FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

I

The progress in the use of new communication technologies is a valuable tool for the development of the actions of the Administration of Justice, as well as in its relationship with professionals and citizens.

Law 1/2000, of January 7, of Civil Procedure, in its original wording, has already collected some of these concerns by regulating the use of electronic, computer and electronic techniques and means by the Administration of Justice and those who prove that they are available to them. This forecast, together with Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice, which establishes the duty to use electronic means for professionals of the The Court of Justice and the Court of Justice, as well as the obligation of the competent authorities to provide these means and the right of citizens to interact electronically with the Administration of Justice, have taken a very important step. in the development of new technologies.

However, there has been no widespread application of electronic means as a normal way of dealing with judicial proceedings and of relating to the administration of justice with professionals and with the citizens. Therefore, it is imperative to undertake an in-depth reform of the various procedural steps to generalise and give greater relevance to the use of telematic or electronic means, giving the support to support paper. This will not only result in greater efficiency and efficiency in the processing of procedures, but also cost savings to the State and citizens and the procedural guarantees will be strengthened. That is, we will be facing a new concept of administration of justice and will be another step to improve the public service that constitutes the same.

II

On the indicated line, a specific date is set to make the implementation of new technologies effective in the Administration of Justice. As from 1 January 2016, all legal practitioners and judicial and tax authorities will be obliged to use the telematic systems existing in the Administration of Justice for the submission of documents and documents and the conduct of proceedings of procedural communication, with the competent authorities, other administrations, professionals and bodies grouping the collectives to establish the means necessary to make this a reality.

General rules for the submission of documents and documents by telematic means are laid down, which may be done every day of the year, during the 24 hours, applying the same regime for the written documents. peremptory, regardless of the system used for presentation. The guarantees to be collected are developed which give evidence of the presentation of the documents and make the necessary adjustments to the transfer of copies of the documents submitted, as well as to the evidentiary value of the documents. same.

In order for electronic communication to be the usual way of acting in the Administration of Justice also in relation to citizens, it is expressly stated that the acts of communication may be carried out in the electronic address enabled by the recipient or by means of another telematic system, although this will be possible from 1 January 2017. It also increases the legal certainty of stakeholders by establishing new measures to ensure the knowledge of the provision of communication acts, such as the sending of notices of notification, provided that this is possible, to the designated electronic devices.

On the other hand, as a reflection of technological progress, we introduce the forecast of identification of the e-mail address and the telephone number of the defendant as one of the data that can be useful for your location. It is also regulated that the electronic means, including legal persons, should be used by persons on a compulsory basis, establishing as a deadline for this to apply on 1 January 2017.

But, in addition, a global application of the telematic means to the different procedural actions is carried out. The use of the telematic means also extends to the processing of the exhorts, commandments and trades, the display of documents in compliance with preliminary proceedings or the presentation of expert reports.

Finally, as a novelty, in terms of representation, new means are included for the granting of the takeover act by electronic appearance, as well as to credit it in the exclusive scope of the Administration The Court of Justice, by means of its registration in the electronic file of proxy acts, which will be created for the purpose and which will enter into force on 1 January 2017. This entails the amendment of Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice.

III

Law 1/2000, of January 7, of Civil Procedure, came to establish a new regulation of the acts of communication, in which both the litigants and their representatives assumed a more active and effective role. The Exposition of Motives of the Law of Civil Procedure already highlighted, as an important part of this new design, the prosecutors of the courts, showing that, because of their status as representatives of the parties and professionals with technical knowledge about the process, were in a position to receive notifications and to carry out the transfer to the contrary part of many writings and documents, today being the responsible of the services of reception and practice of the notifications. The reforms undertaken subsequently, in particular Law 13/2009 of 3 November, of reform of the procedural law for the implementation of the new judicial office, strengthening the role of the common services, laid the foundations for putting new technologies at the service of citizens who are seen in the need to go to court.

[El Comercio] In all this process of modernization of Justice, the figure of the prosecutor, with great historical roots in our legal order, has had a direct and active intervention, and at the moment he is called to play a the role of the parties, their lawyers and the judicial offices. The procurators have been assuming, as the situation has been requiring them, under their condition as cooperators of the Administration of Justice, a greater role in the management and processing of the procedures. The Court of Justice has been in a position to play a role which today is compatible with its original role of procedural representatives of the litigants. Thus, Law 37/2011 of 10 October, of Measures of Procedural Streamlining, especially with the reform carried out in Article 26 of the Law on Civil Procedure, came to accentuate this condition that has been characterized for a long time. action of the prosecutor when he plays his role as a contributor to the administration of justice, in line marked by the White Paper of Justice elaborated within the General Council of the Judiciary, which has already highlighted the need to consider " the convenience of tending to a system in which, maintaining the figure of the prosecutor as In the case of the Court of Justice, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that of the acts of communication, in the procedural steps of trial and execution and in the systems of forced sale of foreclosed goods, in the terms and with the limitations that are established in other parts of this study ".

This Law continues in the direction indicated and also part of the condition of the Attorney General as a contributor to the Administration of Justice to whom it is necessary to carry out all those actions that result necessary for the momentum and the good progress of the process.

Thus, the cast of attributions and obligations of the procurators regarding the conduct of the acts of communication to the persons who are not their represented is reinforced. The reform is part of the current duality of the system while maintaining the possibilities of its realization, either by the officials of the Judicial and Auxiliary Corps, or by the prosecutor of the party who so requests, at its expense, and in both cases under the the address of the judicial secretary. However, it requires that the applicant must, in any written document initiating a judicial, enforcement or judicial review procedure, express his will in this respect, understanding that, if he does not indicate anything, it shall be carried out by the officials. legal. However, this scheme shall not apply to the Prosecutor's Office or to those processes in a row in any jurisdiction in which the provisions of Article 11 of Law 52/1997 of 27 November 1997 on Legal Assistance to the State and Public Institutions.

As a remarkable novelty, the procurators are assigned the certification capacity to carry out all the acts of communication, which will allow them their practice with the same scope and effects as those carried out by the Officials of the Judicial and Auxiliary Corps are relieved of the need to be assisted by witnesses, which will result in the streamlining of the procedure. Accordingly, in the performance of the aforementioned functions, without prejudice to the possibility of substitution by another prosecutor as provided for in the Organic Law 6/1985, of July 1, of the Judicial Branch, the procurators must act necessarily personally and inselectable, with full submission to the procedural requirements governing each act, under the strict direction of the judicial secretary and judicial control, expressly providing that his/her performance will be impeachable before the judicial secretary and that against the resolutive decree of this impeachment will be possible In turn, bring an appeal for review before the court.

Directly related to the action of the procurators, to unify the different forensic practices that are being developed in the courts in relation to the procedures of sworn accounts of procurators and In the case of the Court of Justice, the Court held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice Supreme Court.

IV

On the other hand, the present reform is used to introduce changes in the regulation of verbal judgment in order to strengthen the guarantees derived from the constitutional right to effective judicial protection, which are as a result of the practical application of the Civil Procedure Act and which were being demanded by the different legal operators.

Among the changes to be made, the introduction of the written defence, which must be submitted within ten days, is to be highlighted in half of the procedure laid down for the ordinary procedure. Provision for certain special procedures, which has led to the adequacy of all the precepts related to the processing of the verbal judgment and the processes whose regulation refers to it, including Law 60/2003, of 23 December, of Arbitration. The same relevance must be attributed to the regulation, in those cases where it is appropriate, from the processing of conclusions in the verbal judgment, as well as from the system of resources of the resolutions on test. Similarly, whenever the court considers it relevant, the parties are given the opportunity to give up the holding of the hearing and it is required that the proof of the examination of the examination be announced in advance. part.

On the other hand, the need for the minute of the test proposal to be provided in the prior hearing of the ordinary judgment is established, without prejudice to the verbal reproduction or the completion of the act, encourage the further development of the post-proceedings, as the judicial secretary is not already present at the event.

The procedural succession of the executor or executed is also addressed when the execution is already in place, before the existing legislative loophole and the different positions taken by the courts.

V

Finally, the reform of the Law on Civil Procedure is in compliance with the judgment of the Court of Justice of the European Union of 14 June 2012 in the case of Banco Espanol de Crédito, C-618/10, where, following the examination of the regulation of the order for payment procedure in Spain, in conjunction with Council Directive 93 /13/EEC of 5 April 1993 on unfair terms in contracts concluded with consumers, stated that the Spanish legislation does not comply with the The European Union's right to protect consumers, to the extent that it does not allow the European Union to a judge who is aware of a claim in an order for payment, even if he has the necessary facts and the right to do so, to examine, at any stage of the proceedings, the abusive nature of a clause on interest for late payment contained in a contract concluded between a professional and a consumer, where the consumer has not made an objection. " For this reason it is introduced in article 815 of the Law of Civil Procedure, in a new paragraph 4, a procedure that will allow the judge, before the judicial secretary agrees to make the requirement, to control the eventual existence of unfair terms in the contracts on which the payment procedures are based against consumers or users and, where appropriate, after hearing the two parties, to resolve the matter, without having the effect of res judicata, as required by European legislation.

The judgment of the Court of Justice of the European Union of 6 October 2009 and the established criterion in our case-law are also covered by the possibility of judicial review of the clauses of the The Court of Justice

the European Court of Justice of the European Court of Justice

VI

This reform also serves to carry out a first update of the statute of limitations contained in the Civil Code, a matter of great importance in the legal and economic life of citizens.

From the work of the General Coding Commission, the general deadline for the personal actions of Article 1964 is shortened, setting a general deadline of five years. This results in a balance between the interests of the creditor in the preservation of his claim and the need to ensure a maximum period. The transitional provision on this subject allows for the application to personal actions born before the entry into force of this Law, of a regime which is also more balanced, with the new five-year period having an effect.

VII

Finally, the reform is used to include those amendments that are considered most necessary in relation to Law 1/1996 of January 10, of free legal assistance, in order to adapt it to the current reality. The reform continues to shape the free justice system as a public service, funded by public funds and primarily provided by law enforcement and procuratorate.

In the reform of the Law of Free Legal Assistance, a first group of modifications can be highlighted that responds to the need to resolve the various interpretative doubts that have been raised and that have ended to put at risk the uniformity in the application of the model and, consequently, equality in access to the right to free legal assistance. To this end, the amendments relating to the accuracy of the recognition of the right by overlapping circumstances are not retroactive to the fact that the contributions of the system will be proportional in the cases of plurality of litigants with the right to free legal assistance, or in relation to the effects of the application on expiry or prescription.

A second block of changes are those that affect the definition of the assumptions that will allow recognition of this right, by establishing a larger case than the existing one.

The recognition of the right of free legal assistance to certain victims is maintained in the terms introduced by Royal Decree-Law No 3/2013 of 22 February amending the system of fees in the field of the Administration of Justice and the system of free legal assistance, regardless of their economic resources (victims of gender-based violence, terrorism and trafficking in human beings, minors and persons with intellectual disabilities, or mental illness). This access is accompanied by specialized legal advice and attention from the moment of the complaint, establishing a special appointment of professionals to ensure this work of prior advice, following the the forecasts which also reflect the rules of the European Union. This is the case for Directive 2011 /36/EU of the European Parliament and of the Council of 5 April 2011 on the prevention and control of trafficking in human beings and on the protection of victims and the replacement of the Decision Council Framework 2002 /629/JHA.

In addition, these victims will be defended by the same lawyer in all procedures, whenever possible, thus guaranteeing their privacy and reducing the possibility of revictimization. And, on the other hand, it is prevented that any involved, and not only the aggressor, in acts of violence against any of the victims who are victims of the victim can obtain such benefit. As a result of these reforms, the Organic Law 1/2004, of 28 December, of Comprehensive Protection Measures against Gender Violence is adapted.

In the fight against terrorism, the associations that aim to promote and defend the rights of victims of terrorism are recognized free legal assistance, regardless of their economic resources. This implies the reform of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism.

The reform, to ensure greater equity, includes within the family unit of four or more members, large families, regardless of their number, so that the coverage of the system is increased.

In criminal matters, as a result of the adoption of Directive 2013 /48/EU of the European Parliament and of the Council of 22 October 2013 on the right to legal assistance in criminal proceedings and in proceedings concerning the European arrest warrant, the persons claimed and detained as a result of a European arrest warrant are expressly recognised and handed over to the office of office if they have not appointed him. Likewise, in order to guarantee the rights of both beneficiaries and lawyers, it is expressly stated that assistance will be provided in criminal matters without the need to prove insufficient resources, without prejudice to the payment of the fees. accrued if the right was not recognized.

In accordance with Directive 2008 /52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, Member States should encourage professionals of the The right to inform your clients of the possibilities offered by mediation. In line with this Community forecast, the second provision of Law 5/2012 of 6 July 2012 on civil and commercial matters, came to the effect that the competent public authorities would seek to include the mediation in the form of free advice and guidance prior to the process, provided for in Article 6 of the Law of 10 January 1996, of free legal aid, in so far as it allows the reduction of both the litigation and its costs; This forecast is being met with the reform. Thus, the right of the beneficiary of free legal aid to receive all information relating to mediation and other out-of-court means is expressly included in the provision relating to free counselling and guidance. conflict resolution as an alternative to the judicial process. However, the obligation to provide this information does not mean that the costs incurred in the information session referred to in Law 5/2012 of 6 July of mediation in civil and commercial matters should be assumed.

The third set of reforms affects the operation of the system. The development of the technology is promoted, regulating the submission of the application, data search and communication of the resolution to the organs by technological means.

Among the dysfunctions detected in recent years of application of Law 1/1996, of January 10, of free legal assistance, are the situations of discordance in the data provided by the applicants with reality. To try to find a solution, the powers of the patrimonial investigation are increased by the Commissions of Free Legal Assistance, in such a way that not only the Tax Administration is required the confirmation of the data, but It will also be possible to urge the Catastro, the Social Security and the Property and Commercial Records and, in general, those others who allow to check by electronic means the information provided in the application. Similarly, the information to be checked is not only that of income or income, but it is also going to be taken into account in the heritage. In order to ensure data protection, the express consent of the applicant and, where applicable, of his spouse or partner in fact is required in order to specify the verification of his tax data, as an integral part of the family unit.

This approach is also complete with the possibility for the competent judge to revoke the right if he or she appreciates or abuse the right in the claim under the right of free legal assistance.

