encharged of the Registry of the domicile, without in any case requiring announcements General and hearing of the Prosecutor's Office. "

" Art. 366.

When the concession is graciously granted by the Head of State or when he is dependent on exceptional circumstances or on grounds of interest or public order, the Instructors and the Head of Service in their proposals are will limit background and form requirements and highlight the proven or notorious facts that can be illustrated for the decision.

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

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

" Art. 367.

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

" Art. 375.

The certificate requester will anticipate your total amount and the amount of mail, spin, and assistance expenses, if any, against receipt, in which the advance amount will be inexcusably recorded.

Requests for certifications that are received directly by mail will be filled in, provided that there is enough to cover the total expenses of the expedition. "

" Art. 388.

The age limit for exercising the post of Civil Registry Doctor will be seventy years. "

" Art. 392.

The Medical Officer of the Civil Registry will be counted as a time of effective services that has elapsed in the situation of special or forced surplus, or in the situation of supernumerary. This provision shall not preclude rules on the computation of abondable services or other matters in the Order which rules the beneficial mutual benefit of the Body.

Only when you move to the situation of special leave will you reserve the place you will occupy, and will be replaced by the Doctor whom you regulate accordingly.

The official who does not have a place reservation can apply for re-entry, participating in the ordinary vacancy provision contests.

The preferences established in the general legislation of officials on the occasion of re-entry into the active service are restricted to the same place that the official served when the cessation occurred. The right of preference will be exercised when applying for re-entry and participating in the corresponding provision contest, if the vacancies were announced at that place. "

" Art. 396.

The entry into the Medical Corps of the Civil Registry will be verified exclusively by opposition. The places called for shall be those which have become vacant after the last contest published and shall be added, where appropriate, to the vacancies which occur until the end of the last financial year, if another contest is settled during the Conclusion of the opposition. '

" Art. 403.

The provision of vacancies by the Civil Registry will be made by means of a contest, in the sole shift of effective services provided in the race. All existing vacancies will always be announced, excluding only those identified for opposition under an already signed Resolution.

To attend, it will be necessary to have one year elapsed from the date of possession of the place to serve the applicant, except in the case of officials serving their first destination in the Corps.

Equally, without such time limitation, the holders whose scope of action has been for any modified provision may be present. "

Article 2.

The heading of Chapter VII of Title VI of the Rules of Procedure is worded as follows: "From the files of the competence of the Ministry or the Higher Authority and the names and surnames."

Third item.

The second paragraph of the sixth transitional provision of the Regulation is worded in the form which is expressed: ' Extravagant names of persons, irreverent or subversives are in any case considered to be imposed by the breach of established rules. "

Article 4.

In the text of the Regulation the expressions "District Courts", "District Judges", "District Prosecutors", "Secretaries of District Courts" and "Officers of the Administration of Justice" replace in the appropriate manner to the terms "Municipal or regional courts", "municipal or regional judges", "municipal prosecutors", "secretaries of municipal justice" and "municipal court officers".

Article 5.

The Decree is repealed three hundred and two hundred and seventy-two, of ten February.

Article 6.

This provision will enter into force on the next day of its insertion into the "Official State Gazette".

TRANSIENT DISPOSITION

The Civil Registry Doctors entered before the entry into force of this Decree will maintain, in respect of their retirement, the regulations established at the time of their entry into the Body.

Given in Madrid to one of December thousand nine hundred and seventy-seven.

JOHN CARLOS

The Minister of Justice,

LANDELINO LAVILLA ALSINA