It is also established that the procedure for the revocation of the right of free justice to be carried out by the Commission must be with the interested party and with a reasoned decision, attributing to it also the procedure for the statement that the beneficiary has reached a better fortune. Finally, in order to speed up the processing and judicial resolution of the objections made to the Commission's decisions on free justice, the deadline is extended to ten days for its interposition, and a written procedure is established, removing the view, except for exceptions.

As for the composition of the Commissions, it is excluded from the commissions to the Prosecutor's Office, which was repeatedly claimed, thus establishing, as a result, a six-month rotating system among the members. In order to facilitate the operation of the Commissions, a special system of substitutions is established for the official of the Ministry of Justice, which is part of the same.

In short, the reform of the Law of Free Legal Assistance is a boost to the viability of the Spanish model of free justice.

VIII

The reform of Law 29/1998 of July 13, the regulator of the Administrative-Administrative Jurisdiction, is also undertaken to allow civil servants, who do not have the right of free justice with the independence of their resources, they may be able to appear for themselves in defence of their statutory rights, when they relate to personnel issues that do not involve the separation of immovable public employees, thus recovering the regulation already existing prior to Law 10/2012.

Finally, the Law 10/2012 of 20 November, which regulates certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences, is amended to transpose the statements by the Constitutional Court regarding the possibility of making the payment of the fee in the period granted for the purposes of the accreditation of the accreditation of the self-validation.

Single item. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Law 1/2000 of 7 January of Civil Procedure is amended as follows:

One. Article 14 (2) is amended as follows:

" 2. Where the law allows the defendant to call a third party to intervene in the proceedings, the following rules shall be followed:

1. The defendant shall request the court to be notified to the third party of the judgment. The application must be submitted within the time limit for responding to the claim.

2. The Registrar shall order the interruption of the time limit for responding to the application with effect from the day the application was lodged, and shall agree to hear the complainant within ten days, in order to resolve the proceedings. by self as appropriate.

3. The term granted to the defendant to answer the claim shall be resumed with the notification to the defendant of the dismissal of his or her request or, if estimated, with the transfer of the statement of defence submitted by the third party. and, in any event, the expiry of the period granted to the latter to respond to the claim.

4. If the third party has appeared, the defendant considers that his place in the process must be occupied by him, shall be carried out in accordance with the provisions of Article 18.

5. Case that the third party was acquitted in the judgment, the costs may be imposed on the person requesting his intervention in accordance with the general criteria of Article 394. "

Two. Article 23 (1) and (2) are amended and paragraphs 4, 5 and 6 are added, which are worded as follows:

" 1. The appearance of the trial will be through the attorney general, who will have to be a Bachelor of Law, Graduate in Law or other degree of equivalent degree, entitled to exercise his profession in the court he knows of the trial.

2. By way of derogation from the above paragraph, the litigants may themselves appear:

1. º In the case of verbal judgments whose determination has been made for the amount and the amount does not exceed 2,000 euros, and for the initial request for the payment procedures, as provided for in this Law.

2. º In universal judgments, when the appearance of the presentation of titles of credit or rights is limited, or to attend to Juntas.

3. In incidents relating to the impeachment of resolutions on legal aid and when urgent measures are requested prior to the trial.

4. In the terms set out in this Law, it is up to the procurators to practice the procedural acts of communication and to carry out tasks of relief and cooperation with the courts.

5. For the performance of the acts of communication, they shall have the capacity for certification and shall have the necessary credentials.

In the exercise of the functions referred to in this paragraph, and without prejudice to the possibility of substitution by another prosecutor as provided for in the Organic Law of the Judiciary, they will act personally and The Court of Justice of the European Court of Justice of the European Union is of the same nature as the Court of Justice of the European Union. An appeal for review may be brought against the resolutive decree of this challenge.

6. For the practice of procedural and other functions attributed to procurators, the Colleges of Attorneys shall organize the necessary services. "

Three. Article 24 is amended as follows:

" Article 24. Attorney's proxy.

1. The power in which the party grants its representation to the attorney general shall be authorized by notary or be vested in the act by personal appearance before the judicial secretary of any judicial office or by electronic appearance in the court. corresponding judicial seat.

2. The electronic copy of the notarial power of representation, computer or digitised, shall be accompanied by the first written document that the prosecutor present.

3. The granting of the act by personal or electronic appearance must be carried out at the same time as the presentation of the first document or, where appropriate, before the first action, without the need for such a grant to be awarded by the procurator. This seizure may also be credited by the certification of their registration in the electronic file of proxy acts of the judicial offices. "

Four. Article 26 (2), paragraph 2, is amended, which is worded as follows:

" 7. To pay all expenses that will be caused to your instance, except the attorneys ' fees and the fees for the experts, the fees for the exercise of the jurisdiction and the deposits necessary for the presentation of resources, unless the power has given him the necessary funds for his credit. "

Five. The numeral 1. of Article 31 (2) is amended, which is worded as follows:

" 2. Except only:

1. The verbal judgments whose determination has been made by reason of the amount and the amount does not exceed 2,000 euros, and the initial request for the payment procedures as provided for in this Law. "

Six. Article 34 is amended as follows:

" Article 34. Prosecutor's account.

1. Where a procurator has to require the amounts owed by him for the rights and expenses which he has provided for the case, he may submit to the Registrar of the place where he is based in detail and justified, stating that they are due and not satisfied with the quantities resulting from it and claim. The same right that the procurators will have their heirs with respect to the credits of this nature that those who will leave them. The intervention of lawyer and prosecutor shall not be required.

2. Filed the account and admitted by the judicial secretary, it will require the power to pay such sum or contest the account for being undue, within ten days, under the warning of a prize if I will not pay or make an impeachment.

If, within that period, the power is opposed, the judicial secretary will transfer the attorney general for three days to decide on the impeachment. The judicial secretary will then examine the account and the procedural actions, as well as the documentation provided, and will, within ten days, decree determining the amount to be satisfied to the prosecutor, under warning of the award if the payment is not made within five days of the notification.

The decree referred to in the preceding paragraph shall not be subject to appeal, but shall not prejudge, even in part, the judgment which may be held in subsequent ordinary judgment.

3. If the power does not object within the time limit, execution shall be issued for the amount to which the account ascends. '

Seven. Article 35 is amended as follows:

" Article 35. Attorneys ' fees.

1. The lawyers may claim against the party to whom they defend the payment of the fees which they have accrued in the case, presenting detailed minutes and formally stating that these fees are due to them and have not been satisfied. The same right that the lawyers will have their heirs with respect to the credits of this nature that those will leave them. The intervention of lawyer and prosecutor shall not be required.

2. Filed this claim, the clerk will require the debtor to pay such sum or contest the account, within ten days, under the award warning if I will not pay or make any impeachment.

If, within the said period, the fees are contested for undue reasons, the second and third paragraphs of paragraph 2 of the previous article shall be subject to the provisions.

If the fees for excessive will be challenged, the judicial secretary will transfer the lawyer for three days to rule on the impeachment. If the reduction in fees is not accepted, the judicial secretary shall proceed in advance with his or her regulation as provided for in Articles 241 and following, unless the lawyer accredits the existence of a prior budget in written accepted by the challenge, and will dictate a decree fixing the amount due, under the award of a prize if it is not paid within five days of the notification.

Such a decree will not be subject to appeal, but will not prejudge, even partially, the sentence that may be placed on subsequent ordinary judgment.

3. If the debtor of the fees does not object within the prescribed period, execution shall be issued for the amount to which the minute amounts. '

Eight. Article 52 (2) and (3) are amended as follows:

" 2. Where the rules laid down in the preceding paragraph do not apply to insurance disputes, sales within the time limit of personal property and contracts intended to be financed, as well as in the case of contracts for the provision of services or relating to movable property whose celebration has been preceded by a public offer, the court of the domicile of the insured, purchaser or borrower or the domicile of the person who has accepted the offer, respectively, or the person who has accepted the offer, shall be competent. corresponds in accordance with the rules of Articles 50 and 51, at the choice of the claimant.

3. Where the rules of the preceding paragraphs do not apply to disputes arising from the exercise of individual consumer or user actions, the court of its domicile or the user shall be competent, at the choice of the consumer or the user. a corresponding court in accordance with Articles 50 and 51. '

Nine. Article 64 (1) is amended, which is worded as follows:

" 1. The decline will be proposed within the first ten days of the deadline to respond to the request, and will have the effect of suspending, until resolved, the deadline to answer and the course of the main procedure, suspension that declare the judicial secretary. "

Ten. Article 77 (1) is amended as follows:

" 1. Subject to the provisions of Article 555 of this Law on the accumulation of execution processes, only the accumulation of declarative processes shall be carried out which are substantiated by the same formalities or whose processing can be unified without loss of rights. procedural, provided that any of the causes expressed in this chapter are present.

It will be understood that there is no loss of procedural rights when the accumulation of an ordinary trial and a verbal judgment are agreed, which will continue through the proceedings of the ordinary trial, ordering the court in the order for which agrees to the accumulation, and if necessary, to roll back to the moment of response to the demand the actions of the verbal judgment that has been accumulated, in order to follow the procedures foreseen for the ordinary judgment. "

Once. Article 80 is amended as follows:

" Article 80. Accumulation of processes in verbal judgment.

In verbal judgments, the accumulation of proceedings pending before the same court shall be governed by the rules of the following Section. "

Twelve. A paragraph 4 is added to Article 130, which is worded as follows:

" 4. The provisions of the above paragraphs shall be without prejudice to what may be established for electronic actions. '

Thirteen. Article 135 is amended as follows:

" Article 135. Submission of written submissions, for the purposes of the time requirement of procedural acts.

1. Where the judicial offices and the subjects involved in a process are obliged to use the telematic or electronic systems existing in the Administration of Justice pursuant to Article 273, they shall forward and receive all the written documents, initiators or not, and other documents through these systems, except for the exceptions provided for in the law, in such a way as to ensure the authenticity of the communication and to be satisfied with the full remission and receipt of the communication, as of the date on which they were made. This will also apply to those involved who, without being obliged, opt for the use of telematic or electronic systems.

Documents and documents may be submitted in electronic form every day of the year for twenty-four hours.

Documents and documents submitted by telematic means shall be issued automatically by the same means, with the expression of the registration number and the date and time of filing, in which they shall be presented for all purposes. Where the filing takes place on a non-working day or time for procedural purposes in accordance with the law, the following working day and hour shall be understood.

For the purposes of testing and compliance with legal requirements requiring the availability of the original documents or of the authentic copies, it shall be as provided for in Article 162.

2. Where the submission of permanent documents by the telematic or electronic means referred to in the preceding paragraph is not possible by an unplanned interruption of the telematic or electronic communications service, the measures to be taken to ensure that the user is informed of this circumstance and of the effects of the suspension shall be provided whenever possible, with the express indication, where appropriate, of the extension of the time limits for imminent expiry. The sender may, in this case, make his presentation at the judicial office on the first working day following the supporting evidence of such interruption.

In cases of planned interruption, you must announce yourself in advance, informing of the alternative means of filing that may be made in such cases.

3. If the telematic or electronic communications service is insufficient for the submission of the documents or documents, it shall be submitted in electronic form to the judicial office on that day or on the following working day, together with the the server issued by the server to have tried the presentation without success. In such cases, receipt of receipt will be delivered.

4. Without prejudice to the foregoing, the documents and documents shall be presented on paper where the data subjects are not obliged to use the telematic means and have not opted for it, where they are not capable of conversion in format electronic and in the other cases provided for in the laws. These documents, as well as the instruments or effects accompanying them shall be deposited and guarded in the file, of management or definitive, of the judicial office, at the disposal of the parties, assigned to them a number of order, and leaving constancy in the electronic file of their existence.

In the event of the filing of written documents and documents, the official designated for this purpose shall affix to the written initiation of the proceedings and of any other whose filing is subject to a period of time. the corresponding stamp on which the court office is to be registered and the date and time of the filing.

5. The submission of written documents and documents, whatever the form, if it is subject to a time limit, may be made up to 15 hours on the working day following the expiry of the time limit.

In proceedings before the civil courts, the filing of written submissions in the court that provides the on-call service shall not be permitted. "

Fourteen. Article 146 (3) is amended, which is worded as follows:

" 3. The courts may use technical means of documentation and archiving of their actions and of the documents and documents they receive, with the guarantees referred to in Article 135 (1) of this Law. They may also employ technical means of monitoring the state of the processes and statistics relating to them. "

Fifteen. The first paragraph of Article 147 is amended, which is worded as follows:

" The oral proceedings in hearings, hearings and hearings held before the judges or magistrates or, where appropriate, before the judicial secretaries, shall be recorded in support suitable for the recording and reproduction of the sound and the image and cannot be transcribed. "

Sixteen. Article 151 (2) is amended as follows:

" 2. The acts of communication to the Prosecutor's Office, to the State Advocate, to the Letters of the General Courts and the Legislative Assemblies, or to the Legal Service of the Administration of Social Security, to the other public administrations of the Autonomous Communities or of the Local Authorities, as well as those engaged in the service of notifications organized by the Colleges of Attorneys, shall be carried out on the following working day at the date of receipt, Record of the diligence or the proof of receipt of the receipt when the act of communication is has carried out by the means and with the requirements laid down in Article 162. Where the act of communication is sent after 3 p.m., it shall be received on the following working day. '

seventeen. Article 152 is amended as follows:

" Article 152. Form of the acts of communication. Response.

1. The acts of communication shall be carried out under the direction of the judicial secretary, who shall be responsible for the proper organisation of the service. Such acts shall be implemented by:

1. The officials of the Judicial Auxiliary Corps.

2. º The procurator of the requesting party.

For this purpose, in any written form, the applicant shall, in writing that he or she initiate a judicial procedure, or another instance, express if it is in the interest of all the acts of communication to be carried out by his/her attorney. If nothing is manifested in this regard, the judicial secretary will give course to the cars, performing such acts by the officials of the Judicial and Auxiliary Corps. They shall also be carried out by the latter if the defendants, executed or under appeal, do not expressly request in their letter of personation to be carried out by their procurator or if the parties are beneficiaries of the right of legal assistance. free.

The applicants may, in a reasoned and fair manner, request the modification of the initial regime, proceeding the judicial secretary, if he considers it justified, to carry out the successive acts of communication as to the new request.

These acts of communication shall be validly carried out when in due diligence sufficient evidence of having been practiced in the person, at the address, in the electronic address enabled for the purpose, by electronic appearance or by the telematic or electronic means chosen by the recipient.

For these purposes, the Attorney General shall, under his responsibility, certify the identity and condition of the recipient of the act of communication, taking care that the copy is a true record of the reception, of its date and time and of the content of the statement.

2. Acts of communication shall be carried out by electronic means where the subjects involved in a process are obliged to use the telematic or electronic systems existing in the Administration of Justice under Article 273, or where, without being obliged, they opt for the use of those means, subject, in any case, to the provisions contained in the regulatory rules for the use of information and communication technologies in the administration of Justice.

However, the acts of communication shall not be carried out by electronic means where the act is accompanied by elements which are not capable of conversion in electronic form or the law so provides.

The recipient will be able to identify an electronic device, simple messaging service or an e-mail address that will serve to inform you of the provision of an act of communication, but not for the practice of notifications. In such a case, regardless of the manner in which the act of communication is carried out, the judicial office shall send the said notice. The lack of practice of this notice shall not prevent the notification from being considered as fully valid.

3. The acts of communication shall be carried out in one of the following forms, as provided for in this Law:

1. Through procurator, dealing with communications to those who are personated in the process with representation of the one.

2. Issuance of what is to be communicated by mail, telegram, e-mail or any other electronic means that allows to leave in the cars record of the reception, of its date and time and of the content of the statement.

3. Indelivery to the addressee of the literal copy of the decision to be notified of the order of the court or the judicial secretary to direct you, or of the subpoena or placement card.

4. In any case, by the staff at the service of the Administration of Justice, through telematic means, in the case of the Prosecutor's Office, the State Bar, the Letters of the General Courts and the Legislative Assemblies, or the Legal Service of the Administration of Social Security, of the other public administrations of the Autonomous Communities or of the Local Authorities, if they do not have a designated prosecutor.

4. The document shall clearly state the judicial nature of the document, and shall express the court or judicial secretary who has given the decision and the case in which the person is referred to, the name and surname of the person to whom the summons is issued or (a) location and the place, day and time at which the said person is required to appear, or the time within which the action to which the site relates, with the information referred to in Article 1 (2), must be completed; prevention of effects which, in each case, the law establishes.

5. In the case of notifications, citations and sites, no reply from the person concerned shall be admitted or entered, unless it has been sent. In the requirements, the answer to the requirement shall be accepted, which is succinctly recorded in the diligence. "

Eighteen. Article 154 (2) is amended, which is worded as follows:

" 2. The referral and receipt of the acts of communication with the procurators in this service shall be carried out, except for the exceptions provided for in the law, by the telematic or electronic means and with the proof of their receipt to be refers to Article 162.

If the act is to be performed on paper, the copy of the resolution or the cedula will be sent to the service, in duplicate, from which the prosecutor will receive one copy and sign another one, which will be returned to the judicial office. by the service itself. "

nineteen. Article 155 (2) is amended, which is worded as follows:

" 2. The address of the claimant shall be the address of the application or the request or application for the initiation of the proceedings. The claimant shall also designate, as the address of the defendant, for the purposes of the first location or summons of the defendant, one or more of the places referred to in the following paragraph of this Article. If the claimant designates several places as addresses, it shall indicate the order by which the communication can be successfully carried out.

In addition, the plaintiff must indicate how much data the defendant knows and which may be useful for the location of the defendant, such as telephone, fax, e-mail address or similar numbers, to be used with subject to the provisions of Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice.

The defendant, once compared, may designate, for subsequent communications, a different address. "

Twenty. Article 159 (1) is amended, which is worded as follows:

" 1. Communications to be made to witnesses, experts and other persons who, without being a party to the judgment, are required to intervene, shall be referred to their addressees in accordance with the provisions of Article 160 (1). The referral shall be made to the address designated by the interested party and the findings referred to in Article 156 may be made, where appropriate. Such communications shall be carried out by the procurator of the party who has proposed them, if he so requested. "

Twenty-one. Article 161 is amended as follows:

" Article 161. Communication by means of copy of the resolution or of cedula.

1. The delivery to the addressee of the communication of the copy of the decision or of the transfer shall be made at the seat of the court or at the address of the person to be notified, required, cited or placed, without prejudice to the provisions of the scope of the execution.

Delivery shall be documented by means of diligence that shall be signed by the official or Procurator who carries it out and by the person to whom it is made, the name of which shall be entered.

2. When the addressee of the communication is found at the address and refuses to receive the copy of the resolution or the cedula or does not wish to sign the accrediting diligence of the delivery, the official or procurator who takes up his practice will let him know that the copy of the resolution or the cedula is at its disposal in the judicial office, producing the effects of the communication, all of which will be recorded in the diligence.

3. If the address where the communication is intended to be carried out is the place where the addressee is domiciled in accordance with the municipal register, or for tax purposes, or according to the official register or publications of professional associations, or housing or local leased to the defendant, and no such consignee shall be found there, the delivery, in closed, to any employee, family member or person with whom he lives, over fourteen years, who is in that place, or to the janitor of the estate, if you have it, warning the recipient that he is obliged to deliver the copy of the resolution or transfer to the recipient of the resolution, or to give notice, if it knows its whereabouts, in any case warning the recipient of his or her responsibility for the protection of the data of the recipient.

If the communication is addressed to the non-occasional place of work of the addressee, in the absence of the addressee, the delivery shall be made to a person who manifests himself or, if there is a dependency in charge of receiving documents or objects, who are in charge of it, with the same warnings from the previous paragraph.

Diligence shall include the name of the person to whom the communication is addressed and the date and time at which it was sought and not found at its address, as well as the name of the person receiving the copy of the decision. or the transferor and the relationship of that person to the recipient, producing all of its effects the communication thus made.

4. In the event that no one is found at the address to which a communication act is being carried out, the judicial secretary, official or procurator, shall endeavour to ascertain whether the addressee lives there.

If you no longer reside or work at the registered office and some of the persons consulted knew the current one, this will be recorded in the negative diligence of communication, proceeding to the realization of the act of Communication at the address provided.

If the defendant's domicile cannot be known by this means and the claimant has not designated other possible addresses, it shall be carried out in accordance with Article 156. "

Twenty-two. Article 162 is amended as follows:

" Article 162. Acts of communication by electronic, computer and similar means.

1. Where the judicial offices and the parties or the addressees of the acts of communication are obliged to send and receive them by electronic means, telematic, infottal or other similar means, enabling the sending and the receipt of written documents and documents, in such a way as to ensure the authenticity of the communication and its content and to be satisfied with the full reference and reception of the documents and the moment they were made, or when the addressees opt by these means, the acts of communication shall be carried out by those, with the safeguard accreditable of its receipt, as appropriate.

Professionals and recipients who are obliged to use these means, as well as those who opt for them, must inform the judicial offices of the fact that they have the means indicated above and the electronic address enabled for that purpose.

The Ministry of Justice shall also provide an electronically accessible register of the means indicated and the addresses of the public and professional bodies required to use them.

2. In any of the cases referred to in this Article, where the act of communication is correctly referred to by those technical means, except those carried out through the service of notifications organised by the Colleges. For the purpose of this Regulation, the Commission shall, in accordance with Article 3 (1) of Regulation (EU) No 32014, provide the following information

Except for cases where the recipient justifies the lack of access to the notification system during that period. If the lack of access was due to technical reasons and these would persist at the time of bringing them to knowledge, the act of communication shall be carried out by means of a copy of the resolution. In any event, the notification shall be deemed to be validly received at the time of the possibility of access to the system. However, if the time has elapsed but before the communication is made by delivery, the communication shall be validly understood on the date on which the certificate of receipt of its receipt is lodged.

No acts of communication shall be carried out for professionals by electronic means during the days of August, unless they are competent for the appropriate actions.

3. Where the authenticity of decisions, documents, opinions or reports submitted or transmitted by the means referred to in the preceding paragraph may be recognised or verified only by direct examination or by other procedures, may, however, be submitted in electronic form by means of digitised images of the same, in the form provided for in Articles 267 and 268 of this Law, but, if any of the parties, the court in the family proceedings, incapacity or filiation, or the Prosecutor's Office, so request, those in his or her supporting paper, in the period or procedural time to which it is indicated. "

Twenty-three. The first paragraph of Article 164 is amended, which is worded as follows:

" Where, where applicable, the findings referred to in Article 156, the address of the addressee of the communication cannot be known, or where the communication with all its members cannot be completed or carried out. effects, in accordance with the provisions laid down in the preceding Articles, or where, in the case referred to in Article 157 (2), the judicial secretary, who has entered these circumstances, shall send the communication setting out the copy of the judgment or the card in the notice board of the judicial office in accordance with Law 18/2011, of 5 July, regulating the use of information and communication technologies in the Administration of Justice, safeguarding in any case the rights and interests of minors, as well as other rights and freedoms that could be affected by the advertising of the same. Such advertising may be replaced, in the terms which are determined by law, by the use of other telematic, computer or electronic means. "

Twenty-four. Article 165 is amended as follows:

" Article 165. Acts of communication through judicial assistance.

Where the acts of communication are to be carried out by a court other than that which has been ordered, the dispatch shall be transmitted by means of the judicial system, except for the cases in which it is to be carried out in support paper by means of the act accompanied by elements which are not capable of being converted in electronic form, and the corresponding copy or cedula shall be accompanied and the rest, in each case, as appropriate.

These acts of communication shall be completed within a period not exceeding twenty days, counted from their receipt, and shall be returned in accordance with the provisions of the preceding paragraph. Where they are not made in the time indicated, for which the judicial secretary shall be required to comply with them, the causes of the delay shall be expressed, where appropriate.

Such acts may be carried out, at the request of a party, by a prosecutor, taking charge of their compliance on the same terms and deadlines as set out in the preceding paragraph. "

Twenty-five. Article 167 (1) is amended, which is worded as follows:

" 1. The commandments and trades shall be sent directly by the judicial secretary who requests them to the authority or official to be addressed, the means provided for in Article 162 being used.

However, if they so request, the parties may personally carry out the commandments and trades. "

Twenty-six. Article 172 (1), (2) and (3) are amended as follows:

" 1. The exhorts shall be sent directly to the requested body by means of the judicial system or any other telematic or electronic means, except for the cases in which the act must be carried out in support of the act accompanied by elements which are not capable of conversion in electronic format.

In any case, the system used shall ensure the constancy of the referral and receipt of the EEW.

2. Without prejudice to the foregoing, if the party to which the application of the EEW wishes so requests, it shall be handed over to him under his responsibility, so that he may present it in the requested body within the following five days. In this case, the EEW shall express the person who is in charge of its management, who may only be the litigant or prosecutor appointed.

3. The other parties may also appoint procuratorate when they wish to have notified resolutions for compliance with the EEW. The same may be done by the party concerned in the enforcement of the EEW, where it has not requested that it be delivered for the purposes set out in the previous paragraph. Such designations shall be entered in the documentation of the EEW. "

Twenty-seven. Article 175 is amended as follows:

" Article 175. Return of the EEW.

1. The EEW shall be completed, communicated to the exhortor as provided for in Article 172 (1).

2. The judicial relief proceedings, if they cannot be sent on a telematic basis, shall be sent by registered post or given to the litigant or the prosecutor entrusted with the management of the EEW, who shall present them in the Urging organ within the next ten days. "

Twenty-eight. Article 243 (2) is amended, which is worded as follows:

" 2. The assessment shall not include the rights relating to written and action which is useless, superfluous or not authorised by law, nor the items of the minutes which are not expressed in detail or which relate to fees which are not have become due in the process.

Nor shall the rights of the procurators accrued for the performance of the procedural acts of communication, cooperation and assistance to the Administration of Justice, as well as the other, be included in the assessment of costs. purely optional actions which could have been carried out, in other cases, by the judicial offices.

The Registrar shall reduce the amount of the fees of lawyers and other professionals who are not subject to tariff or tariff, where the claimants exceed the limit referred to in Article 394 (3) and not the fear of the litigant has been declared on the coast.

In the costs assessments, attorney fees and attorney's rights will include the Value Added Tax in accordance with the provisions of the law that regulates it. The amount of such tax shall not be calculated for the purposes of Article 394 (3). "

Twenty-nine. Article 255 (3) is amended, which is worded as follows:

" 3. In the verbal judgment, the defendant shall contest the amount or class of judgment by reason of the amount in the defence to the claim, and the court shall settle the matter in the hearing before it enters the substance of the case and after the hearing of the court actor. "

Thirty. Article 259 (2) is amended, which is worded as follows:

" 2. The documents and titles referred to in the proceedings referred to in Article 256 (1) may be submitted to the court for display by telematic or electronic means, in which case their examination shall be carried out at the headquarters of the judicial office, being able to obtain the requesting party, with the means it provides, electronic copy of the same.

In any case, the applicant may be advised by an expert on the subject, who shall always act at the expense of the applicant. "

Thirty-one. Article 260 (1) is amended, which is worded as follows:

" 1. Within five days of receipt of the summons, the person required for the practice of preliminary proceedings may oppose them. In such a case, the opposition shall be moved from the opposition to the applicant, who may contest it in writing within five days. The parties, in their respective letters of opposition and of their opposition, may request the holding of the hearing, following the procedures provided for in the oral proceedings. "

Thirty-two. Article 264 is amended, which is worded as follows:

" Article 264. Procedural documents.

With the demand or response, you must present:

1. º The power of attorney conferred on the attorney general whenever the attorney is involved and the representation is not given any act.

2. º Documents that accredit the representation that the litigant is attributed to.

3. The documents or opinions that demonstrate the value of the litigious thing, for the purposes of competence and procedure. "

Thirty-three. Article 265 (4) is deleted and paragraph 3 of that provision is amended, which is worded as follows:

" 3. By way of derogation from the foregoing paragraphs, the actor may present at the pretrial hearing, or in the view of the oral judgment, the documents, means, instruments, opinions and reports relating to the substance of the case, the interest of which or relevance is apparent only as a result of claims made by the defendant in the defence of the claim. '

Thirty-four. Article 273 is amended as follows:

" Article 273. Form of presentation of the documents and documents.

1. All legal practitioners are obliged to use the telematic or electronic systems existing in the Administration of Justice for the submission of documents, initiators or not, and other documents, in such a way as to guaranteed the authenticity of the presentation and shall be satisfied with the full remission and receipt, as well as the date on which they were made.

2. Persons who are not represented by procuratorate may choose at all times whether they act before the Administration of Justice through electronic means or not, unless they are obliged to relate through electronic means with the same. The chosen medium may be modified at any time.

3. In any case, they will be obliged to intervene through electronic means with the Administration of Justice, at least the following subjects:

a) Legal persons.

b) Entities without legal personality.

(c) Those who carry out a professional activity for which compulsory tuition is required for the procedures and actions they carry out with the Administration of Justice in pursuit of such professional activity.

d) Notaries and loggers.

e) Those who represent an individual who is required to interact electronically with the Administration of Justice.

f) Officials of the Public Administrations for the procedures and actions they perform on the basis of their position.

4. The documents and documents submitted by telematic or electronic means shall indicate the type and number of files and year to which they relate and shall be duly foliated by means of an electronic index allowing their due location and consultation. The presentation will be carried out using a recognized electronic signature and will be adapted to the provisions of Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice.

Only written and electronic documents and documents that give rise to the first location, summons or requirement of the defendant or executed, must be provided on paper, in the three days following, as many literal copies as the other parts.

5. Failure to comply with the duty of use of the technologies provided for in this Article or of the technical specifications to be established shall entail a maximum period of five days for the Registrar to be granted. If it is not remedied within this period, the documents and documents shall not be submitted for all purposes.

6. Without prejudice to the provisions of this Article, paper and documents shall be presented on paper when expressly provided by law.

Of all written and any documents that are provided or present on paper and in the views will be accompanied by as many literal copies as the other parts. "

Thirty-five. Article 274 is amended as follows:

" Article 274. Transfer by the judicial office of copies to other interested parties, where no procurators are involved.

When the parties are not represented by procurator, they shall sign copies of the documents and documents they submit, in response to their accuracy, and such copies shall be delivered by the judicial secretary to the party or parties. contrary.

If the presentation is made by means of telematic means to be obliged or to have opted for it, provided that they meet the required budgets and requirements, the transfer of the copies to the other parts will be carried out by the office judicial by the means appropriate. "

Thirty-six. Article 276 is amended as follows:

" Article 276. Moving copies of documents and documents when you intervene.

1. Where the parties are represented by procurator, each of them shall transfer to the procurators of the other parties copies of the documents and documents which it submits to the court.

2. The transfer of copies of the written documents and documents submitted in a telematic form shall be carried out by telematic means at the same time as the presentation and shall be understood as being made on the date and time recorded in the proof of his/her presentation. In the event that the transfer takes place on a non-working day and time for procedural purposes in accordance with the law, the following working day and hour shall be understood.

3. In the case of paper-based presentation of paper in accordance with Article 135 (4), the procurator shall carry out the copies of the written and written copies of the documents in a telematic manner prior to the procurators of the other parties. documents to be submitted to the court.

4. The provisions of the foregoing paragraphs of this Article shall not apply in the case of the transfer of the claim or any other document which may give rise to the first appearance in judgment. In such cases, the procurator shall accompany copies of such writings and of the documents accompanying them and the judicial secretary shall carry out the transfer in accordance with the provisions of Articles 273 and 274 of this Law. If the procurator omitiers the filing of these copies, the written submissions shall be made to the unsubmitted documents or to the documents for which they are not provided, for all purposes. "

Thirty-seven. Article 278 is amended as follows:

" Article 278. Effects of the transfer with respect to the course and time-limits.

Where the act of transfer in the form laid down in Article 276 determines, in accordance with the law, the opening of a period for the conduct of proceedings, the time limit shall commence without intervention by the (a) court and shall be taken into account from the day following the date on which the copies delivered or the date on which the shipment is understood to have been made available when the technical means referred to in Article 135 are used. '

Thirty-eight. Article 285 (2) is amended, which is worded as follows:

" 2. Against the judgment which admitts or inadmissible each of the tests shall only be the use of reorder, which shall be substantiated and resolved in the act, and, if it is dismissed, the party may express protest to the effect of asserting its rights in the second instance. "

Thirty-nine. Article 320 (1) and (2) are amended as follows:

" 1. If the authenticity of a public document is contested, so that it can be fully tested, it will proceed as follows:

1. The copies, certifications or verified testimonials will be collated or checked with the originals, wherever they are, whether they have been presented on paper or electronic, computer or digital.

2. º The policies intervened by the collegiate trade corridor will be checked with the seats of your Book Register.

2. The collation or verification of the public documents with their originals shall be carried out by the judicial secretary, constituting the effect on the file or premises where the original or the parent is located, in the presence, if any, of the parties and their advocates, which will be cited to the effect.

If the public documents are in electronic form, the collation with the originals will be practiced by the judicial clerk in the judicial office, in the presence, if present, of the parties and their defenders, who will be cited for this purpose. "

Forty. Article 333 is amended as follows:

" Article 333. Extracting copies of documents other than written texts.

In the case of drawings, photographs, sketches, drawings, maps and other documents that do not predominantly incorporate written texts, if only the original one exists, the party may request that the exhibition be obtained from the presence of the judicial secretary, who will attest to be faithful and exact reproduction of the original.

If these documents are provided electronically, copies made by electronic means by the judicial office will be considered as authentic copies. "

Forty-one. Paragraphs 1 and 4 are amended and a new paragraph 5 is added to Article 336, which is worded as follows:

" 1. The opinions of the litigants, drawn up by experts appointed by them, and which they consider necessary or appropriate for the defence of their rights, shall provide them with the application or the defence, without prejudice to the provisions of the in Article 337. "

" 4. The defendant who is unable to provide written opinions with the answer to the application must justify the impossibility of asking for them and obtain them within the time limit for replying.

5. At the request of a party, the court or tribunal may agree that the defendant may be permitted to examine, by means of a lawyer or expert, matters and places which are relevant to his or her defence or to the preparation of the reports. The person who intends to present. In addition, in the case of claims for personal injury, you may urge the actor to allow his/her examination by an optional, in order to prepare an expert report. "

Forty-two. Article 338 (2) is amended, which is worded as follows:

" 2. Opinions whose need or usefulness is raised by the defence to the application or by the alleged and alleged in the pre-trial hearing shall be provided by the parties for transfer to the contrary at least five days in advance. to the conclusion of the judgment or of the hearing, by stating the parties to the court if they consider it necessary for the expert to be present in that judgment or for the expert opinion, with the expression of what is stated in Article 337 (2).

The court may also agree in this case on the presence of the experts in the trial or hearing in the terms set out in paragraph 2 of the previous article. "

Forty-three. The first three paragraphs of Article 339 are amended, which are worded as follows:

" 1. If any of the parties were entitled to the right of free legal assistance, they would not have to bring the expert opinion, but merely announce it, with the request or the reply, for the purposes of the judicial designation of expert, in accordance with the provisions of the Law on Free Legal Assistance.

2. The claimant or the defendant, even if they are not in the case of the previous paragraph, may also request in their original written submissions that the judicial designation of the expert be made, if they are appropriate or necessary for their interests. the issue of the expert report. In such a case, the court shall proceed to the designation. That opinion shall be at the expense of the person who has requested it, without prejudice to what may be agreed on costs.

Except as to claims or claims not contained in the application, the expert report prepared by a judicial expert may not be requested after the application or the defence.

The judicial designation of the expert shall be made within five days of the submission of the response to the complaint, regardless of who has requested such a designation. Where both parties have initially requested it, the court may designate, if they are in conformity, a single expert issuing the requested report. In such a case, the payment of the fees of the expert shall be carried out by equal parties to both litigants, without prejudice to what may be agreed on the costs.

3. In the ordinary judgment, if, as a result of the additional claims or claims allowed in the hearing, the parties seek, as provided for in Article 427 (4), the designation by the court of an expert to rule, agree to this, provided that the opinion is relevant and useful.

The same may be done by the court in the case of a verbal judgment and the parties seek in the expert's appointment, in which case the court will be interrupted until the opinion is delivered. "

Forty-four. Article 346 is amended as follows:

" Article 346. Issuance and ratification of the opinion by the expert that the court designates.

The expert that the court will appoint will issue in writing its opinion, which will make it by electronic means to the court within the time limit that has been indicated to it. This opinion shall be forwarded by the Registrar to the parties in case they consider it necessary for the expert to attend the trial or the hearing for the purposes of providing the clarifications or explanations which are appropriate. The court may, in any case, agree by means of providence that the presence of the expert in the judgment or hearing is necessary to better understand and assess the opinion. "

Forty-five. Article 382 (1) is amended as follows:

" 1. The parties may propose as a means of proof the reproduction before the court of words, images and sounds captured by means of filming, recording and other like. When proposing this test, the party must accompany, if necessary, a written transcript of the words contained in the support in question and that are relevant to the case. "

Forty-six. The second subparagraph of Article 383 (1) shall be deleted, which shall be read as follows:

" 1. The acts carried out pursuant to the previous Article shall be taken up in the appropriate minutes, where it shall be recorded as necessary for the identification of the filming, recordings and reproductions carried out, as well as, where appropriate, the supporting evidence and opinions or the evidence provided. "

Forty-seven. Article 415 (1) is amended, which is worded as follows:

" 1. The court shall declare the act open and check whether the dispute between the parties has been opened.

If they have agreed to an agreement or are willing to conclude it immediately, they may desist from the process or request the court to approve the agreement.

The parties to the agreement may also request the suspension of the process in accordance with the provisions of Article 19 (4) for mediation.

In this case, the court will examine previously the concurrence of the requirements of legal capacity and the power of disposition of the parties or their duly accredited representatives, who attend the event. "

Forty-eight. Article 429 (1) is amended, which is worded as follows:

" 1. If there is no agreement by the parties to terminate the dispute or the facts are in conformity, the hearing will continue for the proposal and admission of the test.

The test will be proposed in a verbal manner, without prejudice to the obligation of the parties to contribute in the detailed written act of the same, being able to complete it during the hearing. Failure to submit such a statement shall not give rise to the admission of the test, which shall be conditional upon it being submitted within the following two days.

When the court finds that the evidence proposed by the parties may prove insufficient for the clarification of the facts at issue, it shall show the parties indicating the fact or facts which, to their Judgment, could be affected by the evidentiary insufficiency. When carrying out such a demonstration, the court shall, in addition to the evidence of the existence of such evidence, also point out the evidence or evidence which it considers appropriate.

In the case referred to in the preceding paragraph, the parties may complete or amend their test proposals in the light of what the court has stated. "

Forty-nine. Article 437 is amended as follows:

" Article 437. Form of the claim. Objective and subjective accumulation of actions.

1. The verbal judgment shall be based on demand, with the content and form of the ordinary judgment, and the provisions of the judgment in the case of precluding of claims and litigations are also applicable.

2. However, in the case of verbal judgments in which the lawyer and the prosecutor are not acting, the claimant may make a succinct request, where the particulars and circumstances of identification of the actor and the defendant and the domicile or the address are entered. addresses where they can be cited, and the precise and precise details of the basic facts on which the request is based will be set out clearly and precisely.

To this end, standard forms may be filled in, which shall be at their disposal in the relevant court.

3. If the application is made for the eviction of an urban property due to the lack of payment of the rent or the amount due to the landlord, or due to the legal or contractual expiry of the period, the plaintiff may announce in it that he assumes the commitment to write to the lessee all or part of the debt and the costs, with the expression of the specific quantity, conditioning the voluntary eviction of the estate within the period specified by the lessor, which may not be less than the period of 15 days since the demand is notified. It may also be in the interest of the application for the execution of the launch at the date and time to be fixed by the court for the purposes referred to in Article 549 (3).

4. The objective accumulation of shares shall not be permitted in verbal judgments, except for the following exceptions:

1. The accumulation of actions based on the same facts, whenever appropriate, in any case, the verbal judgment.

2. The accumulation of the action of damages and damages to another action that is a reference to it.

3. The accumulation of shares in claims of income or similar amounts due and unpaid, in the case of trials of farm evictions for non-payment or for legal or contractual expiration of the period, with independence of the amount to be claimed. Also, the actions exercised against the guarantor or guarantor of solidarity prior to the requirement of payment not satisfied may also be accumulated.

4. In the proceedings of separation, divorce or nullity and in which they are intended to obtain the civil effectiveness of the decisions or ecclesiastical decisions, any of the spouses may simultaneously exercise the division of the common thing with respect to the goods that they have in ordinary community. If there are various goods under the ordinary undivided community and one of the spouses so request, the court may consider them as a whole for the purposes of forming lots or awarding them.

5. The actions that one has against a number of persons or several against one may be cumulated provided that the requirements laid down in Article 72 and in Article 73 (1) are met. '

Fifty. Article 438 is amended as follows:

" Article 438. Admission of the application and defence. Counterclaim.

1. The judicial secretary, who is examining the application, shall admit it by decree or shall give the court in the cases of Article 404 to the court to resolve the matter. The application shall be admitted to the defendant in writing within ten days in accordance with the provisions of the ordinary judgment. If the defendant does not appear within the period granted, it shall be declared in absentia in accordance with Article 496.

In cases where it is possible to act without a lawyer or a prosecutor, this will be indicated in the decree of admission and the defendant will be informed that they are at his disposal in the court of standard forms that he can employ for the response to the demand.

2. In no case shall counterclaim be admitted in the oral judgments which, according to the law, must be terminated by judgment without the effects of res judicata.

In other verbal judgments, the counterclaim shall be admissible if it does not determine the impropriety of the verbal judgment and there is a connection between the claims of the counterclaim and those that are the subject of the principal claim. The counterclaim shall be governed by the rules laid down in the ordinary judgment, except for the time limit for its reply which shall be ten days.

3. The defendant may object in the defence to the claim for a compensable claim, the provisions of Article 408 being applicable. If the amount of such credit is higher than that determined by the verbal judgment, the court will have no such allegation in the hearing, thus warning the defendant, to use his right before the court and the proceedings which he correspond.

4. The defendant, in its defence, must, necessarily, decide on the relevance of the holding of the hearing. The applicant must also give its opinion within three days of the transfer of the defence. If neither party requests it and the court does not consider it appropriate, it shall give judgment without further formalities.

In any case, it will be sufficient for one of the parties to request it so that the judicial secretary can indicate day and time for its celebration, within the next five days. However, at any subsequent time, prior to the conclusion of the hearing, either party may depart from its request on the grounds that the discrepancy concerns a matter or a purely legal matter. In this case, the other party shall be transferred for the period of three days and, after which, if no arguments or opposition have been made, the final orders for the judgment shall be left if the court so considers. '

Fifty-one. The heading and Article 440 (1) are amended, which are worded as follows:

" Article 440. Citation for the view.

1. If the claim is answered and, where appropriate, the counterclaim or the credit compensable, or after the relevant time-limits, the judicial secretary shall, where it is to be held in accordance with the provisions of Article 438, cite the parties to such a request. end within the next five days. The view must take place within the maximum period of one month.

The citation will set the day and time at which the hearing is to be held, and the parties will be informed of the possibility of using a negotiation to try to resolve the conflict, including the use of a mediation, in where the case is indicated in the light of your decision and the reasons for the decision.

In the citation it will be stated that the view will not be suspended for the inattendance of the defendant and the litigants will be warned that they will contest with the means of proof that they try to be worth, with the prevention that if not The facts of the examination may be considered to be admissible and shall be proposed and admissible, in accordance with the provisions of Article 304. The applicant shall also be prevented from appearing in accordance with Article 442, in the event that they do not appear in the hearing.

The summons shall also indicate to the parties that, within five days of receipt of the summons, the persons who, for not being able to present them themselves, must be mentioned by the Secretary The Court of Justice of the European Court of Justice of the European Union To this end, they shall provide all the necessary data and circumstances to carry out the summons. Within the same period of five days, the parties may request written replies from legal persons or public entities, for the formalities laid down in Article 381. "

Fifty-two. Article 441 is amended as follows:

" Article 441. Special cases in the initial processing of verbal judgment.

1. Where the application is lodged in the case of Article 250 (1) (3), the Registrar shall call the witnesses proposed by the claimant and, according to his statements, the court shall give the order in which he shall refuse or grant, without prejudice of the best right, the possession requested, carrying out the actions you repudiate to this effect. The order will be published by edicts, which will be inserted in a visible place of the seat of the court, in the Official Gazette of the Province and in one of the newspapers of greater circulation in the same, at the expense of the plaintiff, urging the interested parties (a) to appear and to claim in response to the application within 40 days, if they consider that they are better entitled than the claimant.

If no one appears, the complainant will be confirmed in the possession; but if the complainant is to be brought forward, after he has transferred his writings to the complainant, the judicial secretary will summon the complainant to the In view of this, the actions in the manner set out in the following Articles are further substantiated.

2. If the claim is intended to be judicially resolved, in summary form, the suspension of a new work, the court, even before it is transferred for the defence to the application, shall immediately direct order of suspension to the owner or in charge of the work, which will be able to offer caution to continue it, as well as the realization of the indispensable works to preserve the already built. The court may arrange for judicial, expert or joint recognition to be carried out before the hearing.

The course may be provided in the form provided for in the second subparagraph of Article 64 (2).

3. In the cases of Article 250 (1) (7), as soon as the application is accepted, the court shall take the requested measures which, in the circumstances, are necessary to ensure in any event that the judgment is complied with. recayere.

4. In the case of Article 250 (1) number 10, the court shall order the exhibition of the goods to its holder, under the warning of disobeying the judicial authority, and its immediate preventive seizure, to be secured by deposit, as provided for in this Act. Where, pursuant to Article 250 (1), the provisions of Article 250 (1) are applied, action shall be taken on the grounds of failure to comply with a contract for the leasing, leasing of movable property or contract for sale within a period of time. The court will order the deposit of the goods whose delivery is claimed. The claimant shall not be required to take such precautionary measures, nor shall it be accepted as opposed to the defendant. No requests for modification or replacement of the measures shall be admissible.

In addition to the provisions of the previous paragraph, the judicial secretary will place the defendant for five days in order to be personified in the proceedings, through the attorney general's office, in order to answer the case for some of the reasons. referred to in Article 444 (3). If the defendant ceases to pass the time limit without replying to the application, or if the defendant is based not within the meaning of Article 444 (3), it shall, without further formalities, be handed down to the actor.

When the defendant will answer the claim in accordance with the provisions of the preceding paragraph, the judicial secretary shall cite the parties for the hearing and, if the defendant did not attend the hearing without fair cause or attendance, However, it does not maintain its opposition or shall be founded on the grounds not referred to in Article 444 (3). It shall, without further formalities, dictate the statement of the claims of the actor. In these cases the defendant will also be fined up to a fifth of the value of the claim, with a minimum of one hundred and eighty euros.

Against the judgment given in the cases of absence of opposition referred to in the previous two paragraphs, no recourse shall be given. "

Fifty-three. Article 442 is amended as follows:

" Article 442. Inattendance of the parts in the view.

1. If the claimant is not in sight, and the defendant does not claim legitimate interest in the continuation of the proceedings for a judgment on the substance, the act shall be taken in the act of withdrawal of the claim, the costs incurred shall be imposed on him. and he shall be ordered to indemnify the defendant against whom he has appeared, if he so requests, and shall prove the damages suffered.

2. If the defendant does not appear, the trial shall be held. "

Fifty-four. Article 443 is amended as follows:

" Article 443. View development.

1. The court shall declare the act open and check whether the dispute between the parties has been opened.

If they have agreed to reach an agreement or are willing to conclude it immediately, they will be able to desist from the process or request the court to approve the agreement. The agreement approved judicially will take the effects attributed by the law to the judicial transaction and may be carried out by the procedures provided for the execution of judgments and conventions judicially approved. Such an agreement may be challenged by the causes and in the manner envisaged for the court settlement.

The parties to the agreement may also request the suspension of the process in accordance with the provisions of Article 19 (4) for mediation. In this case, the court will examine in advance the concurrence of the requirements of legal capacity and the power of disposal of the parties or their duly accredited representatives, who attend the event.

When the process for mediation, terminated without agreement, has been suspended, either party may request that the suspension be lifted and a date is set for the continuation of the hearing. In the event of an agreement reached between the parties, the parties must inform the court to order the file of the procedure, without prejudice to the prior application of their judicial approval.

2. If the parties have not reached an agreement or are not prepared to conclude it immediately, the court shall rule on the circumstances which may prevent the valid prosecution and end of the proceedings by judgment on the substance of the case. agreement with articles 416 and following.

3. If the procedural questions referred to in the preceding paragraphs have not been raised or if, in the course of the court, the following of the act is resolved, the parties shall be given the floor to make clarifications and to set the facts on There is a contradiction. If there is no agreement on all of them, the evidence shall be proposed and the evidence accepted shall be followed.

The test proposal of the parties may be completed in accordance with the provisions of Article 429 (1). "

Fifty-five. Article 446 is amended as follows:

" Article 446. Resolutions on testing and resources.

Against the decisions of the court on admission or inadmissibility of evidence only a replacement remedy, which shall be substantiated and resolved in the act, and if it is dismissed, the party may formulate protest to enforce its rights, if any, in the second instance. "

Fifty-six. Article 447 (1), paragraph 1, is amended as follows:

" 1. If the evidence is carried out, the court may give the parties a speaking time to make oral conclusions. The hearing will then be terminated and the court will give judgment within the next ten days. The oral judgments in which the eviction of the urban estate is requested are excepted, in which the sentence will be handed down within the next five days, convening in the act of the sight to the parties to the seat of the court to receive the notification if not are represented by procurator or should not be carried out by telematic means, which shall take place on the nearest day within the five following of the sentence. "

Fifty-seven. Article 514 (1) and (2) are amended as follows:

" 1. Filed and admitted to the review request, the judicial secretary will request that all proceedings of the suit whose sentence is contested be referred to the court, and shall place as many as in the court, or its successors in title, so that of the 20-day period to answer the claim, holding whatever is appropriate to your right.

2. If the request for review has been answered or the previous period has elapsed without having done so, the judicial secretary shall summon the parties to a hearing which shall be substantiated in accordance with the provisions of Articles 440 and following. "

Fifty-eight. The numeral 1. of Article 525 (1) is amended, which is worded as follows:

" 1. The judgments given in the proceedings concerning paternity, maternity, filiation, marriage annulment, separation and divorce, capacity and marital status, opposition to administrative decisions in matters of protection of minor, as well as measures relating to the return or return of minors in the cases of international abduction and honorific rights, with the exception of the pronouncements governing the obligations and relationships relating to what is the main object of the process. "

Fifty-nine. Article 540 is amended as follows:

" Article 540. Performer and executed in succession cases.

1. The execution may be released or continued in favour of the person who accredits being the successor of the executive title and against whom it is credited that he is the successor to whom in that title he appears as executed.

2. In order to prove the succession, for the purposes of the preceding paragraph, the court shall be required to provide the court with the evidence. If the court considers them sufficient for such purposes to satisfy the conditions required for its validity, it shall, without further formalities, issue the execution in favour or in respect of the person to whom it appears to be a successor by reason of the documents presented.

In the event that the execution has already been issued, the succession will be notified to the executed or executing, as appropriate, continuing the execution in favor of or against whom it will be a successor.

3. If the succession does not consist of feisty documents or the court shall not consider them sufficient, it shall send the judicial secretary to transfer the request which results in the execution or execution of which the succession has occurred, executed or enforceable in the title and who is intended to be his successor, giving them a hearing for the period of 15 days. If the claims have been made or the period has elapsed without them having been made, the court shall decide on the succession to the sole effect of the dispatch or prosecution of the execution. '

Sixty. Article 551 (3), paragraph 3, is amended as follows:

" 3. The content of the order of payment to be made to the debtor, in cases where the law establishes this requirement, and if it is carried out by officials of the Judicial and Auxiliary Corps or the prosecutor of the executing, if requested. "

Sixty-one. Article 552 is worded as follows:

" 1. If the court finds that the legally required budgets and requirements for the dispatch of the execution are not present, it shall decide to refuse the dispatch of the execution.

The court will examine ex officio whether any of the clauses included in an executive title referred to in Article 557.1 may be qualified as abusive. When I appreciate that some clause can be qualified as such it will give a hearing for fifteen days to the parties. Hearing these, it shall agree on the matter within five working days as provided for in Article 561.1.3

2. The order to refuse the execution of the execution shall be directly appable, with the appeal only with the creditor. The creditor may also, at his/her choice, attempt to seek redress prior to the appeal.

3. Once the order has been signed by the creditor, the creditor may only assert his rights in the ordinary proceedings, if he does not obtain the judgment or final judgment in which the judgment was founded. demand for execution. "

Sixty-two. Article 559 (1), paragraph 1, is amended as follows:

" 3. No radical nullity of the office of execution for failure to contain the judgment or the arbitral award of the judgment, or for failure to comply with the document presented, the award or the mediation agreement required to carry out enforcement, or for infringement, upon dispatch, of the provisions of Article 520. '

Sixty-three. The last paragraph of Article 560 is amended, which is worded as follows:

" When the conclusion of the hearing is agreed, if it does not appear to it, the court shall be held by the court of the opposition and shall adopt the resolutions provided for in Article 442. If the performer does not appear, the court will rule without hearing him on the opposition to the execution. In the case of both parties, the hearing shall take place in accordance with the provisions of the oral judgment, following the decision taken in accordance with the following Article. '

Sixty-four. Article 617 (1) is amended as follows:

" 1. The best-right terceria will always be directed against the executing creditor, and will be substantiated by the channels of verbal judgment. "

Sixty-five. Article 641 (3) is amended as follows:

" 3. The performance shall be entrusted to the person or entity designated in the application, provided that it meets the legally required requirements. The same resolution shall determine the conditions under which the performance is to be carried out, in accordance with what the parties have agreed. In the absence of agreement, the goods may not be sold for less than 50 percent of the price. Where the characteristics of the goods or the possible reduction in their value so advises the judicial secretary responsible for the execution, with the consent of the executing person, he may designate as a specialized entity for the auction to the College of Procurators where the movable property to be carried out is deposited in accordance with the provisions of Article 626.

To this end, the requirements and the form of organization of the necessary services shall be determined, guaranteeing the proper publicity of the auction, the goods auctioned and the result thereof.

By way of derogation from the preceding paragraphs, where the goods to be made are immovable, the determination of the person or entity to whom the performance is to be entrusted and the conditions under which it is to be effected, shall be made after the parties and those who are in the process who may be interested in the proceedings are invited to attend. The judicial secretary shall resolve by decree whatever he deems appropriate, in the light of the statements of those attending the hearing, but he may not authorize the disposal to be carried out at a price less than 70 percent of the value that the property has been given in accordance with the provisions of Article 666, except that the agreement of the parties and of all interested parties has been established, whether or not they have attended the appearance. "

Sixty-six. Article 648 is worded as follows:

" Article 648. Electronic auction.

The electronic auction will be performed subject to the following rules:

1. The auction will take place in the Portal dependent of the State Official Gazette for the electronic auction of auctions to whose management system all the judicial offices will have access. All exchanges of information to be carried out between the Judicial Offices and the Auction Portal will be conducted in a telematic manner. Each auction shall be equipped with a unique identification number.

2. The auction shall be open at least twenty-four hours after the publication of the notice in the "Official State Gazette", when the information necessary for the commencement of the auction has been forwarded to the Auction Portal. same.

3. Once the auction is opened, electronic bids may only be made subject to the rules of this Law in respect of types of auction, consignations and other applicable rules. In any case, the Auction Portal will report during its celebration of the existence and the amount of the bids.

4. To be able to participate in the electronic auction, the data subjects must be discharged as users of the system, accessing it by means of secure mechanisms of identification and electronic signatures according to the provided for in Law 59/2003 of 19 December, of electronic signatures, so that in any case there is a full identification of the tenderers. The discharge will be carried out through the Auction Portal through secure electronic identification and signature mechanisms and will necessarily include all data identifying the data subject. The performers shall be identified in such a way as to enable them to appear as bidders in the auctions of the execution procedure initiated by them without the need for entry.

5. The performer, the executed or the third holder, if any, may, under his or her responsibility and, in any case, through the judicial office to which the procedure is followed, send to the Auction Portal all the information available to them on the subject of a tender, from reports of assessment or other official documentation, obtained directly by the judicial or notary bodies and which, in the opinion of the courts, may be regarded as interest to potential bidders. The judicial secretary may also do so on his own initiative, if he considers it appropriate.

6. The bids will be sent electronically through secure communications systems to the Auction Portal, which will return a technical acknowledgement, including a time stamp, of the exact moment of the reception of the position and of the its value. The bidder must also indicate whether or not he consents to the reservation referred to in the second subparagraph of Article 652 (1) and whether he is bidding on his own behalf or on behalf of a third party. Positions shall be admissible in the case of a higher amount equal to or less than the highest amount already made, in the last two cases which the booking reservation consents from that time and shall be taken into account for the assumption that the The bidder that has made the bid the same or higher does not finally enter the rest of the purchase price. If there are positions for the same amount, the former will be preferred over time. The auction portal will only publish the highest bid among those made until that time. "

Sixty-seven. Article 649 is worded as follows:

" Article 649. Auction development and termination.

1. The auction shall accept positions for a period of 20 calendar days from its opening. The auction shall not be closed until one hour after the last position has been completed, provided that it is higher than the best achieved until that time, even if this leads to the extension of the initial period of 20 days to which it relates this item for a maximum of 24 hours.

In the event that the Registrar has knowledge of the debtor's declaration of contest, he will suspend by decree the execution and proceed to leave the auction without effect, even if it has already been started. Such a circumstance shall be communicated immediately to the Auction Portal.

2. The suspension of the auction for a period of more than 15 days will lead to the return of the consignment, bringing the situation back immediately prior to the publication of the notice. The resumption of the auction shall be carried out by a new publication of the notice as if it were a new auction.

3. On the date of the closing of the auction and following the auction, the Auction Portal shall forward to the judicial secretary information certified of the telematic position which would have been successful, with the name, surname and e-mail address of the tenderer.

In the event that the best bidder does not complete the price offered, at the request of the Secretary of the Court, the Auction Portal will send you certified information on the amount of the next bid in order of decreasing order and the the identity of the bidder who made it, provided that the latter has opted for the reserve of position referred to in the second subparagraph of Article 652 (1).

4. After the auction has been completed and the information received, the Secretary of the Court shall leave it on record, expressing the name of the highest bidder and the position he made. "

Sixty-eight. Article 656 (1) is worded as follows:

" 1. Where the object of the auction falls within the scope of this Section, the Registrar responsible for the execution shall deliver the order to the registrar at whose office the Registry concerned is located to refer to the court. certification in which the following extremes are found:

1. The ownership of the domain and other real rights of the property or right taxed.

2. º The rights of any nature that exist on the registrable good, in particular, full relation of the registered loads that are taxed or, if applicable, that it is free of charge.

In any case, the certification will be issued in electronic form and will have information with structured content. "

Sixty-nine. The second subparagraph of Article 660 (1) is worded as follows:

" For the purposes of this Article, any registrant of a real right, a charge or a lien who falls upon a good may record in the Register a domicile in a national territory in which he wishes to be notified in case of execution. This circumstance shall be recorded by note on the margin of the registration of the actual right, charge or charge of the holder. An electronic address may also be entered for the purposes of notifications. An electronic address shall be understood to mean that this procedure is agreed to receive notifications, without prejudice to the fact that they can be carried out in a cumulative and non-alternative way to the personal. In this case, the time limit shall be calculated from the day following the first of the positive notifications which would have been made in accordance with the procedural rules or the Law 18/2011 of 5 July, regulating the use of the information and communication technologies in the Administration of Justice. The establishment or change of domicile or electronic address may be communicated to the Registry in any of the forms and with the effects referred to in Article 683 (2) of this Law. "

Seventy. Article 671 is worded as follows:

" Article 671. Auction without a bidder.

If at auction no bidder is present, the creditor may, within twenty days of the closing of the auction, request the award of the good. If it is not the case of the debtor's habitual dwelling, the creditor may ask for the award for 50 per cent of the value for which he or she has gone to auction or for the amount owed to him for all the concepts. In the case of the debtor's habitual dwelling, the award shall be made in an amount equal to 70 per cent of the value for which the property has been auctioned or if the amount owed to it by all the items is less than that percentage, 60 per cent. The payment allocation rule set out in Article 654.3 shall be applied in any event.

When the creditor, within twenty days, does not make use of that power, the Registrar shall, at the request of the execution, proceed to the lifting of the embargo. "

Seventy-one. Article 715 is amended as follows:

" Article 715. Debtor's opposition.

If, within the legal period, the debtor is motivated by reason of the actor's request, in terms of damages, in terms of his valuation in money, the settlement of damages will be substantiated. for the formalities laid down for oral proceedings, but may be the court which issued the order of execution, by means of providence, at the request of a party or of its own office, if it considers it necessary, to appoint an expert to rule on the production of the damages and their assessment in money, after the submission of the impeachment the opposition. In such a case, it shall set the time limit for giving the opinion and giving it to the court and the oral hearing shall not be held until after 10 days after the transfer of the opinion to the parties. "

Seventy-two. Article 775 is amended as follows:

" Article 775. Amendment of the definitive measures.

1. The Prosecutor's Office, having minor or incapacitated children and, in any case, the spouses, may request the court which agreed the definitive measures, the modification of the measures agreed by the spouses or the adopted in default of agreement, provided that they have substantially changed the circumstances taken into account when approving or agreeing to them.

2. Such requests shall be processed in accordance with Article 770. However, if the request was made by both spouses by common agreement or by one with the consent of the other and accompanied by a proposal for a regulatory agreement, the procedure laid down in Article 777 shall apply.

3. The parties may request, in the application or in the defence, the provisional amendment of the definitive measures granted in a previous dispute. This request shall be substantiated in accordance with the provisions of Article 773. "

Seventy-three. Article 794 (4) is amended as follows:

" 4. If a dispute arises as to the inclusion or exclusion of goods in the inventory, the Registrar shall state in the minutes the claims of each of the parties on the goods and their legal basis, and shall cite the interested in a view, continuing the processing according to what is intended for the verbal judgment.

The ruling on the inclusion or exclusion of goods in the inventory will leave the rights of third parties safe. "

Seventy-four. Article 800 (4) is amended as follows:

" 4. If the accounts are contested in a working time, the document of impeachment shall be moved to the account to reply in accordance with Article 438. The parties, in their respective writings of impeachment and defence, may request the holding of hearing, continuing the proceedings in accordance with the provisions of the oral judgment. "

Seventy-five. Article 809 (2) is amended as follows:

" 2. If a dispute arises as to the inclusion or exclusion of any concept in the inventory or the amount of any of the items, the judicial secretary shall record in the minutes the claims of each of the parties on those items. property and its legal basis, and will cite those interested in a hearing, continuing the processing as provided for in the oral judgment.

The judgment will rule on all matters raised, approving the inventory of the marriage community, and will provide whatever is appropriate to the administration and disposition of the commons. "

Seventy-six. The first subparagraph of paragraph 1 is amended and a new paragraph 4 is added to Article 815, which shall be worded as follows:

" 1. If the documents provided with the request are as provided for in Article 812 (2) or constitute a principle of proof of the right of the petitioner, confirmed by the case, the judicial secretary shall require the debtor so that, within 20 days, he/she pays the petitioner, accrediting him to the court, or appears before the court and claims in a written and reasoned manner, in writing of opposition, the reasons why, in his opinion, he must not, in whole or in part, the amount claimed. If not, it shall give the judge the right to decide on the acceptance of the initial request. "

" 4. If the claim of the debt is founded on a contract between an employer or a professional and a consumer or user, the judicial secretary shall, in advance of the request, give the judge to the judge so that he can appreciate the possible abusive character of any clause constituting the basis of the request or having determined the amount payable.

The judge will examine ex officio whether any of the clauses that constitute the basis of the petition or that would have determined the amount payable can be qualified as abusive. When I appreciate that any clause can be qualified as such, it will give a hearing for five days to the parties. Hearing these, you will resolve it by car within the next five days. For such a procedure the intervention of attorney or prosecutor will not be mandatory.

To estimate the abusive nature of any of the contractual clauses, the order that will be given will determine the consequences of such a consideration by agreeing, either the origin of the claim, or the continuation of the procedure. without application of those considered to be abusive.

If the court does not consider the existence of unfair terms, it shall declare it so and the judicial secretary shall require the debtor in the terms provided for in paragraph 1.

The order that will be issued will be directly appable in any case. "

Seventy-seven. Article 816 (1) is amended as follows:

" 1. If the debtor does not comply with the order for payment or does not appear, the judicial secretary will decide to terminate the order for payment and will transfer the creditor to the office of execution, with the mere application, without the need for the 20-day period provided for in Article 548 of this Law to elapse. "

Seventy-eight. Article 818 (2) is amended as follows:

" 2. When the amount of the claim does not exceed the verbal judgment itself, the judicial secretary will decide to terminate the order for payment procedure and agree to continue the procedure as provided for this type of trial, giving transfer of the opposition to the actor, who may contest it in writing within 10 days. The parties, in their respective letters of opposition and of their opposition, may request the holding of the hearing, in accordance with the procedures laid down in Articles 438 et

.

When the amount of the claim exceeds that amount, if the petitioner does not file the corresponding claim within one month from the transfer of the written opposition, the judicial secretary will dictate decree by overhanging the proceedings and by condemning the creditor to the costs. If I submit the application, in the decree terminating the order for payment, it shall agree to transfer the defendant to the defendant in accordance with the provisions of Articles 404 and following, unless his admission does not proceed, in which case he shall agree to give the order to the judge for to resolve what is appropriate. "

Seventy-nine. Article 826 is amended as follows:

" Article 826. Substantiation of the exchange opposition.

Submitted by the written opposition debtor, the judicial secretary will transfer the debtor to the creditor to contest it in writing within ten days. The parties, in their respective letters of opposition and of their opposition, may request the holding of hearing, in accordance with the procedures laid down in Articles 438 and following for the oral judgment.

If the hearing is not sought or if the court does not consider its conclusion, the opposition will be resolved without further formalities.

When the hearing is agreed upon, if the debtor fails to appear, the court will have the opposition to give it up and adopt the resolutions provided for in the previous article. If the creditor does not appear, the court shall decide without hearing the opposition. '

Additional disposition first. Use of telematic means.

1. As of 1 January 2016, all legal practitioners and judicial and tax offices and offices, which have not yet done so, will be obliged to use the existing telematic systems in the Administration of Justice for the the submission of documents and documents and the conduct of proceedings for procedural communication in respect of proceedings to be initiated as of this date, in the terms of Articles 6.3 and 8 of Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice.

In order to ensure the effectiveness of this provision, the administrations with jurisdiction in the field of administration of justice will have to provide, prior to that date, the judicial and fiscal offices with functions of registration, of the appropriate electronic means in the terms laid down in Article 30 of Law 18/2011.

2. The applications and technological systems which the competent authorities use in the service of judicial and fiscal bodies and offices shall have the necessary instruments and means to recognise, order, deal with, structure and identify the documents, documents and, in general, all communications submitted by the legal professionals and citizens, in accordance with the technical specifications that the State Technical Committee of the Administration of Justice Electronic, after hearing of the competent authorities in the field of the Administration of Justice and prior report of the General Council of the Judiciary, determine by reason of technological evolution.

3. The Schools of Procurators shall provide the necessary means and shall cooperate with the Administration of Justice to ensure the reception by telematic means of notifications and other acts of communication and the transfer of copies of written and documents by all their professionals in any part of the national territory, regardless of the College of Procurators of which they belong.

For these purposes, the General Council or the corresponding superior will make available to the judicial offices and the Administrations with competence in the matter of the Administration of Justice the protocols and systems of (a) interconnection enabling the necessary access by electronic means to the register of professional collegiate professionals provided for in Article 10 of Law No 10/1974 of 13 February on Professional Colleges, ensuring that in the professional data, such as number of collegiate, professional address, telephone number, fax, e-mail address and any other that allows the identification of the colegate's univocal form.

In such cases, the judicial bodies shall send the acts of communication through the professional college situated in the territorial area in which the notifying body or office is located.

Additional provision second. Transfers of copies of documents and documents between procurators.

The obligation to carry out copies of written documents and documents when procurators are involved shall be equally enforceable, in the terms provided for in Articles 276 et seq. of the Law on Civil Procedure, in the criminal courts, administrative and administrative disputes.

First transient disposition. Verbal judgments and other processes.

The processes of verbal judgment and the others that are affected and that are in the process of the time of the entry into force of this Law will continue to be substantiated, until the final resolution, according to the previous procedural law.

Second transient disposition. Monitoring and enforcement of arbitration awards.

1. The amendments to Articles 815 and 552 (1), last paragraph, shall apply to the monitoring and enforcement processes which are initiated after the entry into force of this Law.

2. The order for payment procedures to be applied to the entry into force of this Law shall be suspended by the Registrar when the initial request is based on a contract between an employer or a professional and a consumer or user. In this case, it shall immediately give the judge who, if he appreciates that any of the clauses constituting the basis of the petition or that he has determined the amount payable may be qualified as abusive, shall give a hearing for five days to the parties and shall resolve the matter by order within the following five days. If the judge does not consider the existence of unfair terms, he shall declare it so, proceeding the judicial secretary to raise the agreed suspension and order the continuation of the procedure.

3. In the case of the execution of arbitral awards which are based on a contract between an employer or a professional and a consumer or user, which are not definitively filed, the procedure described in the preceding paragraph shall be followed. the purpose of assessing whether any of its clauses could be described as abusive.

Transitional provision third. New functions attributed to procurators.

The procedural acts of communication and the carrying out of tasks of assistance and collaboration of the processes that are in the process of the entry into force of this Law will continue to be carried out by the judicial office except that the expressly request that they be made by your procurator.

Transitional disposition fourth. Presentation of documents and documents and the carrying out of communications by telematic means.

1. Transiently, until January 1, 2018, in relation to acts of communication to the Fiscal Ministry, the deadline set out in Article 151.2 shall be ten calendar days.

2. For the time being, until 1 January 2016, procurators and other legal practitioners who are unable to submit and receive written documents and documents and in the form described in the first provision may continue to doing so at the seat of the court or in the common service of reception organized by the College of Attorneys. The College of Attorneys located in the territorial area in which the notifying body or office is located assumes the obligation to forward the communications, notifications and, where appropriate, documentation accompanying the Attorney General. (i) the Commission's proposal for a directive In the case of administrative files or procedural documents, the judicial secretary may agree, in the light of his or her characteristics or because of justified reasons, to be consulted at the seat of the court or directly withdrawn from the court. itself by the parties.

3. On the other hand, until 1 January 2017, those interested who are not professionals of the courts and are not represented by procuratorate will not be able to choose or be obliged to the presentation or receipt of documents or documents or acts of communication by telematic means in the terms of Article 273. These acts will continue to be carried out until that date by the other means regulated in the law.

4. Until the same date, in which the file of proxy acts is put into operation, the accreditation of the power of representation shall be carried out by means of the power of attorney or the proxy of the act.

Transient disposition fifth. Prescription regime applicable to existing relationships.

The time of limitation of personal actions that do not have a special term of limitation, born before the date of entry into force of this Law, shall be governed by the provisions of Article 1939 of the Code. Civil.

Transitional disposition sixth. Requests for free justice in processing.

Applications for free justice submitted prior to the entry into force of this Law will continue to be processed and resolved in accordance with the previous regulations.

Single repeal provision. Regulatory repeal.

The provisions of this Law shall be repealed as many provisions.

Final disposition first. Amendment of the Civil Code on prescription.

Article 1964 of the Civil Code is amended, which is worded as follows:

" Article 1964.

1. Mortgage action prescribes at twenty years.

2. Personal actions which do not have a special time limit shall be five years from the date on which compliance with the obligation may be required. In continuing obligations to do or not to do so, the deadline will start each time they are broken. "

Final disposition second. Amendment of Law 49/1960 of 21 July on horizontal ownership.

Article 13 (2) of Law 49/1960 of 21 July on horizontal ownership is amended, which is worded as follows:

" 2. The chairman shall be appointed by election or, in the alternative, by means of rotating or drawing. The appointment will be mandatory, although the designated owner may request his/her replacement to the judge within the month following his/her access to the position, invoking the reasons for this. The judge shall, by means of the procedure laid down in Article 17 (7), give a decision as to what is appropriate, in the same decision as the owner, who must replace the President in the post until the date of re-examination. designation within the time limit to be determined in the judgment.

The judge may also be present when, for any reason, it is impossible for the Board to designate the president of the community. "

Final disposition third. Amendment of Law 1/1996 of 10 January of free legal assistance.

Law 1/1996 of 10 January of free legal assistance is amended as follows:

One. Article 1 is amended as follows:

" Article 1. Object of the Law.

This Law is intended to determine the content and scope of the right to free legal assistance referred to in Article 119 of the Constitution and to regulate the procedure for its recognition and effectiveness.

The provisions of this Law will be of general application in all kinds of judicial processes, including constitutional protection resources, the prior administrative route when this is established in the specific legislation, thus as the advice prior to the process referred to in Article 6 (1). "

Two. Point (g) is amended and a point (i) is added to Article 2, which are worded as follows:

" g) Regardless of the existence of resources to litigate, the right of free legal assistance, which will be provided immediately, to victims of violence of gender, terrorism and trafficking of beings, is recognized. human beings in those processes which are linked, derived or are a consequence of their status as victims, as well as minors and persons with intellectual disabilities or mental illness when they are victims of abuse or maltreatment.

This right will also assist the successors in the event of the death of the victim, provided they are not involved in the events.

For the purposes of granting the benefit of free justice, the status of victim shall be acquired when a complaint or complaint is made, or a criminal procedure is initiated, for any of the offences referred to in this letter; and shall be maintained as long as the criminal proceedings remain in force or where, upon completion, a conviction has been given. The benefit of free justification shall be forfeited after the finality of the judgment, or of the final or provisional withdrawal for failure to act as a criminal offence, without the obligation to pay the cost of the benefits enjoyed free of charge until that time.

In the various processes that may be initiated as a result of the condition of the victim of the crimes referred to in this letter and, in particular, in those of gender-based violence, it shall be the same lawyer who assists the person, provided that their right of defence is duly guaranteed. "

" (i) Regardless of the existence of resources to litigate, the right of free legal assistance to associations that aim to promote and defend the rights of victims of terrorism is recognized, identified in Law 29/2011 of 22 September of recognition and comprehensive protection of victims of terrorism. "

Three. Article 3 (1) (c) and Article 3 (2) and (3) are amended as follows:

"(c) The triple of that indicator in the case of family units consisting of four or more members or who are recognised as having a large family status in accordance with the rules in force."

" 2. For the determination of the concept of family unit in its various modalities it will be established in the Law of the Income Tax of the Physical Persons, equating to the spouses not legally separated the pairs of fact constituted in accordance with the requirements that would be required for them.

3. The economic means shall be individually assessed when the applicant establishes the existence of family interests in the dispute for which assistance is sought. "

Four. Article 6 (1), (2) and (10) are amended as follows:

" 1. Free advice and guidance prior to the process to those who intend to claim the judicial protection of their rights and interests, as well as information on the possibility of recourse to mediation or other extrajudicial means of solution conflicts, in cases not expressly prohibited by law, where they are intended to avoid procedural conflict or to analyse the viability of the claim.

In the case of victims of gender-based violence, terrorism and trafficking in human beings, as well as minors and persons with intellectual disabilities or mental illness, in the terms set out in point (g) Article 2, free legal assistance shall include free advice and guidance at the moment immediately prior to the complaint or complaint.

2. Assistance from a lawyer to the detainee, prisoner or accused who has not designated him, for any police diligence that is not the result of an ongoing criminal procedure or in his first appearance before a court or tribunal, or carried out by means of judicial assistance and the detainee, prisoner or accused person has not appointed a lawyer in the place where he is being provided. Such legal assistance shall also apply to the person claimed and detained as a result of a European arrest warrant which has not been designated as a lawyer.

It will not be necessary for the detainee, prisoner or accused to prove previously to lack the resources, without prejudice to the fact that if he is not recognized later the right to legal aid, he must pay the lawyer fees due for their intervention. "

" 10. The tariff duties referred to in paragraphs 8 and 9 shall not be collected where the person concerned has credited income below the public multi-purpose income indicator. '

Five. Article 7 (3) is amended as follows:

" 3. Where the jurisdiction for the knowledge of the resources referred to in the preceding paragraph corresponds to a judicial body whose seat is in a different locality, the judicial secretary shall, once the judicial orders have been received, require to the respective Colleges, the appointment of a lawyer and, where appropriate, procuratorate of office in that court. "

Six. The first paragraph is amended and a second paragraph is added to Article 8, which shall be worded as follows:

" The right to free legal assistance and benefits other than those requested by the actor shall not be recognised once the claim has been filed, or the defendant has, after his request, made his reply, except in his request. (a) to the Commission for Legal Assistance, which the circumstances and conditions necessary to obtain such excess have occurred after the application or defence, respectively. Recognition of the right to free legal assistance under oversold circumstances shall not be retroactive.

The application of the right shall not proceed when the process has already been terminated by a final decision, unless it relates to its execution. "

Seven. Article 10 is amended as follows:

" Article 10. Composition of the Free Legal Assistance Commissions.

1. The Central Commission for Free Legal Assistance shall be composed of the Dean of the Bar and the College of Attorneys of Madrid, or the lawyer or prosecutor they appoint, a State Advocate and an official of the Ministry of Justice belonging to bodies or scales of subgroup A1. The Commission shall be chaired semi-annually by each of its members, with the exception of the official of the Ministry of Justice, who shall act as secretary.

2. The Legal Assistance Committees that are dependent on the Autonomous Communities shall be composed of the Dean of the Bar and the College of Attorneys, or the lawyer or the attorney they appoint, and two members who designate the public administrations on which they depend. The competent authority of the Autonomous Community shall determine which of its members shall hold the chair and the secretariat.

3. In the Free Legal Assistance Committees under the General Administration of the State, the members of the public administration shall be a State Advocate and an official, who shall act as secretary, belonging to bodies or scales of sub-group A1, to be assigned to the Territorial Management of the Ministry of Justice concerned or, failing that, an official of the said bodies or scales providing their services to the Delegation or Subdelegation of the Government of the territory in question.

In the provinces where there is more than one Bar Association or of Attorneys, the representative of these Corporations in the Commission will be appointed by common agreement by the Dean of those.

When the volume of cases or other justified circumstances advise, delegations of the Provincial Commission of Free Legal Assistance may be set up, with the composition and scope of action to be regulated. determine and ensure, in any event, the homogeneity of criteria for recognising the right to free legal assistance. "

Eight. Paragraphs 2 and 5 are amended and a new paragraph 6 is added to Article 12, which are worded as follows:

" 2. Recognition of the right to free legal assistance, which may include all or some of the benefits provided for in Article 6, shall be provided by the applicants to the Bar of the place where the court or tribunal is situated. the court to know of the main proceedings for which it is sought, or before the court of its domicile. In the latter case, the judicial body shall transfer the petition to the territorially competent Bar Association.

The application may be submitted by any means, including those provided for in the citizens ' electronic access rules for public services. "

" 5. If it is established that the income and assets of any of the applicants who are to be litigated under a single defence or representation exceed the thresholds laid down in Article 3 (1) but do not reach the level of the indicator For the purposes of Article 6 (1) of Regulation (EU) No 56/2014, the Commission shall, in accordance with Article 6 (2) of Regulation (EU) No 56/2014

provide for the following:

6. Where the cost of the recognised benefits is to be borne by a number of litigants, the contribution of the free legal aid scheme shall be limited to the proportional share corresponding to the parties to which the aid was granted. right. "

Nine. Article 13 is amended as follows:

" Article 13. Requirements for the request.

The application shall state expressly the benefits for which the recognition of the right is sought, which may be all or some of those provided for in Article 6 and shall be recorded, accompanying the documents which (a) the information required to assess the economic and financial situation of the person concerned and the members of his family unit, his/her personal and family circumstances, the claim to be sought to assert and to enforce the dispute, if any.

In the submission of the application, the applicant shall be informed of the power conferred on the Commission of Free Legal Assistance for the consultation of the data referred to in Article 17, both by the applicant and, in his case, of your spouse or partner in fact, and all those affected by the consent must be given consent in the application.

When the applicant for the right was not married or his marriage was dissolved or was legally separated, he must confirm, by affidavit, that he is not in fact a couple. "

Ten. Article 16 is amended as follows:

" Article 16. Process suspension of the process.

1. The application for recognition of the right to legal aid shall not suspend the course of the administrative proceedings or proceedings.

However, in order to prevent the passage of time limits, the judicial secretary or the administrative body, either on its own initiative or at the request of the court, may cause the precluding of a procedure or the failure of the may decree the suspension until the decision on the recognition or refusal of the right to litigate free, or the provisional designation of lawyer and procurator if his intervention is required or required in the interest of the court of justice, provided that the application for the right had been made within the prescribed time-limits in the case of procedural or administrative laws. This suspension will also affect the time limit for the remedy referred to in Article 8 (2) of Law No 10/2012 of 20 November 2012 on certain charges in the field of the Administration of Justice and the National Institute Toxicology and Forensic Sciences.

2. Where the application for recognition of the right to free legal assistance is submitted before the process is initiated and the action may be prejudiced by the time limits for limitation or expiry, the have been suspended or suspended, respectively, until the provisional appointment of a lawyer and, if necessary, procuratorate from the office of office exercising the action on behalf of the applicant; and if it is not possible to make such appointments, until the final decision is taken on the administrative route, recognising or denying the right.

The calculation of the limitation period shall be resumed from the notification to the applicant of the provisional designation of lawyer by the Bar or, where appropriate, from the notification of the recognition or refusal of the the right of the Commission of Free Legal Assistance and, in any case, within two months of the submission of the application.

In the event that this request has been denied, is clearly abusive and only is preordained to delay the deadlines, the judicial body that knows the cause will be able to compute the deadlines in the strict terms legally provided for, with all the consequences resulting from this. "

Once. Article 17 is amended as follows:

" Article 17. Data checking, resolution, and notification.

1. In order to verify the accuracy and reality of the economic data and, in particular, the information relating to the income and assets declared by the applicant for the right to legal aid, including, where appropriate, those of his or her spouse The Commission shall, in fact, carry out the checks and collect all the information it deems necessary. This information may be obtained, in particular, from the corresponding Tax Administration, the Catastro, the Social Security, as well as the Property and Commercial Records or any other records that have information relating to the indications referred to in Article 3, and shall be transmitted by telematic means. The Tax Administration and Social Security shall provide the necessary information within the framework of its specific rules.

The Commission may also hear from the parties or parties contrary to the case or against which the action is intended to be brought, where they are known and may be deemed to be capable of providing information on the actual economic situation of the applicant.

2. Once the above findings have been made, the Commission shall, within 30 days of the receipt of the file by the Commission, give a decision, recognizing or denying the right to free legal aid. and determining which of the benefits are applicable to the application. After that period without the Commission having expressly resolved the application, the decisions which the Bar or Procurator Colleges may have been able to take shall be ratified, without prejudice to the obligation to that body in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The resolution shall be notified within three days to the applicant, the Bar and, as the case may be, the College of Attorneys, as well as to the interested parties and shall be communicated to the administrative body or to the court or the court that is aware of the process or, if it had not been initiated, to the Dean of the locality.

The communications and notifications provided for in this article will be carried out preferably by electronic means and, in any case, when those are held between public administrations, judicial bodies, professionals of justice, professional colleges and the Commission.

If the Bar has not issued any resolution, the silence of the Commission shall be positive. At the request of the person concerned, the administrative body, where appropriate, or the judge or tribunal which is aware of the proceedings or, if the application is made prior to the initiation of the proceedings, the competent Judge-Dean shall declare the right and require the professional associations the provisional designation of lawyer and procurator, if any. This shall be without prejudice to any objections to such an estimate. '

Twelve. The first paragraph of Article 18 is amended, which is worded as follows:

" The recognition of the right will be in accordance with the requested benefits. It shall involve the confirmation of the designations of lawyer and procurator, if any, made provisionally by the professional associations. "

Thirteen. Article 19 is amended as follows:

" Article 19. Revocation of the right.

1. The erroneous declaration, the distortion or concealment of data by applicants for legal aid, which have been decisive for the recognition of the right, shall, in any event, give rise to a hearing of the person concerned. (a) revocation by the Commission of Free Legal Assistance, by means of a reasoned decision, which, for these purposes, will have powers of ex officio review.

The revocation referred to in the preceding paragraph shall bear with it the obligation to pay all fees or duties accrued by the professionals who have been involved since the granting of the right, as well as the amount equivalent to the cost of the other benefits obtained by reason of such concession, without prejudice to the responsibilities of another order which, where appropriate, correspond.

2. If the judicial body which knew of the claim exercised by the beneficiary of the free legal assistance would appreciate the abuse of law, fear, bad faith or fraud of law in its exercise, in the resolution that ends the process, it will declare the the existence of the right of free justice will revoke the right of free justice and will condemn it to pay the costs and costs due to its application under the terms of the previous paragraph. Such revocation shall be brought to the attention of the Commission of Free Legal Assistance in order to ensure that the competent public administration obtains the reimbursement, where appropriate, of the number of benefits obtained as a result of the recognition of their right to litigate free of charge. '

Fourteen. Article 20 is amended as follows:

" Article 20. Impeachment of the resolution.

1. Those who are the holders of a right or a legitimate interest shall be able to challenge the decisions which, in a final manner, recognise, revoke or deny the right to free legal assistance.

Such a challenge, for which the intervention of a lawyer will not be required, must be made in writing and in a reasoned manner within 10 days of the notification of the decision or since it has been known by any of the legitimized to bring it, before the secretary of the Commission of Free Legal Assistance. The latter shall send the document of challenge, together with the file corresponding to the contested decision and a certificate from the court, to the competent court or tribunal or to the Judge Dean for distribution, if the procedure had not been initiated.

2. In receipt of the document of impeachment and the documents and certification referred to in the preceding paragraph, the Registrar shall require the parties and the Advocate of the State or the Court of Justice of the Autonomous Community where the Free Legal Assistance Committee, so that the allegations and evidence they deem appropriate are presented in writing within five days.

The judge or tribunal may agree by providence, on its own initiative or at the request of a party, to hold an appearance if the challenge cannot be resolved with the documents and evidence provided. The judicial secretary shall indicate day and time to take place within the next ten days.

3. Received the allegations or completed the appearance, where appropriate, the judge or tribunal shall resolve without further formalities by order within five days, maintaining or revoking the contested decision, with the imposition of a pecuniary penalty of 30 EUR 300 to anyone who has promoted impeachment in a reckless or abusive manner.

Against the order issued by the judge or the court shall not be an appeal. "

Fifteen. Article 21 is amended as follows:

" Article 21. Requirement for designation of attorney and attorney.

If, in accordance with the procedural or administrative law, the judicial body that is aware of the process or the administrative body that will process the file considers that, due to the circumstances or the urgency of the case, The Court of Human Rights, in its opinion of the Court of Human Rights of the European Union, has taken the view that, in order to ensure that the right of free legal assistance is obtained, the right of defence and representation of the parties must be Decision of the professional associations to require the temporary appointment of lawyer and procurator, when the designations would not have been made before.

The judicial secretary or the administrative body shall communicate the resolution as quickly as possible to the Bar and Attorneys ' Colleges, and the application shall then be dealt with as provided for in the articles precedents. "

Sixteen. Article 24 is amended as follows:

" Article 24. Shift distribution.

Professional Colleges will establish systems for the objective and equitable distribution of different shifts and means for the appointment of professionals. Such systems shall be public for all collegial and may be consulted by applicants for free legal assistance.

The Bar Association, with the exception of those in which the reduced size of the activity is not necessary, will have a permanent duty shift for the provision of the service to the detainee and the other for the provision of services of prior and legal assistance to victims of gender-based violence, terrorism, trafficking in human beings and minors and persons with intellectual disabilities or mental illness who are victims situations of abuse or abuse. "

seventeen. Article 25 is amended as follows:

" Article 25. Training and specialisation.

The Ministry of Justice, in a coordinated manner with the competent Autonomous Communities, prior to the report of the General Councils of the Advocate General and the Attorneys of the Courts of Spain, will establish the general requirements minimum training and specialisation necessary to provide the services of free legal assistance, in order to ensure a level of quality and professional competence that guarantees the constitutional right to defence. Such requirements shall be binding on all professional colleges. "

Eighteen. Article 36 (1) and (2) are amended as follows:

" 1. If, in the resolution terminating the proceedings, it has delivered on the costs, in favour of the person who obtained the recognition of the right to legal aid or who had it legally recognised, the opposite party must pay the costs. costs caused in the defence and representation of that.

2. Where the decision terminating the proceedings was ordered to pay the costs who had obtained recognition of the right to legal aid or who had it legally recognised, the latter would be obliged to pay the costs incurred in its In the three years following the completion of the process, the defence and the defence of the opposing party will be left to the best fortune, while the limitation of Article 1.967 of the Civil Code will be suspended. It is presumed that it has come to a better fortune when its revenue and economic resources by all the concepts exceed twice the module provided for in Article 3, or if the circumstances and conditions taken into account have been substantially altered. to recognize the right under this Law. The Commission shall be responsible for the declaration of whether the beneficiary has come to a better fortune in accordance with Article 19, and the judgment in the form provided for in Article 20 may be challenged. '

nineteen. The first paragraph of Article 37 is amended as follows:

"The competent public authorities shall grant the implementation and provision of the services of free legal assistance by the Bar and Procurators to their budgetary allocations."

Twenty. The first paragraph of Article 38 is amended, which is worded as follows:

" The system will be established through which the cost to the General Councils and Colleges will be financed from the budget allocations of the competent public administrations. Lawyers and Attorneys professionals operating the services of free legal assistance, of the units responsible for the advice and guidance prior to the process to the citizens and of the provisional qualification of the claims requested. "

Twenty-one. Paragraph 1 of the first provision is amended as follows:

" 1. Chapter I, Articles 9, 10.1, 12 and 16 to 21 of Chapter II, Articles 27 to 29 and 31 to 36 of Chapter IV, Chapter VII, the additional third, fourth and fifth provisions, the repeal provision and the final provision of the first They are responsible for the powers conferred on the State by Article 149.1.3., 5. and 6. of the Spanish Constitution, on international relations, the administration of justice and procedural law, respectively. "

Twenty-two. An additional second bis provision is inserted, which is worded as follows:

" Additional provision second bis. Composition of the Free Legal Assistance Commissions in exceptional cases.

Exceptionally, when the needs of the service require it, the official who will act as secretary in the Commissions of Free Legal Assistance dependent on the General Administration of the State, may be replaced by a public employee belonging to a professional sub-group A1 to be assigned to the Territorial Management of the Ministry of Justice concerned or, failing that, to the Delegation or Subdelegation of the Government of the territory concerned. '

Twenty-three. A final first-round provision is inserted, which is worded as follows:

" Final Disposition first bis.

This Law contains the rules for transposition into Spanish law of the provisions of Council Directive 2003 /8/EC of 27 January 2003 aimed at improving access to justice in cross-border disputes. by the establishment of common minimum rules on free justice for such disputes. "

Final disposition fourth. Amendment of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

A new paragraph 3 is introduced to Article 23 of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction, which is worded as follows:

" 3. They may, however, be able to appear by themselves to be civil servants in defence of their statutory rights, where they relate to personnel matters which do not involve the separation of immovable public employees. '

Final disposition fifth. Amendment of Law 60/2003 of 23 December of Arbitration.

Article 11 (1) of Law 60/2003, of 23 December, of Arbitration is amended, which is worded as follows:

" 1. The arbitration agreement obliges the parties to comply with the provisions and prevents the courts from hearing the disputes submitted to arbitration, provided that the party to whom it interests invokes it by means of a decline.

The deadline for the proposal of the decline will be within the first ten days of the deadline to respond to the demand. "

Final disposition sixth. Amendment of Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence.

Article 20 (1) of Organic Law 1/2004, of 28 December, of Comprehensive Protection Measures against Gender Violence is amended, which is worded as follows:

" 1. Victims of gender-based violence have the right to receive free legal advice immediately prior to the complaint's interposition, and free defense and representation by lawyer and attorney in all processes and administrative procedures which have a direct or indirect cause for violence. In these cases, the defence of the victim must be taken up by the same lawyer, provided that his right of defence is duly guaranteed. This right will also assist the successors in the event of the death of the victim, provided that they are not involved in the events. In any case, legal, free and specialized defense shall be guaranteed immediately to all victims of gender-based violence upon request. "

Final disposition seventh. Amendment of Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice.

Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice, is amended as follows:

One. Article 26 (1) is amended, which is worded as follows:

" 1. The electronic judicial file is the set of electronic data, documents, formalities and actions, as well as audiovisual recordings corresponding to a judicial procedure, whatever the type of information it contains and the format in which they were generated. "

Two. A new Article 32a is inserted, which is worded as follows:

" Article 32a. Electronic file of proxy acts.

1. In addition, judicial offices with registration functions shall be provided with an electronic file of proxies in which the proxy acts must be registered, either in person or electronically by the person who has the status of interested in a judicial proceeding in favor of a representative, to act on his behalf before the Administration of Justice.

This will not prevent the existence of electronic files of proxy acts in each judicial office for the execution of the specific procedures in each one.

2. The electronic files of proxy acts shall be fully interoperable with each other in such a way as to ensure their computer compatibility and interconnection, as well as the telematic transmission of applications, written and communications. that are recorded in their corresponding files.

The electronic files of the proxy acts will allow to check validly the representation that they are acting before the Administration of Justice on behalf of a third party.

3. The seats to be held in the electronic file of the proxy acts shall contain at least the following information:

a) Name and name or social reason, national identity document number, tax identification or equivalent document of the power.

b) Name and name or social reason, national identity card number, tax identification or proxy document number.

c) Enrollment date.

d) Type of power according to the faculties you grant.

4. The authorities of the Member States of the European Parliament and of the Council of the European Parliament

act as follows:

a) A general power so that the proxy can act in the name of the power in any judicial action.

b) A power to enable the proxy to act on behalf of the power manager only in certain types of procedures.

c) A special power for the proxy to act on behalf of the power in a particular procedure.

5. The insignable power in which the party grants its representation to the proxy shall be conferred by the appearance of an act.

The takeover will be granted by electronic appearance in the corresponding judicial electronic headquarters making use of the electronic signature systems provided for in this Law, or by personal appearance. before the judicial secretary of any judicial office.

6. The proxies entered in the file shall be valid for a maximum of five years from the date of registration. In any event, at any time before the end of that period, the authority may revoke or extend the power. Any period of grace granted by the proxy to the proxy shall be valid for a maximum of five years from the date of registration.

7. Requests for revocation, extension or withdrawal of the same may be applied to any file, and this circumstance must be registered in the file with which the power has effects and has effects from the date on which it occurs. such enrollment. "

Three. Article 33 (1) is amended as follows:

" 1. Citizens will be able to choose at all times how to communicate with the Administration of Justice, whether or not by electronic means.

It may also be legally or legally established that it is mandatory to communicate with it using only electronic means in the case of legal persons or groups of natural persons who, by reason of their economic or technical capacity, professional dedication or other accredited reasons are guaranteed the access and availability of the precise technological means. "

Four. A new paragraph 3 is inserted in Article 40, which is worded as follows:

" 3. The proxy may also be accredited by the certification of its registration in the electronic file of proxy acts of the judicial offices. "

Five. Article 43 (1) is amended as follows:

" 1. Failure to comply with the duty of use of the technologies, in the terms established in this Law, by a professional of justice in his first communication with a judicial body may be remedied. For these purposes, the court or tribunal shall grant a maximum of five days with a warning that all its proceedings before that body, in that or any other proceedings, as well as before any other body of the same judicial party, shall be be performed using electronic means and in accordance with this Law. "

Final disposition octave. Amendment of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism.

Article 48 of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism is amended, which is worded as follows:

" Article 48. Right to free legal assistance.

1. The victims of terrorism referred to in Article 4.1 and 2 are entitled to free legal assistance in all judicial proceedings and administrative procedures which have direct or indirect cause for the situation resulting from the This condition, irrespective of its economic resources, in the terms laid down in Law 1/1996 of 10 January of free legal aid. In these cases, the same lawyer will assume the victim's defence. This right shall also assist the persons referred to in Article 4 in the event of the death of the victim.

2. In any case, free legal assistance will be guaranteed immediately to all victims of terrorism who request it. The right of free justice will be lost if the victim's condition is not recognised later or if a firm or firm file is given, without the obligation to pay the cost of the benefits enjoyed free of charge. that time. "

Final disposition ninth. Amendment of Law 10/2012 of 20 November, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

The second subparagraph of Article 8 (2) of Law No 10/2012 of 20 November 2012 governing certain fees in the field of the Administration of Justice and the National Institute of Toxicology is amended. Forensic Sciences, which is worded as follows:

" In the event that such justification is not accompanied by the failure to make the payment itself or by failing to contribute, or where the liquidation made is wrong, the judicial secretary shall require the taxable person to to provide or correct the settlement within ten days, not giving a course to the writing until such omission is remedied. The absence of any remedy for such a deficiency or correction of the liquidation, following the request of the judicial secretary referred to in the precept, shall give rise to the precluding of the procedural act and to the subsequent or termination of the procedure, as appropriate. '

Final disposition tenth. Competence title.

1. The sole article of this Law and the fourth and seventh final provisions are dictated by the provisions of Article 149.1.6. of the Constitution, which attributes exclusive competence to the State in matters of procedural law.

2. The first and second final provisions are dictated by the provisions of Article 149.1.8. of the Constitution, which gives the State exclusive competence in matters of civil law.

3. With regard to the third final provision, the reforms of Articles 1, 2, 3, 6, 8, 10.1, 12, 16, 17, 19, 20, 21, 36 and the final provision of the first bis of Law 1/1996 of 10 January, of free legal aid, are given under the Article 149.1.5. of the Spanish Constitution, on the administration of justice and procedural law, respectively. The reforms of Articles 10.2, 10.3, 13, 24, and the final provision, second bis, shall be the default of specific rules of the Autonomous Communities which have assumed the effective exercise of the powers in the field of provision of means for the Administration of Justice.

4. The first and the fifth, sixth, eighth and ninth final provisions are given under the exclusive powers of the State in matters of commercial, procedural and civil law and the administration of justice, established in Article 149.1.6., 8. and 5. of the Constitution.

Final disposition eleventh. Changes and regulatory developments.

1. The Government shall carry out any changes and regulatory developments that are necessary for the implementation of this Law.

2. The Government, within one year of the publication of this Law in the "Official State Gazette", will forward to the General Cortes, for approval, the bill that regulates the professional training required of the graduates. social security in accordance with Law 36/2011 of 10 October, regulating social jurisdiction, and determining, among other things, the enforceable title, specialized training and the evaluation to be performed.

For this purpose and in order to produce, within the same period of one year, a study on the normative developments necessary for the adaptation of the legal framework that allows, if necessary, the access of the social graduates to the system of A joint committee of representatives of the General Council of Lawyers and the General Council of Social Undergraduates, of which the General Council of the European Parliament and the Council of Ministers of the European Union, will be represented within three months. experts, in equal numbers, designated by the Ministry of Justice.

Final disposition twelfth. Entry into force.

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

2. However, the provisions relating to the obligation of all legal practitioners and judicial and fiscal bodies and offices, which do not yet do so, to use the telematic systems existing in the administration of justice for the the presentation of documents and documents and the conduct of acts of procedural communication in the terms of the procedural law and of Law 18/2011 of 5 July, regulating the use of information and communication technologies, will enter into force on 1 January 2016, in respect of the procedures to be initiated as of this date.

On the other hand, the forecasts concerning the electronic file of proxy acts and the use by those interested who are not professionals of the justice of the telematic systems existing in the Administration of Justice for the submission of documents and documents and the conduct of procedural communication in the terms set out above, shall enter into force on 1 January 2017.

3. Amendments to Articles 648, 649, 656, 660 and 671 of Law 1/2000 of 7 January of Civil Procedure shall enter into force on 15 October 2015.

Therefore,

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

Madrid, 5 October 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY