Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10727
KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law:
Advances in the use of new communication technologies are a valuable tool for the development of the actions of the Administration of Justice, as well as their relationship with professionals and citizens.
Law 1/2000 of 7 January, Civil Procedure, in its original form and gathered some of these concerns to regulate the use of techniques and electronic, computer and telematic media by the Administration of Justice and those who prove to have available to the media. That provision, together with the Law 18/2011, of 5 July, regulating the use of information and communications technology in the Administration of Justice, which establishes the obligation to use electronic means for legal practitioners and of judicial offices, as well as the obligation of the competent authorities of providing these means and the right of citizens to interact electronically with the administration of justice, they assumed a major role in the development of new technologies step.
However, it has not achieved widespread application of electronic media as normal processing of court proceedings and relating to the administration of justice professionals and citizens. Therefore constitutes an urgent need to undertake a thorough reform of the various procedural steps to generalize and Emphasise the use of telematic or electronic means, giving the alternative to the paper. So not only greater effectiveness and efficiency in processing procedures, but also cost savings to the state and citizens will be achieved and due process will be strengthened. That is, we face a new concept of administration of justice and will be a further step to improve public service is the same.
In the indicated line, a specific date is set for effective implementation of new technologies in the Administration of Justice. As of January 1, 2016, all legal practitioners and judicial bodies and prosecutors are obliged to use existing telematics systems in the Administration of Justice for submitting papers and documents and carrying out acts of procedural communication must the competent authority, other authorities, professionals and organizations that bring together collective establish the necessary means to make this a reality.
General rules for the presentation of papers and documents by electronic means are established, which can be done every day of the year, twenty-four hours, applying the same rules to the peremptory written, regardless of the system used for presentation . the guarantees to be met by supporting documents proving the submission of documents and the necessary adaptations as to transfer copies of documents submitted and the probative value thereof are performed are developed.
In order that electronic communication is the normal way to act in the administration of justice also in relation to citizens, expressly it states that the acts of communication can be made in the e-mail address authorized by the recipient or through another telematics system, although this will be possible from 1 January 2017. in addition, the legal certainty of those concerned increases establishing new measures to ensure knowledge of the provision of communication events, such as the sending notification messages, whenever this is possible, electronic devices designated.
Moreover, reflecting technological progress, forecasting ID email address and phone number of the defendant as one of the data that may be useful for localization is introduced. It regulates, also, what people should use mandatory electronic media, including legal persons, establishing a deadline for this to be applied on 1 January 2017.
But also a global application of telematic means to the different procedural steps is performed. The use of electronic means also extends to the processing of letters rogatory, commandments and crafts, exhibition of documents pursuant preliminary hearing or submission of expert reports.
Finally, as a novelty, in representation new means for granting the seizure apud record by electronic appearance are included, as well as to accredit exclusively in the area of the Administration of Justice, by registration in the electronic file apud empowerments record to be created for this purpose and will enter into force on 1 January 2017. This involves the modification of Law 18/2011, of 5 July, regulating the use of information and communications technology in the Justice administration.
Law 1/2000 of 7 January, Civil Procedure, came to establish a new regulation of acts of communication in which both the litigants and their representatives assumed a more active and effective role. The Explanatory Memorandum of the Law of Civil Procedure and highlighted as an important part of this new design, the procurators of the courts, showing that, in their capacity as representatives of the parties and professionals with expertise on the process they were able to receive notifications and carry out the transfer to the opposite side of many writings and documents, and is today responsible for the reception and practice of notifications. After the reforms, including the Law 13/2009 of November 3, reform of procedural legislation for the implementation of the new judicial office, strengthening the role of common services, laid the groundwork for putting new technologies serving the citizens who are in the need to go to court.
Throughout this process of modernization of Justice, Attorney figure, with great historical roots in our legal system, it has had a direct and active intervention, and now is called to play a dynamic role in relations between the parties, their lawyers and court offices. Prosecutors have assumed, as the situation has been requiring, by virtue of their status as cooperators of the Administration of Justice, a greater role in the work of management and processing of court proceedings, playing partly functions today day made compatible with its original function of legal representatives of the litigants. Thus, Law 37/2011, of October 10, Measures of Procedural Streamlining, especially the reform carried out in Article 26 of the Code of Civil Procedure, he came to accentuate this condition that has characterized long acting attorney when performing its role as a collaborator of the Administration of Justice in the line marked by the White Paper of Justice made within the General Council of the Judiciary, which already highlighted the need to consider "whether to tender a system in which, while maintaining the figure of the prosecutor as a representative of citizens before the courts, could the same also assume other duties of cooperation with the courts and with principals defense lawyers of the parties to the proceedings, namely in the context of acts of communication in the process of testing and implementation phases and systems of forced sale of property seized under the terms and limitations set forth elsewhere in this study. "
This Act continues in the indicated part and likewise the condition of the prosecutor as a collaborator of the Administration of Justice who is responsible for carrying out all actions that are necessary for the smooth running momentum and direction of the process.
So, the cast of powers and duties of the attorneys for the realization of acts of communication to people who are not his client is strengthened. The reform of the current dual system precluding the possibility of its realization, either by officials Legal Aid Corps, either by the attorney of the party so requests, at his expense, and in both cases under the direction of Judicial secretary. But requires that all written up a judicial proceeding, execution or court, the applicant has to express their wishes in this regard, understanding that not indicate anything, be practiced by judicial officials starts. However, this scheme shall not apply to the Public Prosecutor or in those proceedings before any jurisdiction in governing the provisions of Article 11 of Law 52/1997, of 27 November, the State Legal Aid and Public Institutions.
As remarkable novelty, the procurators is attributed certification capacity to perform all acts of communication, which will allow them to practice with the same scope and effects as those by officials Legal Aid Corps and, therefore they are exempt from the need to be assisted by witnesses, which will result in streamlining the procedure. Correlatively, in the performance of the aforementioned functions, without prejudice to the possibility of replacement by another prosecutor as provided in Organic Law 6/1985 of 1 July, the judiciary, prosecutors must necessarily act Personal and non-delegable, fully subject to the procedural requirements governing every act, under the strict guidance of the court clerk and judicial control, expressly providing that their performance will be challenged with the clerk and against operative decree of this challenge may be brought in turn, appeal for review before the court.
Directly related to the performance of the prosecutors, to unify the various forensic practices being developed in court regarding procedures sworn accounts of solicitors and claim attorneys' fees, expressly provides for these procedures no requirement for application and, consequently, the absence of legal costs, as well has been picking up repeatedly by the jurisprudence of the Supreme Court.
On the other hand, this reform is used to introduce changes in the regulation of oral proceedings in order to strengthen the guarantees derived from constitutional right to effective judicial protection, which are the result of the practical application of the Law of Procedure civil and that were being demanded by different legal operators.
Among the operated modifications should be highlighted the introduction of the written reply to be submitted within ten days, half the set for the ordinary procedure, thereby generalizing the forecast already collected for certain special procedures, which has led to the adaptation of all provisions related to the processing of verbal judgment and processes whose regulation refers thereto, including Law 60/2003 of 23 December, on Arbitration. Equal importance should be attached to the regulation, in those cases where it is appropriate, the processing of verbal findings in the trial as well as the system of resources of the resolutions on test. Similarly, if the court considers it appropriate, the parties are given the possibility to waive the conclusion of the process of view and are required to be announced in advance the proposition proof interrogation of the party.
Moreover, the need for the draft of the proposed evidence in the preliminary hearing of the ordinary proceedings in writing contribution, without prejudice to reproduce verbally or supplemented in the act, in order to promote the development of states subsequent procedures, not being present at the event and the clerk.
Procedural succession performer is also addressed or executed when execution is already dispatched before the existing legislative gap and the different positions taken by the courts.
Finally, the reform of the Civil Procedure Act gives effect to the judgment of the Court of Justice of the European Union, of 14 June 2012 in Case Spanish Credit Bank, C-618/10, where after examining the regulation of payment procedure in Spain in connection with Directive 93/13 / EEC of 5 April 1993 on unfair terms in consumer contracts, he stated that the Spanish legislation does not it is in line with European Union law on the protection of consumers, to the extent "that does not allow the judge hearing a lawsuit in a payment procedure, even when you have the elements of fact and law necessary to Indeed, ex officio examines -in limine litis or at any stage of the proceeding the unfairness of a default interest clause contained in a contract between a professional and a consumer where the latter has not raised any opposition. " For this reason is introduced in Article 815 of the Code of Civil Procedure, a new paragraph 4, a process that will allow the judge, before the clerk agreed to perform the request, control the possible existence of unfair terms in contracts in which the payment procedures that are directed against consumers or users and, where appropriate, after giving hearing to both parties, resolve it appropriate, without producing effect of res judicata, as required by European rules are based.
Similarly, coverage is given to the judgment of the Court of Justice of the European Union of 6 October 2009 and the criteria established in our jurisprudence by incorporating the possibility of judicial review of unfair terms in the office of enforcement of awards arbitration, as is already provided for non-judicial titles.
This reform also serves to carry 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 Law Commission, the general term personal actions Article 1964, establishing a general five-year period is shortened. This achieves a balance between the interests of the creditor in the conservation of its claim and the need to ensure a maximum is obtained. The transitional provision on this matter allows the application to personal actions arising before the entry into force of this Act, also more of a balanced diet, supplying the new five-year term effect.
Finally, the reform is used to include those modifications that are considered more necessary in relation to the Law 1/1996 of January 10, legal aid, in order to adapt it to the current reality. The reform continues to shape the legal aid system as a public service, publicly funded and provided primarily by the law and the prosecutor's office.
In the reform of the Law on legal aid, we can highlight a first set of changes which responds to the need to address the various interpretative doubts that have been raised and have ended up jeopardizing the uniform application model and therefore, equal access to the right to free legal assistance. For this purpose respond amendments relating to the accuracy of the recognition of the right due to supervening circumstances is not retroactive, to the contributions of the system shall be proportionate in cases of plurality of litigants are entitled to legal aid, or in connection with the effects of the application on the forfeiture or limitation.
A second set of changes are those affecting the definition of the assumptions that allow the recognition of this right, establishing a broader than the existing so far casuistry.
Recognition of the right of free legal assistance to certain victims is maintained in the terms introduced by Royal Decree-Law 3/2013 of 22 February, approving the levy system is modified in the field of Administration Justice and legal aid system, regardless of their economic resources (victims of gender violence, terrorism and human trafficking, children and people with intellectual disabilities or mental illness). This access is accompanied by a specialized care or legal advice from the date of filing of the complaint, establishing a special designation shift professionals to ensure the work of the advice, following the forecasts also reflects the standards of the European Union. This is the case of Directive 2011/36 / EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting victims and which replaces the framework decision 2002/629 / JHA.
In addition, these victims will be defended by the same counsel in all proceedings, whenever possible, so your privacy is guaranteed and the possibility of revictimization is lessened. And on the other hand, it prevents any involved, not only the aggressor, in acts of violence against any of the aforementioned victims as successor of the victim can obtain this benefit. As a result of these reforms the Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence suits.
In the fight against terrorism, to associations whose purpose is the promotion and defense of the rights of victims of terrorism legal aid, regardless of their economic resources is recognized. This includes the reform of Law 29/2011, of 22 September, of Recognition and Integral Protection of Victims of Terrorism.
Reform to ensure greater equity, including within the family unit of four or more members, to large families, regardless of their number, so that the coverage of the system is increased.
In criminal cases, 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 assistance of counsel in criminal proceedings and the proceedings concerning the EAW, expressly recognizes people claimed and detained as a result of a European arrest warrant and surrender the presence of lawyer on duty if you have not designated. Also, to ensure the rights of both beneficiaries and lawyers, it is expressly stated that in criminal matters assistance without having to prove insufficient resources will be provided, without prejudice to pay the fees charged if you are not recognizing the right.
According to 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 legal practitioners to inform their customers of the possibilities offered by mediation. In line with this Community provision, the second additional provision of Law 5/2012, of 6 July, mediation in civil and commercial wine business to establish that the competent public authorities seek to include mediation within the free advice and guidance prior the process provided for in Article 6 of the Law 1/1996 of January 10, legal aid, to the extent possible to reduce both litigation and its costs, complying with this provision reform. Thus, it is expressly included within the provision concerning free advice and beneficiary of the right of free legal aid to receive all information concerning mediation and other non-judicial means of dispute resolution as an alternative to the judicial process orientation. However, the obligation to provide this information is not supposed to be assumed the expenses generated at the briefing that the Law 5/2012, of 6 July, mediation in civil and commercial matters concerns.
The third group of reforms affecting system operation. the development of technology is promoted by regulating the filing of the application, data search and communication of the resolution to the organs by technological means.
Among the anomalies identified in recent years of implementation of the Law 1/1996 of January 10, legal aid, are situations discordance in the data provided by applicants with reality. To try to give a solution, the powers of patrimonial investigation are increased by the Commissions of Free Legal Assistance, so that not only the tax authorities required the confirmation of the data, but can also urge the Cadastre , Social Security and Records and Commercial Property and, in general, to those that allow electronically verify the information provided in the application. Similarly, the information to be checked is not only on income or revenue, but also will take into consideration the heritage. To ensure data protection, the express consent of the applicant is required and, if applicable, your spouse or partner to clarify checking your tax data as part of the family unit.
This approach is also complemented by the possibility that the judge revokes the right if you notice recklessness or abuse of law in the claim protected by the right to free legal aid.
Also it states that the procedure for revocation of the right of free legal aid to be made by the Commission must be concerned with hearing and reasoned decision, attributing to it also the procedure for the declaration that the beneficiary has reached better fortune. Finally, to expedite the processing and adjudication of objections made to the resolutions of the Commission on free legal aid, the deadline to ten days for filing is extended, and a procedure is established in writing, eliminating the view, with some exceptions.
As for the composition of the committees, it is excluded from them to the public prosecutor, which was repeatedly claimed, establishing therefore the presidency a semi-annual rotation among the members. To facilitate the operation of a special regime Commissions substitutions Justice Ministry official part of the same set.
In short, the reform of the Law on Free Legal Aid is a boost to the viability of the Spanish model of free justice.
Reform of Law 29/1998 of 13 July, regulating the Contentious-administrative Jurisdiction It also undertakes to allow public servants, who have recognized the right of free legal aid regardless of their resources, they can appear by themselves in defense of their statutory rights, where they relate to personnel matters that do not involve separation of irremovable public employees, bringing the existing regulation before the Law 10/2012 recovers.
Finally, Law 10/2012, of 20 November, amending certain rates are regulated in the field of Administration of Justice and the National Institute of Toxicology and Forensic Sciences is changed to transpose the pronouncements of the Constitutional Court regarding the possibility of payment of the fee within the time limit for the correction of accreditation have done the reverse.
Sole Article. Amendment of Law 1/2000 of 7 January on Civil Procedure.
Law 1/2000 of 7 January, Civil Procedure Code, is amended as follows:
One. paragraph 2 of Article 14, which reads as follows modified:
'2. When the law allows the defendant to call a third party to intervene in the process, we will proceed according to the following rules:
The defendant asked the court to be notified to the third pendency of the trial. The application must be submitted within the time allowed to answer the demand.
The clerk shall order the interruption of the period to answer the demand with effect from the day the application was filed, and agree to hear the complainant within ten days, solving the court by order what appropriate.
3rd The period allowed the defendant to answer the demand will resume with the notice to the defendant of the rejection of its request or, if estimated, with the transfer of defense lodged by the third and in any if, on expiry of the period granted to the latter to answer the demand.
4th If appeared the third, the defendant considers that its place in the process must be occupied by one, proceed as provided in Article 18.
5th case proves that the judgment acquitted the third, the costs may be imposed who asked to intervene in accordance with the general criteria of Article 394. "
Two. paragraphs 1 and 2 of Article 23 are amended and paragraphs 4, 5 and 6, which reads as follows are added:
"1. The appearance in court will be through prosecutor, who will be LL.B., Bachelor of Law degree or other equivalent degree, able to practice in the court hearing the trial.
2. Notwithstanding the provisions of the preceding paragraph, may appear litigants themselves:
1st In the verbal judgments whose determination has been made because of the amount and it does not exceed 2,000 euros, and for the initial request for payment procedures, as provided in this Act.
2nd in universal judgments, when hearing the presentation of debt securities or rights is limited, or to attend meetings.
3.º In incidents involving contestation of decisions regarding free legal aid, and when urgent measures are requested prior to trial.
4. Under the terms established in this Act it corresponds to prosecutors the practice of procedural acts of communication and conducting relief efforts and cooperation with the courts.
5. To carry out acts of communication, they shall hold certification capacity and have the necessary credentials.
In the exercise of their duties under this paragraph and without prejudice to the possibility of replacement by another prosecutor as provided in the Organic Law of the Judiciary, act personal and non-delegable form and performance will be challenged before the clerk under the procedure provided for in articles 452 and 453. Against the decree resolving this dispute may appeal for review.
6. For the practice of procedural and other acts functions attributed to prosecutors, the College of Procurators organize the necessary services. "
Three. Article 24, which reads as follows modified:
"Article 24. Seizure of attorney.
1. The power in the party gives its representation the attorney must be authorized by a notary or apud acta be conferred by personal appearance before the clerk of any court office or by electronic appearance in the appropriate court.
2. The electronic copy of the notarized power of attorney, information or digitized, will be accompanied to the first writing that the prosecutor present.
3. The granting apud acta personnel or electronic hearing shall be conducted while the first written submission or, where appropriate, before the first performance, without granting concur that the prosecutor said. This seizure may also be accredited by certifying their registration in the electronic filing of powers of attorney apud record of judicial offices. "
Four. 7th paragraph of paragraph 2 of Article 26, which reads as follows modified:
"7th To pay all expenses was caused to his body, except the attorneys' fees and cost of the experts, fees for the exercise of judicial power and the deposits required for lodging appeals unless the principal has given him the necessary funds for payment. "
Five. 1st paragraph of paragraph 2 of Article 31, which reads as follows modified:
'2. Excepting only:
1st Verbal judgments whose determination has been made because of the amount and it does not exceed 2,000 euros, and the initial request for payment procedures as provided in this Act. "
Six. Article 34, which reads as follows modified:
"Article 34. Account prosecutor.
1. When a prosecutor has to demand his delinquent principal amounts it owed for the rights and expenses that it has supplied to the issue, you may file with the clerk of where it radicare detailed and justified account, stating that they are due and not paid the amounts that result and claim it. Equal right to have their heirs prosecutors respect to claims of this nature than those forsake them. Not be mandatory representation by a lawyer or solicitor.
2. Presented account and admitted by the clerk, it will require the principal to pay that amount or to contest the account to be improper, within ten days, under penalty of urgency if fails to pay or formulare challenge.
If, within that period, the principal objects, the clerk shall transmit to the prosecutor for three days to rule on the challenge. Then the clerk will review the account and the court proceedings, as well as the documentation, and issue, within ten days, decree determining the amount to be satisfied the prosecutor, under penalty of urgency if payment is not carried out within the following five days of notification.
The decree which the preceding paragraph refers to not be subject to appeal, but without prejudice, even partially, the sentence which may fall in subsequent ordinary proceedings.
3. If the principal does not formulare opposition within the prescribed period, execution will be dispatched by the amount amounting to account. "
Seven. Article 35, which reads as follows modified:
"Article 35. Attorneys' Fees.
1. Lawyers may claim against the party to defend the payment of fees which have accrued in the matter, and formally presenting detailed memorandum stating that those fees are due and they have not been satisfied. Equal rights lawyers have their heirs respect to claims of this nature than those forsake them. Not be mandatory representation by a lawyer or solicitor.
2. Filed this claim, the court clerk will require the debtor to pay that amount or to contest the account within ten days, under penalty of urgency if fails to pay or formulare challenge.
If, within that period, fees for improper is any dispute, it shall be as provided in the second and third paragraphs of section 2 of the previous article.
If excessive fees is challenged, the court clerk will transfer to the lawyer for three days to rule on the challenge. If the reduction of fees that you claim is not accepted, the clerk previously proceed to its regulation as provided in Articles 241 and following, unless the lawyer certifying the existence of previous budget in writing accepted by the appellant, and It will issue a decree setting the amount due, under penalty of urgency if not should pay within five days of notification.
This decree will not be subject to appeal, but without prejudice, even partially, the sentence which may fall in subsequent ordinary proceedings.
3. If the person paying the fees formulare no opposition within the prescribed period, execution will be dispatched by the amount amounting to the minutes. "
Eight. paragraphs 2 and 3 of Article 52, which reads as follows modified:
'2. When the above rules are not of application to disputes in insurance, installment sales of movable tangible property and contracts for financing, as well as on contracts to provide services or relating to movable goods whose celebration had was preceded by a public offering, it shall be the court of the insured, buyer or borrower's home or the home of someone who has accepted the offer, respectively, or appropriate under the rules of articles 50 and 51, chosen by the applicant .
3. When the rules of the preceding paragraphs are not of application to disputes arising from the exercise of individual actions of consumers or users will be competent, the choice of the consumer or user, the court of domicile or the appropriate court in accordance with Articles 50 and 51 . "
Nine. paragraph 1 of Article 64, which reads as follows is modified:
"1. The declination will be proposed within the first ten days of the deadline for replying to the demand, and have the effect of suspending, until it is resolved, the deadline for response and the course of the main proceedings, suspension declare the clerk. "
Ten. paragraph 1 of Article 77, which reads as follows is modified:
"1. Except as provided in Article 555 of this Act on the accumulation of implementation processes, only proceed accumulation of declarative processes by the same procedures or whose processing can be unified without loss of procedural rights to be conducted, provided that either of the causes expressed in this chapter.
It is understood that there is no loss of procedural rights when the accumulation of an ordinary trial and a verbal trial, which will continue through the formalities of ordinary trial, ordering the court in the car by the agreed upon accumulation agreed, and If necessary, roll back until answer to the complaint the actions of the oral proceedings which has been accumulated, in order to follow the procedures provided for ordinary trial. "
Once. Article 80, which reads as follows modified:
"Article 80. Accumulation of processes in the oral proceedings.
In the oral proceedings, the backlog of cases pending before the same court shall be governed by the rules of the next section. "
Twelve. a paragraph 4 to Article 130, which reads as follows is added:
"4. The provisions of the preceding paragraphs shall be without prejudice to be established for electronic performances. "
Thirteen. Article 135, which reads as follows modified:
"Article 135. Submission of written within the meaning of time requirement of procedural acts.
1. When judicial offices and the subjects involved in the process are forced to use existing telematic or electronic systems in the Administration of Justice under Article 273, shall send and receive all written, initiators or not, and other documents through these systems, except as otherwise provided by law, so that the authenticity of communications is guaranteed and remains a reliable record of integrity remission and reception as well as of the date they are doest. This shall also apply to those involved who, without being obliged to opt for the use of telematic or electronic systems.
They may submit written and electronic documents every day of the year for twenty-four hours.
Submission of pleadings and documents by electronic means, receipt will be automatically issued by the same means, stating the number of log entry and the date and time of presentation, which are presumed to be presented for all purposes . If the presentation takes place in a non-business day or time for the proceedings according to law, it shall be understood the first time next business day.
For testing purposes and compliance with legal requirements requiring original documents available or reliable copies, it will be as provided in Article 162.
2. When filing peremptory written in time by telematic or electronic means in the preceding paragraph is not possible by unplanned outage telematic or electronic communications means whenever possible measures should be provided to the user result informed of this situation and the effects of the suspension, with express indication, where appropriate, the extension of deadlines due imminently. The sender may, in this case, presentation in judicial office on the first business day following the receipt of such accompanying interruption.
In cases of planned interruption must be announced well in advance, reporting alternative means of filing in that case proceed.
3. If the service of telematic or electronic communications is inadequate for the submission of written or documents should be provided in electronic form in the judicial office that day or the next working day, together with the receipt issued by the server have tried presentation unsuccessfully. In these cases, receipt of receipt will be given.
4. Notwithstanding the foregoing, the writings and documents shall be submitted on paper when stakeholders are not obliged to use electronic means and would not have chosen to do so, they are not amenable to conversion into electronic form and in other cases provided for in the laws. These documents, as well as instruments or effects that accompany be deposited and kept in the file, management or definitive judicial office, available to the parties and assigned a serial number, and for the record in the electronic court file of its existence.
If written submissions and paper documents, the official appointed to affix it in the writings of initiation of the procedure and any other corresponding stamp which shall include the office whose presentation is subject to strict time limit court before which it is presented and the day and time of the presentation.
5. Written submissions and documents, whatever the form, if it be subject to term, may be made up to fifteen hours of the working day following the deadline.
In proceedings before the civil courts, not the written submissions in court to provide watchkeeping be admitted. "
Catorce. paragraph 3 of Article 146, which reads as follows is modified:
'3. The courts may use technical means of documentation and archiving of their actions and writings and documents receive you, with the guarantees paragraph 1 of Article 135 of this Act refers to. We also may use technical means of monitoring the status of the processes and statistics on them. "
. the first paragraph of Article 147, which reads as follows modified:
"The oral proceedings in view, held hearings and hearings before judges or magistrates or, where appropriate, court clerks to be recorded in support suitable for recording and playback of sound and image and not be transcribed. "
Sixteen. paragraph 2 of Article 151, which reads as follows is modified:
'2. Acts of communication to the public prosecutor, to the State Bar, the Clerks of Parliament and the Legislative Assemblies, or the Legal Department of the Administration of Social Security, other public authorities of the Autonomous Communities or Local Authorities, as well as those who are practiced through the notification services organized by the College of Procurators shall be considered made the business day following the date of receipt attesting to the diligence or receipt proving receipt when the act of communication has been made by the media and with the requirements of Article 162. when the act of communication was sent after 15:00 hours, will be considered as received the next business day. "
Seventeen. Article 152, which reads as follows modified:
"Article 152. Form of acts of communication. Answer.
1. Communication acts will be under the direction of the court clerk, who will be responsible for the proper organization of the service. Such actions will be implemented by:
officials Legal Aid Corps.
2nd Part Attorney request.
To this end, all written to start a judicial procedure, execution, or another instance, the applicant must state whether interest that all acts of communication are made by your attorney. If no actions prove anything about it, the clerk shall proceed to cars, performing such acts by officials of the Legal Aid Corps. They will also be made by the latter if the defendants appealed executed or not expressly requested in its personación that are made by your attorney or if the parties were beneficiaries of the right to free legal aid.
Applicants may, with reasons and concurring just cause, request modification of the original scheme, the clerk proceeding, if considered justified, to perform the successive acts of communication according to the new request.
be taken by validly performed these acts of communication when diligence is enough evidence of having been practiced in person, at home, in the e-mail address authorized to receive electronically appearance or telematic or electronic means chosen by the recipient.
For this purpose, the prosecutor credited under its responsibility, identity and condition of the recipient of the act of communication, making sure that the copy remains reliable record of the reception, date and time and content of the statement .
2. Communication acts will be practiced through electronic means where the parties involved in the process are forced to use existing telematic or electronic systems in the Administration of Justice under Article 273, or when those, without being obliged, opt for the use of the media, subject in all cases to the provisions of the regulations governing the use of information and communications technology in the Administration of Justice.
However, no communication events will be practiced through electronic means where the act is accompanied by elements that are not susceptible to conversion into electronic form or otherwise provided by law.
The recipient can identify an electronic device, simple messaging service or email address that will serve to inform the making available of an act of communication, but not to practice notifications. In such a case, regardless of how the act of communication takes place, the court office will send the said notice. The lack of practice of this notice shall not prevent the notification is deemed fully valid.
3. Acts of communication shall be made in any of the following forms, as provided by this Act:
1st Through prosecutor in the case of communications to those who are in the process personates representation thereof.
2nd Referral of what you have to communicate by mail, telegram, email or any other electronic medium capable of delivering on the cars reliable record of the reception, date and time and content of the statement.
3rd Delivery to the recipient of literal copy of the resolution that will have to notify, the requirement that the court or the clerk directs him or subpoena or summons.
4th In any case, by the personnel working for the Administration of Justice, through electronic means, in the case of the Public Prosecutor of the State Bar of the lawyers of the Parliament and Legislative or Legal Service of the Social Security Administration, other public authorities of the Autonomous Communities or Local authorities, if they had not appointed attorney assemblies.
4. It will be on the ballot papers clearly state the legal nature of the letter, and express the tribunal or court clerk who had taken the decision and the case which has resulted in the full name of the person to whom the subpoena or summons is made, and the prosecutor in charge of complete it, if necessary, the object of these and the place, date and time should appear the above, or the period within which the action to be performed for the site relates, prevention effects which, in each case by law.
5. In notifications, summonses will not be admitted or consign any response from the person concerned, unless this has been so commanded. In the reply given requirements required, consigning it succinctly in the coach admitted. "
. paragraph 2 of Article 154, which reads as follows is modified:
'2. Remittance and receipt of acts of communication with prosecutors in this service will be made, except as otherwise provided in the law, telematic or electronic means and the receipt proving their receipt to Article 162 refers || |
If the act were to be done on paper, will be sent to the service, duplicate, copy of the resolution or the certificate, of which the attorney will receive a copy and sign another, which will be returned to judicial office the service itself. "
. paragraph 2 of Article 155, which reads as follows is modified:
'2. The address of the applicant shall be that which has been issued by the demand or petition or request that the process starts. The applicant also designated as the defendant's domicile, for the purposes of the first summons or citation of this, one or more of the places the next section of this article refers to. If the plaintiff designate several places as addresses, indicate the order in which, in his view, can be successfully communication.
In addition, the applicant should indicate how much data knows the defendant and that could be helpful to locate it, such as phone numbers, fax, email address or similar, to be used subject to the provisions of Law 18/2011, of 5 July, regulating the use of information and communications technology in the Administration of Justice.
The defendant, once appeared, appoint, for subsequent communications, a different address. "
. paragraph 1 of Article 159, which reads as follows is modified:
"1. Communications to be made to witnesses, experts and other persons who, without being party to the trial, should take part in it, are sent to the recipients pursuant to paragraph 1 of Article 160. Notification shall be made at home designated by the interested party may be performed, if any, inquiries Article 156. These communications will be diligenciadas by the procurator of the party who has proposed, if they have been requested concerns. "
Veintiuno. Article 161, which reads as follows modified:
"Article 161. Communication via copy of the judgment or decree.
1. Delivery to the recipient of the communication of the copy of the resolution or the card will take place at the seat of the court or at the address of the person to be notified, required, cited or summoned, without prejudice to the provisions in the field of execution.
The delivery will be documented through diligence that will be signed by the officer or attorney that made and the person is made, whose name shall be recorded.
2. When the recipient of the communication is found in the home and refuse to receive the copy of the resolution or certificate or unwilling to sign the certifying diligence delivery, officer or attorney to assume its practice will let you know that copying the resolution or the card is available at the court office, producing the effects of communication, all of which will be recorded in the proceedings.
3. If the address where it is intended practice communication regardless of the place where the recipient is domiciled according to the municipal register, or tax purposes, or as official register or publications by professional associations, or be the home or premises leased to the defendant, and not situated there that recipient, you may be effected delivery, in a sealed envelope, to any employee, family member or person cohabiting, aged fourteen, who is in that place, or the concierge of the building, if any , warning the receiver is required to submit a copy of the resolution or the certificate to the recipient thereof, or to give notice, if you know his whereabouts, warning in any case the recipient of its responsibility for the protection of the data recipient .
If communication may be addressed to the place of non-casual work of the recipient, in his absence, the delivery person shall be made manifest that meet or, if any agency responsible for receiving documents or objects, whom he had been in charge it, with the same warnings in the previous paragraph.
State the name of the person to whom the communication and the date and time in which he was sought and not found at home, and the name of the person receiving the copy of the resolution will be placed on the diligence or the card and that person's relationship with the recipient, producing all its effects on communication as well.
4. In the event that anyone is not found in the address to which you go to practice an act of communication, the clerk, officer or prosecutor, will seek to find out if your recipient lives there.
If you no longer resided or would work in the home to which he goes and some of those questioned knew the current shall be entered in the negative diligence communication, proceeding to the realization of the act of communication at the address provided.
If I could not be known by this means the domicile of the defendant and the plaintiff has not designated other possible addresses, proceed in accordance with the provisions of Article 156. "
Twenty-two. Article 162, which reads as follows modified:
"Article 162. Acts of communication by electronic, computer and the like.
1. When judicial offices and the parties or recipients of acts of communication are required to send and receive electronic, telematic, infotelecomunicaciones or other similar method that allows for the sending and receiving letters and documents, so that is guaranteed the authenticity of the communication and its contents and remain reliable record of remission and integrity reception and the time they were made, or when recipients choose these means, acts of communication will be made by those with the guard receipt certifying appropriate.
Professionals and forced to use these means recipients and those opting for them, must notify the court offices the fact of the above media and email address empowered to do so.
Also will be established in the Ministry of Justice register electronically accessible media indicated and the corresponding public and forced to use professional bodies addresses.
2. In any of the cases to which this article refers, when comprising the correct referral act of communication by such technical means, except those charged through the notification services organized by the College of Procurators elapsed three days without the recipient to access its content, means that communication has been lawfully made fully deploy its effects.
Those cases where the recipient justify the lack of access to system notifications during that period are excepted. If lack of access was due to technical reasons and these they persist in the time to put them knowledge, the act of communication will be performed by delivery of a copy of the resolution. In any case, the notification shall be considered validly received at the time stating the possibility of access to the system. However, the case of such access period elapsed but before the communication made by delivery, need not be validly made communication on the date stated on the receipt proving receipt.
Will not practice acts of communication professionals electronically during the days of August, unless they are working for the actions concerned.
3. When the authenticity of decisions, documents, opinions or reports submitted or transmitted by the media in the preceding paragraph could only be recognized or verified by direct examination or by other processes, may, however, be submitted in electronic form referred to by digitized images thereof, as provided in articles 267 and 268 of this Act, although in case any of the parties, the court in family proceedings, disability or affiliation, or the prosecution, as well at their request, shall be provided those in the original paper support, within or procedural moment that purpose stated. "
Twenty-three. the first paragraph of Article 164, which reads as follows modified:
"When practiced where appropriate inquiries that Article 156 refers to, not MIGHT know the address of the recipient of the communication, or when is unable hallársele or made communication with all its effects, as set out in previous articles, or when so agreed in the event that paragraph 2 of Article 157 referred to the clerk, consigned these circumstances, command the communication is made by setting the copy of the resolution or the card on the bulletin ads judicial office in accordance with Law 18/2011, of 5 July, regulating the use of information and communications technology in the administration of justice, in any event preserving the rights and interests of minors and other rights and freedoms that may be affected by advertising them. Such advertising may be replaced under the terms established by regulation, by the use of other telematic, computer or electronic means. "
Twenty-four. Article 165, which reads as follows modified:
"Article 165. Acts of communication through judicial assistance.
When communication acts are to be performed by court other than that has been ordered, the office will be forwarded through the judicial computer system except in cases in which be performed on paper by going the act accompanied by elements not they are capable of conversion into electronic format, and copy or corresponding certificate and otherwise appropriate in each case be attached.
These acts of communication shall be completed no later than twenty days from receipt, it must be returned in accordance with the provisions of the preceding paragraph. When not made at the right time, for which purpose it will require the clerk for enforcement, they will have to express, if any, causes of procrastination.
Such acts may be made, at the request of a party, by proxy, in charge of compliance in the same terms established in the preceding paragraph. "
. paragraph 1 of Article 167, which reads as follows is modified:
"1. The commandments and crafts will be sent directly by the clerk to the issuing authority or official to whom they are addressed, having the means provided in Article 162. used
However, if so requested, the parties may personally fill the commandments and crafts. "
Twenty-six. paragraphs 1, 2 and 3 of Article 172, which reads as follows modified:
"1. Rogatory be sent directly appealed through the judicial computer system or any other telematic or electronic means, except in cases in which be performed on paper to go the act accompanied by elements that are not amenable to conversion into electronic format body.
In any case, the system used must ensure consistency of the remittance and receipt of the warrant.
2. Notwithstanding the foregoing, if the interested party that compliance of the warrant requested, will be issued under its responsibility, for submission in the body appealed within five days. In this case, the warrant shall state the person who is responsible for its management, which can only be the litigant himself or prosecutor who is appointed.
3. Other parties may also wish to appoint attorney when the resolutions issued the warrant for compliance notified to them. The same interested party may make in meeting the warrant, when you have not requested that he deliver it for the purposes specified in the preceding paragraph. Such designations shall be recorded in the documentation of the warrant. "
Veintisiete. Article 175, which reads as follows modified:
"Article 175. Return of the warrant.
1. Completed the warrant, it is communicated to the letters rogatory as provided in paragraph 1 of Article 172.
2. The actions of judicial assistance practiced, if they could not send electronically, shall be sent by registered mail or delivered to the litigant or the prosecutor to which it entrusts implementation of the warrant, that present in exhorting body within ten days . "
Twenty-eight. paragraph 2 of Article 243, which reads as follows is modified:
'2. is not included in the valuation corresponding to writings and actions are useless, superfluous or not authorized by law, or items of the minutes that are not expressed in detail or relating to fees which have not been accrued in the litigation rights .
Also be included in the taxation of costs procurators rights accrued by performing procedural acts of communication, cooperation and assistance to the administration of justice as well as other purely facultative actions that could have been practiced, otherwise, by judicial offices.
The clerk will reduce the amount of the fees of lawyers and other professionals who are not subject to tariff or tariff, if the claimed exceeding the limit in paragraph 3 of Article 394 concerns and had not been declared recklessness I litigant ordered to pay costs.
In the valuations of costs, attorney fees and attorney rights include the value added tax in accordance with the provisions of the law governing it. the amount of the tax is computed for the purposes of paragraph 3 of Article 394. "
Veintinueve. paragraph 3 of Article 255, which reads as follows is modified:
'3. In the oral proceedings, the defendant challenge the amount or the kind of judgment because of the amount in response to the petition, and the court will resolve the issue at the hearing, before entering into the merits of the case and after hearing procedure the actor. "
. paragraph 2 of Article 259, which reads as follows is modified:
'2. The documents and titles referred to the measures referred to in paragraph 1 of Article 256 shall be filed with the court for display by telematic or electronic means, in which case examination is held at the headquarters of the judicial office, being able to obtain the requesting party with the means to provide, electronic copies thereof.
In any case, the applicant may appeal advised by an expert in the field, which always act at the expense of the applicant. "
Thirty-one. paragraph 1 of Article 260, which reads as follows is modified:
"1. Within that in receiving the summons five days, the person required for the practice of preliminary proceedings may oppose them. You will be forwarded to the requesting opposition, who may challenge it in writing within five days in such a case. The parties, in their respective letters of opposition and challenge of it, may request a hearing, being followed the procedures provided for oral proceedings. "
Thirty-two. Article 264, which reads as follows modified:
"Article 264. Procedural documents.
With the claim or defense to be filed:
1st power of attorney given the attorney if it intervenes and representation not be granted apud minutes.
2. Those documents proving the representation that the litigant is attributed.
3.º documents or opinions that prove the value of the litigious thing, for the purposes of jurisdiction and procedure. "
Thirty-three. paragraph 4 of Article 265 shall be deleted and paragraph 3 of that provision, which reads as follows amending:
'3. Notwithstanding the provisions of the preceding paragraphs, the actor may at the pretrial hearing or at the hearing of oral proceedings, documents, media, tools, opinions and information relating to the merits, whose interest or relevance only it is evident as a result of allegations made by the defendant in response to demand. "
Thirty-four. Article 273, which reads as follows modified:
"Article 273. Form of presentation of the writings and documents.
1. All legal practitioners are required to use existing telematic or electronic systems in the Administration of Justice for submitting written, initiators or not, and other documents, so that the authenticity of the presentation is guaranteed and the record reliable referral reception and integrity, as well as the date they are doest.
2. People who are not represented by an attorney may choose at any time if they act before the Administration of Justice through electronic means or not, unless they are forced to interact through electronic means with it. The chosen medium may be amended at any time.
3. In any case, they are obliged to intervene through electronic means with the Administration of Justice, at least the following subjects:
A) Legal entities.
B) entities without legal personality.
C) persons exercising a professional activity for which compulsory licensing for the procedures and actions taken by the Administration of Justice in pursuit of his professional activity required.
D) Notaries and registrars.
E) Those representing an applicant is required to electronically with the administration of justice.
F) Officials of Public Administration for the steps and actions to perform by virtue of his office.
4. The writings and documents submitted by telematics or electronically indicate the type and number of record and year to which they relate and shall be properly foliated by an electronic index to its proper location and consultation. The presentation will be made using electronic signature and will conform to the provisions of Law 18/2011 of 5 July, regulating the use of information and communications technology in the Administration of Justice.
Only the writings and documents electronically or electronically that result in the first location, subpoena or request of the defendant or executed submitted, must be provided on paper, in the next three days, so few are the verbatim copies other parts.
5. Breach of the duty of the use of technologies provided in this article or technical specifications established entail that the court clerk grant a maximum period of five days to correct them. If not remedied within this period, the writings and documents have not presented for all purposes.
6. Without prejudice to the provisions of this article, writings and documents shall be submitted on paper when expressly provided by law.
Of all written and of any documents to be provided or present on paper and the views are so many literal copies as the other parties shall be accompanied. "
Thirty-five. Article 274, which reads as follows modified:
"Article 274. Transfer by the judicial office copies to other interested parties, where prosecutors do not intervene.
When the parties do not act represented by proxy, will sign copies of the pleadings and documents submitted in response to its accuracy, and such copies shall be delivered by the clerk to the other party or parties.
If the presentation will be made by electronic means by being forced or have chosen to do so, provided they meet the budgets and requirements, transfer copies to the other parties will be made by the court office by any means necessary. "
Thirty-six. Article 276, which reads as follows modified:
"Article 276. Transfer of copies of pleadings and documents when prosecutor intervene.
1. When the parties estuvieren represented by proxy, each of them must move to the procurators of the remaining parts of the copies of the pleadings and documents submitted to the court.
2. The transfer of copies of the pleadings and documents submitted telematically, be made by electronic means simultaneously with the presentation and shall be effected on the date and time recorded in the receipt proving your presentation. If the transfer takes place in a non-business day and time for the proceedings under the law shall mean made the first time next business day.
3. In the case of submission on paper in accordance with paragraph 4 of Article 135, the prosecutor must move telematically and in advance to the procurators of the other parties copies of the pleadings and documents to be submitted to the court.
4. The provisions of the preceding paragraphs of this article shall not apply in the case of transfer of claim or any other writing that may cause the first appearance in court. In such cases, the prosecutor must accompany copies of those papers and documents that they accompany and the clerk made the transfer in accordance with the provisions of Articles 273 and 274 of this Law. If the prosecutor omit the presentation of these copies, will have to written not submitted or documents not provided, for all purposes. "
Thirty-seven. Article 278, which reads as follows modified:
"Article 278. Effects of moving about the course and calculating deadlines.
When the act which has been transmitted in the manner prescribed in Article 276 stipulates, according to the law, the opening of a deadline for carrying out a procedural act, the time limit begins its course without intervention of the court and shall counted from the day following the date has noted on copies delivered or the date on which the transfer is made to understand the technical means that Article 135 refers to use day "
Thirty-eight. paragraph 2 of Article 285, which reads as follows is modified:
'2. Against the resolution supported or declared inadmissible each of the tests only be appealed replacement, which is managed and resolved in the act, and, if desestimare, the party may make protest the purpose of asserting their rights in the second instance. "
Thirty-nine. paragraphs 1 and 2 of Article 320, which reads as follows modified:
"1. If the authenticity of a public document is challenged, so you can make full proof will proceed as follows:
1st Copies, certifications or reliable evidence is collated or checked with the original, wherever they may be, already submitted in electronic, computer or paper or digital.
The notarised by Business Broker will be checked with seats Record Book.
2. Collating or checking public documents with their originals by the clerk, becoming the effect on the local file or where the original or parent is found, a presence, be practiced if concur, the parties and their supporters, who will mentioned purpose.
If public documents were electronically, the comparison with the original by the clerk will practice in the judicial office, to present, if concur, the parties and their supporters, who will be summoned to the effect. "| || Forty
. Article 333, which reads as follows modified:
"Article 333. Removing copies of documents other than written texts.
In the case of drawings, photographs, sketches, drawings, maps and other documents that are not predominantly incorporate written texts, if only existed the original, the party may request a copy on display is obtained, in the presence of the court clerk, that faith will be faithful and accurate reproduction of the original.
If these documents are provided in electronic form, copies made by electronic means by the judicial office shall be considered authentic copies. "
Forty-one. paragraphs 1 and 4 are modified and a new paragraph 5 of Article 336, which reads as follows is added:
"1. The opinions of the litigants have prepared by experts appointed by them and they deem necessary or appropriate for the defense of their rights, have to provide it with the claim or the defense, without prejudice to Article 337. '
"4. A defendant who can not provide written opinions with the answer to the application must justify the impossibility of ordering them and get them to answer within.
5. At the request of a party, the court or tribunal may agree to allow the defendant examined by counsel or expert things and places whose condition and circumstances relevant to his defense or for the preparation of expert reports it intends to present. Also, in the case of personal injury claims, it may call the actor to allow examination by a physician, to prepare an expert report. "
Forty-two. paragraph 2 of Article 338, which reads as follows is modified:
'2. The opinions whose necessity or usefulness comes raised by the answer to the complaint or the allegation and claimed in the pre-trial hearing will be provided by the parties, for transfer to the contrary, at least five days prior to the celebration of judgment or vision, stating the parties to court if deemed necessary to attend such a trial or hearing the expert opinions of the authors, stating what is stated in paragraph 2 of Article 337.
The court may also decide in this case the presence of experts in the trial or hearing in the terms indicated in paragraph 2 of the preceding article. "
Forty-three. the first three paragraphs of Article 339, which reads as follows modified:
"1. If either party was rightholder free legal aid, you will not have to contribute to the claim or defense expert opinion, but simply announce, for purposes that are applicable to the judicial appointment of an expert, as that It sets out in the Act free legal aid.
2. The plaintiff or defendant, but are not in the case of the preceding paragraph may also apply in their initial respective writings to proceed to judicial appointment of an expert, if appropriate or necessary to understand their interests issuing expert report. In such a case, the court shall make the designation. This opinion will be at the expense of the person who requested it, notwithstanding that might be agreed on costs.
concerns allegations or claims not contained in the application, not may, after the claim or defense, expert report prepared by court-appointed expert.
The judicial appointment of expert shall be made within five days from the filing of the answer to the application, regardless of who has requested such a designation. When both parties had initially requested, the court may designate, if those is agreement, a single expert to issue the requested report. In this case, the payment of the fees of the expert shall realize both litigants equally, notwithstanding that might be agreed on costs.
3. In the ordinary trial, if, as a result of the allegations or additional claims allowed in the hearing, the parties requested them, according prevents paragraph 4 of Article 427, the appointment by the court of an expert to rule, I remember it well, always consider the opinion relevant and useful.
The same may make the court in the case of oral proceedings and the parties to request the appointment of an expert view, in which case it will be interrupted until the ruling is made. "
Forty-four. Article 346, which reads as follows modified:
"Article 346. Issue and ratification of the opinion by the expert appointed by the court.
The expert appointed by the court will issue a written opinion, which shall transmit electronically to the court within which he has indicated. In that opinion shall transmit by the clerk to the parties if deemed necessary by the expert concurs to the trial or sight to the effect that contribution clarifications or explanations that are timely. The court may decide, in any case, by providence, which considers necessary the presence of the expert at trial or vision to better understand and assess the opinion made. "
Forty-five. paragraph 1 of Article 382, which reads as follows is modified:
"1. The parties may propose as evidence in court reproduction of words, images and captured by instruments filming, recording and other similar sounds. In proposing this test, the part must be accompanied, where appropriate, the words written on the media in question and that are relevant to the case transcript. "
Forty-six. the second paragraph of paragraph 1 of Article 383, which reads as follows shall be deleted:
"1. Acts carried out under previous article timely act, where he entered as necessary for the identification of films, recordings and reproductions carried out and, where appropriate, justifications and provided advice will rise or tests performed. "
Forty-seven. paragraph 1 of Article 415, which reads as follows is modified:
"1. Comparecidas the parties, the court will declare open the event and check if the dispute remains between them.
If manifestasen have reached an agreement or show themselves willing to conclude immediately, may withdraw from the process or request the court to homologue agreed.
The parties by mutual agreement may also request the suspension of the process in accordance with the provisions of paragraph 4 of Article 19, to undergo mediation.
In this case, the court first examine the concurrence of the requirements of legal capacity and power available to the parties or their duly accredited representatives attending the ceremony. "
Forty-eight. paragraph 1 of Article 429, which reads as follows is modified:
"1. If no agreement of the parties to terminate the proceedings or conformity existed on the facts, the hearing will continue for the proposal and admission of evidence.
The test will be proposed verbally, without prejudice to the obligation of the parties to provide the detailed written act of the same and can complete it during the hearing. The omission of the presentation of the letter will not lead to the rejection of the test, this being conditioned to be presented within the next two days.
When the court considers that the evidence proposed by the parties could be insufficient to clarify the disputed facts will reveal what the parties indicating the fact or facts which, in his view, could be affected by insufficient evidence. In making this statement, the court, sticking to the evidence whose existence results from the cars, may also bring proof or evidence whose practice deems appropriate.
In the case to which the preceding paragraph, the parties may supplement or modify their proposals test in view of the statement by the court. "
Forty-nine. Article 437, which reads as follows modified:
"Article 437. Form of demand. objective and subjective accumulation of actions.
1. The oral proceedings shall begin on demand, with the content and form of ordinary own judgment, being also applicable provisions for such judgment regarding preclusion of arguments and lis pendens.
2. However, verbal judgments not act barrister and solicitor, the applicant may make a succinct demand, where the facts and circumstances of identification of the actor and the defendant and the address or addresses be entered in that can be cited and it shall be clearly and precisely what is ordered, specifying the fundamental facts on which the petition is based.
To this end, they may fill some standard forms to be found available in the appropriate judicial body.
3. If the eviction of urban property is requested for non-payment of rents or amounts due to the lessor, or legal or contractual expiry of the deadline on the application, the applicant may announce in it that is committed to condoning the lessee all or part debt and the costs, stating the specific amount, conditioning it to the voluntary evacuation of the property within the time limit stipulated by the lessor, which may not be less than fifteen days since the demand is notified. It may also be interested in demand that has the requested execution of the release date and time to be fixed by the court for the purposes specified in paragraph 3 of Article 549.
4. It is allowed for the oral proceedings the objective joinder, with the following exceptions:
1st accumulation of actions based on the same facts, wherever appropriate, in any case, the verbal judgment.
2nd Accumulating action for compensation for damages to another action that is referred to it.
3rd Accumulating shares similar claim income or amounts due and unpaid, in the case of judgments farm evictions for nonpayment or legal or contractual expiry of the deadline, regardless of the amount it is claimed. They may also accumulate the actions instituted against the surety or guarantor requirement prior solidarity not satisfied payment.
The procedures for separation, divorce or annulment and in the aimed obtain civil effectiveness of ecclesiastical resolutions or decisions, either spouse may simultaneously exercise the action of division of the common thing regarding goods having in undivided ordinary community. If there are several undivided assets under ordinary community and one of the spouses so request, the court may consider them together for the purpose of forming lots or award contracts.
5. They can accumulate the actions one has against several subjects to one or more provided that the requirements set out in Article 72 and paragraph 1 of Article 73 are met "
. Article 438, which reads as follows modified:
"Article 438. Admission of claim and defense. Counterclaim.
1. The clerk, examined the demand, allowed by decree or she will notice the court in the cases of Article 404 to resolve as appropriate. Admitted demand, it will transfer the defendant to answer it in writing within ten days as provided for ordinary trial. If the defendant fails to appear in the given period it will be declared in default under Article 496.
Where possible act without a lawyer or solicitor, thus indicated in the decree of admission and communicated to the defendant that are available in court some standard forms that can be used for answering the application.
2. In no case be allowed counterclaim in verbal judgments that, by law, must end by sentence without effect of res judicata.
In all other oral proceedings counterclaim shall be allowed provided they do not determine the invalidity of verbal judgment and there is a connection between the claims and the counterclaims that are the subject of the original proceedings. Admitted the counterclaim shall be governed by the rules laid down in the ordinary trial, unless the deadline for its reply which is ten days.
3. The defendant may oppose in response to a compensable credit demand, continue to apply the provisions of Article 408. If the amount of the credit is greater than that determined that the oral proceedings continue, the court has not made such argument at the hearing and the defendant warning him, to use his right court and the corresponding procedures.
4. The defendant, in its defense, must rule necessarily the relevance of the oral hearing. Similarly, the applicant must rule on it, within three days from the transfer of the defense. If none of the parties requested and the court did not consider from its conclusion, judgment shall be passed without further formalities.
In any case, it is sufficient that one of the parties requests that the court clerk to indicate the day and time for the meeting within five days. However, at any time thereafter prior to the oral hearing, either party may depart from its application on the grounds that the discrepancy affects issue or merely legal issues. In this case it will transfer to the other party within three days, after which, unless it has been no claims or expressed opposition, be the conclusive cars passing sentence if the court so considered. "
Fifty-one. heading and paragraph 1 of Article 440, which reads as follows modified:
"Article 440. Subpoena to behold.
1. Answered the demand and, if applicable, the counterclaim or compensable credit, or after the deadlines, the court clerk, when you held view according to what was stated in Article 438, shall summon the parties to this end within the next five days. The hearing will take place within a maximum period of one month.
The summons will be set the day and time in which to be held the view, and inform the parties of the possibility of using negotiations to try to resolve the conflict, including recourse to mediation, in which if they indicate at the hearing its decision and the reasons for it.
Shall be stated in the summons that the hearing shall not be suspended for non-attendance of the defendant and litigants who have to concur with the evidence they intend to rely upon, to prevent if not asistieren and should propose be warned and admitiere his statement may be considered interrogation admitted the facts as provided in Article 304. it also will prevent the plaintiff and defendant to the provisions of Article 442, for the case fails to appear in sight.
The summons the parties also indicate that, within five days after receipt of the summons must indicate the persons who, do not manage to present themselves, to be cited by the clerk to the view to testify as a party, witness or expert. To this end, they shall provide all data and precise circumstances to carry out the subpoena. In the same five-day period the parties may request written by legal persons or public entities answers, the procedures set out in Article 381. "
Fifty-two. Article 441, which reads as follows modified:
"Article 441. Special cases in the initial processing of verbal trial.
1. Filed the lawsuit in the case of number 3 ° of paragraph 1 of Article 250, the clerk will call the witnesses proposed by the complainant and, according to their statements, the court shall issue an order in which it denied or granted, without prejudice to better law, the requested possession, carrying out the actions repute conducive to that end. The car will be published by edict, to be inserted in a visible place in the court building, in the Official Gazette of the Province and one of the largest newspapers in it, at the expense of the plaintiff, urging interested parties to appear and claim by answering the application, within forty days, if considered to have better right than the plaintiff.
If no appearance, the applicant was confirmed in possession; but if claimants prior transfer of his writing to the applicant are filed, the clerk will schedule, with all appearing in view, sustanciándose forward the proceedings in the manner provided in the following articles.
2. If demand he intends to be resolved judicially, summarily, the suspension of a new work, the court, even before transfer for answering the application is given, will direct immediate suspension order the owner or person in charge of the work, that can provide security to continue it and carry out the necessary works to preserve what has already been built. The court may provide that justice is carried out, expert or group, before the hearing recognition.
The deposit may be paid as provided in the second paragraph of paragraph 2 of Article 64.
3. In cases where the number 7th paragraph 1 of Article 250, as soon as the demand is accepted, the court will adopt the requested measures, depending on the circumstances, be necessary to ensure compliance in any case the judgment is undertaken.
4. In the case of No. 10th paragraph 1 of Article 250, admitted the claim, the court shall order the display of goods to the holder, under penalty of incurring in disobedience to the judicial authority, and its immediate lien, which by deposit will ensure, as provided in this Act. When, under the provisions of paragraph 1 number 11th Article 250 actions based on breach of contract of lease, lease of property are exercised furniture or installment sale contract with reservation of ownership, admitted demand the court shall order the deposit of good whose surrender is claimed. No bond is required the applicant for the adoption of these precautionary measures, nor opposed the defendant be admitted to them. Requests for amendment or replacement measures for bail not be admitted.
In addition to the provisions of the preceding paragraph, the court clerk will summon the defendant for five days to appear in person in the proceedings, by proxy, in order to answer the demand for some of the reasons provided in paragraph 3 of Article 444. If the defendant term elapse without answering the demand, or if founded it in causes not covered by paragraph 3 of Article 444, shall be given, without further ado, judgment by the claims of the plaintiff.
When the defendant answer the complaint under the provisions of the preceding paragraph, the court clerk will summon the parties to the hearing and, if the defendant does not attend it without just cause or attend attend, but not kept opposition or founded in this cause does not fall within paragraph 3 of Article 444, it shall be issued, without further ado, judgment by the claims of the plaintiff. In such cases the defendant, in addition, shall be punished with fine up to a fifth of the value of the claim, with a minimum of one hundred eighty euros.
Against the judgment handed down in cases of absence of opposition referred the two preceding paragraphs no appeal shall lie. "
Fifty-three. Article 442, which reads as follows modified:
"Article 442. Absence of parties in sight.
1. If the applicant did not attend the hearing, and the defendant does not allege legitimate interest in continuing the process for judgment on the merits is issued, it will in the act by desisted to that demand, they will impose the costs and It shall be convicted to indemnify the defendant appeared, if he so requests and give credit to the damages suffered.
2. If the defendant fails to appear, it will proceed to trial. "
Fifty-four. Article 443, which reads as follows modified:
"Article 443. Conduct of the hearing.
1. Comparecidas the parties, the court will declare open the event and check if the dispute remains between them.
If manifestasen have reached an agreement or show themselves willing to conclude immediately, may withdraw from the process or request the court to homologue agreed. The judicially approved agreement shall take those attributed by law to the court settlement purposes and may be effected by the procedures provided for the enforcement of judgments and judicially approved agreements. Such an agreement may be challenged on the grounds and in the manner envisaged for the court settlement.
The parties by mutual agreement may also request the suspension of the process in accordance with the provisions of paragraph 4 of Article 19, to undergo mediation. In this case, the court first examine the concurrence of the requirements of legal capacity and power available to the parties or their duly accredited representatives to attend the event.
When he had suspended the process to go to mediation, completed the same without agreement, either party may request that the suspension be brought moose and date for the continuation of the hearing. In the case of has been reached in the mediation agreement between the parties, they must inform the court decreeing the file of the proceedings, subject to court approval prior request.
2. If the parties have not reached an agreement or not show themselves willing to conclude immediately, the court rules on the circumstances that may hinder the valid prosecution and completion of the process by judgment on the merits in accordance with Articles 416 et seq.
3. If they had not raised procedural issues referred to the preceding paragraphs or if made, would be resolved by the court continued the act, it shall call upon the parties to make clarifications and establish the facts on which there is contradiction. If there is no compliance on them all, the tests will be proposed and then practice the resulting admitted.
The proposed evidence of the parties may be supplemented in accordance with the provisions of paragraph 1 of Article 429. "
Fifty-five. Article 446, which reads as follows modified:
"Article 446. Resolutions on evidence and resources.
Court against decisions on admission or rejection of evidence only appeal may be reset, which managed and resolved in the act, and if desestimare, the party may make protest in order to enforce their rights, if any in the second instance. "
Fifty-six. paragraph 1 of Article 447 paragraph 1, which reads as follows is modified:
"1. Once the evidence, the court may grant the parties' speaking time to draw conclusions orally. Then it will terminate the hearing and the court shall render judgment within ten days. verbal judgments that the eviction of urban property are prompted excepted, that the judgment will be delivered in the next five days, announcing public in the act of seeing the parties to the courthouse to receive notification if they are not represented by proxy or not it should be made by electronic means, which will take place as close as possible the day within the next five to judgment. "
Fifty-seven. paragraphs 1 and 2 of Article 514, which reads as follows modified:
"1. Presented and admitted the application for revision, the clerk asked to be referred to the tribunal all actions of the lawsuit whose judgment is contested, and summon a few in him there Were litigated, or his successors, so that within twenty days to answer to demand, holding what suits your right.
2. Answered the demand for revision or deadline above without having done so, the clerk will summon the parties to a hearing which shall be conducted in accordance with the provisions of Articles 440 et seq. "
Fifty-eight. 1st paragraph of paragraph 1 of Article 525, which reads as follows modified:
"1st The judgments in proceedings on paternity, maternity, filiation, annulment of marriage, separation and divorce, marital status and capacity, opposition to administrative decisions regarding the protection of minors, as well as measures concerning the restitution or return of children in cases of international abduction and honorary rights, except pronouncements governing the obligations and property relations related to whatever main object of the process. "
Fifty-nine. Article 540, which reads as follows modified:
"Article 540. Performer and executed in cases of succession.
1. The execution may be released or continued to whom it accredits his successor appearing as a performer in the executive title and against which it is established that the successor who is in that title appears as executed.
2. To prove the succession, for the purposes of the preceding paragraph, the supporting documents attesting that it be submitted to the court. If the court considers sufficient for this purpose by attend the requirements for validity, shall, without further ado, to clear the execution in favor or against whom turns out to be successor because of the documents submitted.
In the event that had been dispatched and execution, the succession will be notified when executed performer, as appropriate, continuing execution in favor or against whom there proves to be successor.
3. If the sequence does not consist in supporting documents or court not enough look on it, send to the clerk give forwarded the petition to deduct the performer or executed whose succession has occurred, who recorded as executed performer in the title and who It intended to be his successor, giving hearing within 15 days. Statements of case or after the deadline without that have been made, the court will decide as appropriate on succession for the sole purpose of release or prosecution of execution. "
. 3rd paragraph of paragraph 3 of Article 551, which reads as follows modified:
"3.º The contents of the payment to be made to the debtor, in cases established by law this requirement, and if this is effected by officials Legal Aid Corps or the prosecutor of the performing party if they have been applied. "
Sixty-one. Article 552 reads as follows:
"1. If the court understood that not concur budgets and legally established requirements for clearance of execution shall issue an order denying enforcement office.
The court shall examine ex officio whether any of the clauses included in an enforcement of those in Article 557.1 can be described as abusive. When any provision estimate it can be qualified as such it shall be heard for fifteen days to the parties. He heard them, they remember it from within five working days subject to the provisions of Article 561.1.3.ª
2. The car denying enforcement office will be directly appealable, the appeal sustanciándose only with the creditor. Also the creditor may, at its option, try administrative appeal before the appeal.
3. Once firm self denying clearance execution, the creditor may only enforce their rights in the corresponding ordinary process, if not preclude it the judicata of the judgment or final decision thing that he had founded demand execution . "
Sixty-two. 3rd paragraph of paragraph 1 of Article 559, which reads as follows modified:
"3.º is null and void execution not contain the judgment or arbitration award pronouncements of condemnation, or for failing to meet the document, the award or the mediation agreement the legal requirements to be enforceable or infringement, when execution of the provisions of Article 520. "
Sixty-three. the last paragraph of Article 560, which reads as follows modified:
"When a hearing agreed, if she fails to appear at the court will have him executed by abandoned the opposition and adopt resolutions under Article 442. If the performer fails to appear, the court resolved without a hearing on opposition to execution. Appearing both parties, the hearing will take place as provided for verbal trial, then dictating the appropriate decision as provided in the following article. "
Sixty-four. paragraph 1 of Article 617, which reads as follows is modified:
"1. The third party is always better right directed against the enforcing creditor, and shall be conducted through the channels of verbal judgment. "
Sixty-five. paragraph 3 of Article 641, which reads as follows is modified:
'3. The realization will be entrusted to the person or entity designated in the application, provided they meet the legally established requirements. the conditions under which the performance is to be made in accordance with what the parties had agreed on the matter will be determined in the same resolution. Failing agreement, the goods may not be sold for less than 50 percent of the appraised price. When the characteristics of the goods or the possible decline in value so advise the clerk in charge of the execution, with the consent of the performer, you may designate as an entity specialized for the auction of the Bar Association where under the provisions of Article 626 movables to be carried out are deposited.
For this purpose, they shall be determined by regulation the requirements and how to organize the necessary services, ensuring adequate publicity of the auction, property auction and the result of it.
Notwithstanding the preceding paragraphs, when goods are to be performed property, determination of the person or entity that will be entrusted the realization and the conditions under which it is to be made, will be made following a hearing which will be called the parties and those recorded in the process that might be interested. The clerk resolved by decree as it deems appropriate, in view of the manifestations of those attending the hearing, but may not authorize the sale is made by lower price than 70 percent of the value that has been given to the property under the provisions of Article 666, unless establishes the agreement of the parties and all stakeholders have attended or not to appear with. "
Sixty-six. Article 648 reads as follows:
"Article 648. Electronic auction.
The electronic auction will be subject to the following rules:
The auction will take place on the dependent Portal State Agency Official State Gazette for holding electronic auctions whose management system will access all judicial offices. All exchanges of information to be made between judicial offices and Auction Portal will be made telematically. Each auction will be provided with a unique identification number.
The auction will open 2nd elapsed, at least twenty four hours after publication of the notice in the "Official Gazette", as has been referred to Auction Portal information necessary for the start of it.
3rd After opening the auction only electronic bids may be made subject to the provisions of this Law concerning types of auction, appropriations and other rules that are applicable. In any case the Auction Portal report during its celebration of the existence and amount of the bids.
4th To participate in the electronic auction, interested parties should be discharged as system users, accessing it through insurance mechanisms identification and electronic signature in accordance with the provisions of Law 59/2003 of December 19, electronic signature, so that there is full identification of bidders at all. The high will be made through the Auction Portal through insurance mechanisms and electronic signature identification and necessarily include all the data identifying the person concerned. A performers were identified in a way that allows them to appear as bidders in the auction arising from enforcement proceedings initiated by them without making provision.
5th The performer, the debtor or third owner, if any, may, under its responsibility and, in any case through the court office where the procedure is followed, send the Auction Portal all information at their disposal on the good tendered, from appraisal reports or other official documents, obtained directly by the courts or by a notary and the opinion of those to be considered of interest to potential bidders. You can also do the Judicial Secretary on their own initiative, if deemed appropriate.
6th Bids are sent electronically through secure communications systems Auction Portal, which will return a technical acknowledgment, including a time stamp, the exact time of receipt of the position and its level . The bidder shall also indicate whether or not the reservation agrees that the second paragraph 1 of Article 652 refers to and if you bid on its own behalf or on behalf of a third party. shall be admissible bids for superior, equal or less than the highest amount already done, understood in the last two cases that consent from the time the reserve appropriation and will be taken into account in the event that the tenderer who made the bid equal or higher not finally consign the rest of the purchase price. In the case there are positions in the same amount, the former will be preferred over time. The auction portal publish only the highest bid among those made so far. "
Sixty-seven. Article 649 reads as follows:
"Article 649. Development and completion of the auction.
1. The auction will support positions for a period of twenty calendar days since its opening. The auction will not close until one hour after the completion of the latter position, provided that this is greater than the best done so far, although this would involve the extension of the initial period of twenty days referred to in this article for a maximum 24 hours.
In the event that the judicial Secretary is aware of the insolvency of the debtor, suspend by decree the enforcement and proceed to annul the auction, although it has already been started. Such circumstances shall immediately inform the Auction Portal.
2. The suspension of the auction for a period longer than fifteen days shall entail the return of appropriations, backdate the situation immediately prior to the publication of the time. The resumption of the auction will be held by a new publication of the notice as if a new auction in question.
3. On the closing date of the auction and then the same, the Portal Auction information forwarded to the Court Clerk certified telematics position that would have been successful, with the name and email address of the bidder.
In the event that the highest bidder fails to complete the offered price, at the request of the judicial Secretary, Auction Portal will send certified on the amount of the next bid descending order information and the identity of the bidder who performed, provided that this would have opted for the reserve position in the second paragraph of paragraph 1 of Article 652. regards
4. After the auction and received the information, the clerk shall record it, stating the name of the highest bidder and posture it made. "
Sixty-eight. Paragraph 1 of Article 656 reads as follows:
"1. When the object of the auction falls within the scope of this Section, the responsible legal secretary of the execution issue an order to the registrar in charge of the Register in question is found to refer to the court certification in containing the following ends :
1st Ownership of ownership and other real rights taxed good or right.
2. Those rights of any nature that exist on the garnishee, especially complete list of registered burdens that encumber or, where appropriate, which is free of charge registrable well.
In any case, certification shall be issued in electronic form and provide information with structured content. "
Sixty-nine. The second paragraph of Article 660 paragraph 1 shall read as follows:
'For the purposes of the provisions of this Article, any registered holder of a real right, charge or levy payable on goods may make the register an address on national territory where you want to be notified in case of performance. This circumstance shall be recorded by sidenote registration of real right, charge or encumbrance of such shareholder. It also may be included an email address for notification purposes. Having indicated an email address will be understood that this procedure consents to receive notifications, notwithstanding that these can be made cumulatively and no alternative to the personal. In this case, the computation of time periods will be made from the day following the first of positive notifications had been made in accordance with the procedural rules or the Law 18/2011, of 5 July, regulating the use of technology information and communication in the Administration of Justice. The establishment or change of address or e-mail address may contact the Registry in any form and with the effects referred to in paragraph 2 of Article 683 of this Act. "
Seventy. Article 671 reads as follows:
"Article 671. Auction no bidder.
If the auction there be no bidder, the creditor may, within the following at the close of the auction twenty days, request the award of good. If not the case of the residence of the debtor, the creditor may request the award for 50 percent of the value that good would come to auction or for the amount owed for all items. If in the case of the residence of the debtor, the award shall be made for an amount equal to 70 percent of the value that good would come to auction or if the amount owed for all items is less than that percentage, by 60 percent. the payment allocation rule contained in Article 654.3 shall apply in any case.
When the creditor, within twenty days, does not make use of that power, the judicial Secretary, at the request of the executed, proceed to lift the embargo. "
Seventy-one. Article 715, which reads as follows modified:
"Article 715. Opposition by the debtor.
If, within the legal deadline, the debtor will be handed objected to the request of actor, whether in terms of items of damages, whether in terms of valuation in money, liquidation of damages will be tried by the procedures established for verbal judgments, but can the court which issued the general order of execution by providence, ex parte or ex officio, if necessary, appoint an expert to rule on the actual production of the damage and its money assessment after the filing of the challenge to the opposition. In that case, set a time limit for an opinion and deliver it in court and the hearing will not be held until after ten days from the day following the transfer of the opinion to the parties. "
Seventy-two. Article 775, which reads as follows modified:
"Article 775. Modification of the definitive measures.
1. The prosecution, having minor or disabled children and, in any case, the spouses may apply to the court agreed definitive measures, modification of the measures agreed by the spouses or those adopted in the absence of agreement, provided they have changed substantially the circumstances taken into account when approving or agreeing such arrangements.
2. These requests will be processed in accordance with Article 770. However, if the request is made by both spouses by mutual agreement or by one with the other's consent, and accompanying draft regulatory agreement, shall govern the procedure laid down in Article 777 .
3. The parties may request, demand or reply, the provisional correction of final measures granted in a previous lawsuit. This request shall be conducted under the provisions of Article 773. "
Seventy-three. paragraph 4 of Article 794, which reads as follows is modified:
"4. If controversy over the inclusion or exclusion of items in the inventory shall arise, the clerk shall record in the minutes the claims of each of the parties on the said property and its legal basis, and will summon stakeholders to a view, continuing processing as provided for verbal trial.
The sentence pronounced on the inclusion or exclusion of items in the inventory will leave intact the rights of third parties. "
Seventy-four. paragraph 4 of Article 800, which reads as follows is modified:
"4. If the accounts they be challenged in good time will be forwarded written challenge to cuentadante to answer as provided in Article 438. The parties, in their respective letters of objection and reply to it, may request a hearing , continuing the processing in accordance to the verbal judgment. "
Seventy-five. paragraph 2 of Article 809, which reads as follows is modified:
'2. If controversy over the inclusion or exclusion of any concept in the inventory or the amount of any of the items shall arise, the clerk shall record in the minutes the claims of each of the parties on the said property and its legal basis, and stakeholders will summon to a hearing, continuing the procedure as provided for verbal trial.
The judgment will decide on all the issues raised, approving the inventory of the marital community, and have what is coming on the administration and disposition of the commons. "
Seventy-six. the first subparagraph of paragraph 1 is amended and a new paragraph 4 to Article 815, which reads as follows is added:
"1. If the documents submitted with the petition were those provided for in paragraph 2 of Article 812 and thus constitute prima facie evidence of the right of the petitioner, confirmed by what is exposed in that, the clerk will require the debtor to, within twenty days, pay the petitioner, crediting court or appear before it and argue so grounded and motivated, in written opposition, the reasons why, in his view, should not, in whole or in part, the claimed amount. Otherwise you will notice the judge to rule as appropriate on the admissibility of the initial request. "
"4. If the claim of the debt will be based on a contract between a businessman or professional and a consumer or user, the clerk, before making the request, shall report to the judge so you can appreciate the possible unfairness of any clause that constitutes basis of the petition or had determined the amount due.
The judge will examine ex officio whether any provision which forms the basis of the petition or had determined the amount due can be described as abusive. When any provision estimate it can be qualified as such, it shall be heard for five days to the parties. After hearing them, matter shall be resolved by order within five days. For this procedure will not be mandatory representation by a lawyer or attorney.
Estimate the unfairness of any of the contractual clauses, the order handed down determine the consequences of such consideration agreeing either the inadmissibility of the claim, either to the proceedings without application of abusive considered.
If the court does not deem the existence of unfair terms, we say so and the clerk shall require the debtor under the terms provided in paragraph 1
The car will be handed down directly appealable in any case. "
Seventy-seven. paragraph 1 of Article 816, which reads as follows is modified:
"1. If the debtor does not comply with the order for payment or fails to appear, the court clerk to issue a decree ending the payment procedure and will transfer to the creditor to urge the release of execution, it being sufficient the mere application without elapses within twenty days provided for in Article 548 of this Act. "
Seventy-eight. paragraph 2 of Article 818, which reads as follows is modified:
'2. When the amount of the claim does not exceed the own of the oral proceedings, the court clerk to issue a decree ending the payment procedure and agreeing to follow the procedure as provided for this type of trial, thereby moving the opposition to the actor, who you can challenge it in writing within ten days. The parties, in their respective letters of opposition and challenge of it, may request a hearing, following the procedures set out in Articles 438 et seq.
When the amount of the claim exceeds that amount, if the petitioner does not interpose the corresponding demand within one month from the transfer of the opposition, the court clerk to issue a decree dismissing the actions and condemning the costs to the creditor . If he files the lawsuit, the decree ending the payment procedure will agree to transfer it to the defendant as provided for in Articles 404 and following, unless not admissible, in which case remember to account for the judge to rule as appropriate. "
Seventy-nine. Article 826, which reads as follows modified:
"Article 826. Substantiation of the opposition exchange.
Presented by the debtor written opposition, the clerk shall transmit it to the creditor to that contested in writing within ten days. The parties, in their respective letters of opposition and challenge of it, may request a hearing, following the procedures set out in Articles 438 and following for verbal judgment.
If no hearing is requested or if the court considers not from its conclusion, be resolved without further formalities opposition.
When a hearing is agreed if the debtor fails to appear, the court will have abandoned him by the opposition and take the rulings provided for in the preceding article. If the creditor fails to appear, the court shall decide without a hearing on the opposition. "
First additional provision. Use of electronic means.
1. As of January 1, 2016, all legal practitioners and bodies and judicial and prosecutorial offices, yet they did not, be required to use existing telematics systems in the Administration of Justice for submitting papers and documents and performing acts of procedural communication regarding the procedures initiated after that date, under the terms of articles 6.3 and 8 of Law 18/2011, of 5 July, regulating the use of technologies information and communication in the Administration of Justice.
To ensure the effectiveness of this provision, administrations with responsibility for the Administration of Justice shall provide, prior to that date, judicial and tax offices with recording functions, electronic media appropriate under the terms established Article 30 of Law 18/2011.
2. Applications and technological systems that competent authorities intended to serve the organs and judicial and prosecutorial offices will have the tools and necessary means to recognize, sort, treat, structure and identifying papers, documents, and in general, all communications by justice professionals and citizens in accordance with the technical specifications as the State technical Committee of the Administration of Electronic justice, after hearing the competent authorities in the field of administration of justice and the report of the General Council of the Judiciary , determine because of technological developments.
3. The College of Procurators will enable the necessary means and cooperate with the Administration of Justice to ensure receipt by electronic means of notifications and other acts of communication and the transfer of copies of pleadings and documents by all professionals anywhere in the country, regardless of the College of Procurators of secondment to which they belong.
For this purpose, the General Council or upper made available to appropriate judicial offices and Administrations with competence in justice administration protocols and interconnect systems that allow the necessary access to electronically record practicing professional associations provided for in Article 10 of Law 10/1974, of 13 February, on professional Associations, ensuring that it stating its professionals, such as membership number, business address, phone number, fax, address data email and other enabling identification of univocal form of referee.
In these cases, the courts sent the acts of communication through professional association based in the territory in which the body or notifying office is located.
Second additional provision. Transfers of copies of pleadings and documents between attorneys.
The obligation to make the transfer of copies of pleadings and documents involved when prosecutors will also be required, under the terms provided in Articles 276 and following of the Civil Procedure Act, in the criminal jurisdictional orders, contentious-administrative and labor .
First transitional provision. verbal judgments and other processes.
Processes verbal judgment and others who are affected and which were pending at the time of the entry into force of this Act shall continue substantiating, until a final resolution, under the previous procedural legislation.
Second transitional provision. monitory processes and enforcement of arbitral awards.
1. The amendments to Article 815 and 552, paragraph 1, last paragraph, shall apply for payment and enforcement proceedings initiated after the entry into force of this Act.
2. The payment order procedures now pending the entry into force of this Act shall be suspended by the clerk when the initial request is based on a contract between a businessman or professional and a consumer or user. In this case, you will immediately notice the judge who, if apreciase that any provision which forms the basis of the petition or had determined the amount due can be described as abusive, shall be heard for five days to the parties and shall act accordingly by order within five days. If the judge does not deem the existence of unfair terms, it will say so, proceeding the court clerk agreed to lift the suspension and order the continuation of the procedure.
3. If in the case of executions of arbitral awards that are based on a contract between a businessman or professional and a consumer or user, that were not archived definitely the procedure described in the preceding paragraph to appreciate will continue if any of its provisions could as abusive.
Third transitory provision. New functions attributed to prosecutors.
The procedural acts of communication and conducting relief efforts and collaboration of the processes that were pending the entry into force of this Act shall continue to be conducted by the safe legal office that the party expressly requests that are made by their attorney .
Fourth transitional provision. Presentation of papers and documents and carrying out acts of communication by electronic means.
1. Temporarily, until January 1, 2018, in relation to acts of communication to the public prosecutor, the deadline set out in Article 151.2 shall be ten calendar days.
2. Temporarily, until January 1, 2016, prosecutors and other justice professionals who can not present and receive written and documents and communication events as described in the first additional provision may continue to do so in the court building or the common reception service organized by the College of Procurators. The College of Solicitors based in the territory in which the body or office is located notifying assumes the obligation to forward communications, notifications and, where appropriate, accompanying documentation to the prosecutor who is referee outside that territory. In the case of administrative proceedings or court proceedings, the court clerk may decide, in view of their characteristics or attend just cause, to be consulted at the headquarters of the court or directly removed from it by the parties.
3. Moreover, until January 1, 2017, interested parties other than legal practitioners and are not represented by counsel shall not be eligible or be obliged to file or receive papers and documents or acts of communication by electronic means in the terms of Article 273. Provisionally and until that date will continue doing such acts by other means regulated by law.
4. Until that date, in which operate the file empowerments apud acta, accreditation of power of attorney shall be effected by power of attorney or seizure apud minutes.
Fifth transitional provision. Statute of limitations applicable to existing relationships.
The statute of limitations for personal actions that do not have designated special term of prescription, born before the date of entry into force of this Act shall be governed by the provisions of Article 1939 of the Civil Code.
Sixth transitional provision. Legal aid applications pending.
The legal aid applications submitted before the entry into force of this Act continue to be dealt and resolved under the previous rules.
Single derogatory provision. Repeal legislation.
Are repealed any provisions contrary to the provisions of this Act.
First final provision. Amending the Civil Code on limitation.
Article 1964 of the Civil Code, which reads as follows amendments:
1. The mortgage action prescribes after twenty years.
2. Personal actions that have no special term shall be five years since that can be enforced obligation. In the continuing obligations of doing or not doing, that period every time you fail to comply. "
Second final provision. Amendment of Law 49/1960 of 21 July on the horizontal property.
Paragraph 2 of Article 13 of Law 49/1960, of July 21, on the horizontal property, which reads as follows amendments:
'2. The Chairman shall be appointed from among the owners by election or, alternatively, a rota system or draw. The appointment will be mandatory, although the designated owner may request his relief the court within one month of their access to office, invoking the reasons him does it. The judge, through the procedure laid down in Article 17.7.ª, rule outright as appropriate, in the same resolution designating the owner would have to replace, if necessary, the president in office until a new appointment is appropriate in the period determined in the judgment.
They will go to the judge when, for whatever reason, it was impossible for the Board to appoint president of the community. "
Final disposition third. Amendment of Law 1/1996, of January 10, legal aid.
Law 1/1996 of January 10, legal aid, is amended as follows:
One. Article 1, which reads as follows modified:
"Article 1. Purpose of the Act.
This Law is to determine the content and scope of the right to free legal assistance referred to in Article 119 of the Constitution and regulate the procedure for recognition and effectiveness.
The provisions of this Act shall be of general application in all types of litigation, including constitutional motions, the prior administrative procedure when it is established in the specific legislation and advice prior to the process referred to in paragraph 1 of Article 6. "
Two. letter g) is amended and letter i) of Article 2, which are worded as follows is added:
"G) Irrespective of the existence of resources to litigate, the right to legal aid, to be paid immediately, victims of gender violence, terrorism and trafficking in those recognized processes with bonding, arising or resulting from their status as victims, as well as minors and people with intellectual disabilities or mental illness when they are victims of abuse or neglect situations.
This right also attend to survivors in case of death of the victim, provided they would not be participating in the events.
For the purposes of granting legal aid, victim status is acquired when a report or complaint is made, or to start criminal proceedings for any offense that this letter refers to, and maintained while in force on criminal procedure or when, upon completion, any conviction was handed down. The benefit of free warrants will be lost firmness after acquittal, or the final or provisional dismissal not be accredited criminal acts, without the obligation to pay the cost of benefits enjoyed free so far.
In the various processes that can be initiated as a result of the condition of victim of the crimes that this letter concerns and, especially, those of gender violence, should be the same lawyer who attend it, always that this is duly guaranteed their right to defense. "
«I) Regardless of the existence of resources to litigate, the right to free legal aid to associations whose aim is the promotion and defense of the rights of victims of terrorism, mentioned in Law 29 / recognized 2011 of 22 September, recognition and integral protection of victims of terrorism. "
Three. letter c) of paragraph 1 and paragraphs 2 and 3 of Article 3, which reads as follows modified:
"C) Three times this indicator integrated in the case of four or more members or have their condition recognized large family in accordance with current regulations family units."
'2. For determining the concept of family unity in its various forms will be governed by the provisions of the Law on Income Tax of Individuals, equated to spouses not legally separated cohabiting formed in accordance with the requirements were them enforceable.
3. Economic means will be individually assessed when the applicant attesting to the existence of conflicting family interests in the litigation for which assistance is requested. "
Four. paragraphs 1, 2 and 10 of Article 6, which reads as follows modified:
"1. Free advice and pre-orientation process to those seeking to claim the judicial protection of their rights and interests, as well as information on the possibility of using mediation or other extrajudicial means of conflict resolution, in cases not expressly prohibited by law, when they intended to avoid the procedural conflict or analyze the viability of the claim.
In the case of victims of gender violence, terrorism and human trafficking, as well as minors and people with intellectual disabilities or mental illness, under the terms established in the letter g) of Article 2 , legal aid will include free advice and guidance in immediately prior to the filing of a complaint moment.
2. Assistance of a lawyer arrested, detained or accused who had not designated for any police diligence that is not the result of criminal proceedings under way or in his first appearance before a court, or when it is carried out by means of rescue court and arrested, detained or accused has failed to appoint counsel in the place where it is provided. Also shall apply such legal aid to the person sought and detained following a European arrest warrant which has not appointed lawyer.
Not be necessary for the arrest, detention or accused previously credited lack resources, notwithstanding that if he is not recognized after the right to legal aid, the lawyer has to pay the fees earned by its intervention. "
"10. Customs duties referred to in paragraphs 8 and 9 will not be charged when the applicant attesting incomes below the public indicator of income for multiple purposes. "
Five. paragraph 3 of Article 7, which reads as follows modified:
'3. When competition for knowledge resources to which the preceding paragraph corresponds to a judicial body whose headquarters is in different location, the clerk, upon receipt of the writs, require the respective schools the appointment of attorney and, where appropriate, attorney practicing the headquarters office in court. "
Six. the first paragraph is amended and a second paragraph to Article 8, which reads as follows is added:
"Will not be recognized the right to legal aid or benefits other than those requested the actor once filed, or the defendant having made his answer, except that your application attesting to the Legal Aid Commission free circumstances and conditions necessary to obtain that ensued after the claim or defense, respectively. The recognition of the right to free legal assistance due to supervening circumstances will not be retroactive.
There shall be no application of law when the process had been completed by final unless resolution that refers to execution. "
Seven. Article 10, which reads as follows modified:
"Article 10. Composition of the Commissions of Free Legal Assistance.
1. The Central Committee of Free Legal Assistance shall be composed of the deans of the Bar Association and the College of Procurators of Madrid, or the lawyer or they designate a State Attorney and an official of the Ministry of Justice belonging to bodies or scales A1 subgroup. The Commission will be chaired twice a year by each of its members, except for the Justice Ministry official, who will act as secretary.
2. Commissions Legal Aid dependent on the Autonomous Communities shall consist of the Dean of the Bar Association and the College of Procurators, or attorney or the attorney that they designate, and two members designated by the public administrations of which depend . The competent body of the Autonomous Community determine which of its members the presidency and the secretariat play.
3. In the Commissions of Free Legal Aid dependent on the General State Administration, members corresponding to the public administration will be a State attorney and an officer, who will act as secretary, belonging to bodies or scales subgroup A1, bound in Territorial management Ministry of Justice relevant or, failing that, an official said bodies or scales serving in the delegation or Prefectures of the territory in question.
In the provinces where there is more than one Bar or Attorneys, the representative of these corporations in the Commission shall be appointed by common accord of the deans of those.
When the volume of issues or other extenuating circumstances warrant, may be established Provincial Delegations of the Free Legal Assistance Commission, with the composition and scope established by regulation and ensuring, in any case, the homogeneity of criteria for recognize the right to free legal assistance. "
Eight. paragraphs 2 and 5 are amended and a new paragraph 6 to Article 12, which reads as follows is added:
'2. The recognition of the right to free legal assistance, which may include all or some of the benefits provided for in Article 6 by applicants be invited to the Bar of the place where the court or tribunal has to know of is found main process for which it is requested, or before the court of his domicile. In the latter case, the court shall forward the request to the College territorially competent lawyers.
The application may be submitted by any means, including those provided for in the rules of electronic access of citizens to public services. "
"5. If you establish that the income and property assets of any applicant who must litigate under a single defense or representation exceed the thresholds referred to in paragraph 1 of Article 3 but not reach five times the public indicator of income for multiple purposes, the Commission Free Legal Assistance may determine which of the benefits provided for in Article 6 applicants shall be granted.
6. When the cost of benefits recognized were to be met by various litigants, the provision of free legal aid system shall be limited to the proportionate share of the parties which have recognized the right. "
Nine. Article 13, which reads as follows modified:
"Article 13. Application requirements.
The request expressly indicate benefits for the recognition of the right, which may be requested some or all of those provided for in Article 6 and shall state, accompanying documents legally determined for accreditation, the information needed to assess the economic and financial situation of the person concerned and the members of your household, their personal and family circumstances, the claim that want to assert and the other party or parties to the litigation, if any.
In the submission of the application the applicant of the power granted to the Commission on Legal Aid for searching the data referred to in Article 17, both the applicant and, if applicable, your spouse relates shall be informed or partner, must provide all affected consent to the request.
When the applicant of the right was not married or their marriage had been dissolved or were legally separated shall confirm, by affidavit, which has no partner. "
Ten. Article 16, which reads as follows modified:
"Article 16. Suspension of the course of the process.
1. The request for recognition of the right to free legal assistance shall not suspend the proceedings or administrative proceedings.
However, in order to prevent the running of time can cause the preclusion of a procedure or the helplessness of either party, the clerk or administrative body, of its own motion or request, may order the suspension until the decision on the recognition or denial of the right to litigate free or temporary appointment of a solicitor and barrister if his intervention was mandatory or required in the interests of justice to occur, provided that the application of the right has been lodged in the deadlines established in the procedural or administrative laws. This suspension will also affect the cure period referred to in paragraph 2 of Article 8 of Law 10/2012, of 20 November, amending certain rates are regulated in the field of Administration of Justice and the National Institute refers toxicology and Forensic Sciences.
2. When submitting the application for recognition of the right to legal aid is made before starting the process and action could be harmed by the lapse of the statute of limitations or expiration, they will be interrupted or suspended, respectively, to the appointment provisional attorney and, if mandatory, prosecutor on duty to exercise the action on behalf of the applicant; and if it were not possible to make such appointments, until a final administrative decision, recognizing or denying the right.
The calculation of the limitation period resumes from the notification to the applicant of the provisional appointment of lawyer by the Bar or, where appropriate, from the notification of recognition or denial of the right by the Legal Aid Commission and in any case, within two months from the filing of the application.
In the event that this request has been refused, it be clearly abusive and only is preordained to delay the deadlines, the court hearing the case may compute the period in strict terms provided by law, with all the consequences that it is derived. "
Once. Article 17, which reads as follows modified:
"Article 17. Checking data, resolution and reporting.
1. To verify the accuracy and reality of economic data and, in particular, information on income and on capital declared by the applicant of the right to free legal assistance, including, where applicable, your spouse or partner Indeed, the Commission shall carry out the checks and electronically seek all information it deems necessary. This information may be collected, in particular the corresponding Tax Administration, the Land Registry, Social Security, as well as records and Commercial Property or any other records that have information related to the evidence referred to in Article 3 must be submitted electronically. The Tax Administration and Social Security provide the information required under the provisions of the relevant legislation.
Commission will also hear the other party or parties to the action or intended to be against bringing proceedings, as they are known and deemed that can provide data to determine the actual economic situation of the applicant.
2. The Commission, after making the above checks, issue a decision within a maximum period of thirty days from the receipt of the dossier by the Commission, recognizing or denying the right to free legal assistance and determining which benefits are application to application. After that time the Commission has expressly resolved the request, will be ratified decisions that previously might have taken the Bar or Attorneys, without prejudice to the obligation to address that body in accordance with the provisions of Law 30 / 1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure.
The decision shall be notified in common within three days the applicant, the Bar Association and, where appropriate, the Bar Association, as well as stakeholders and communicated to the administrative body or court or tribunal is knowing the process or, if it had not been initiated, the Judge Dean of the town.
Communications and notifications under this Article shall be made preferably by electronic means and in any case, when those take place between public administrations, courts, legal practitioners, professional associations and the Commission.
If the Bar Association has not issued any resolution, the silence of the Commission will be positive. At his request, the administrative body, if any, or the judge or court hearing process or, if the request is made prior to the initiation thereof, the competent Dean judge shall declare the law and require the professional associations the provisional appointment of a barrister and solicitor, if any. This is without prejudice resulting from the possible challenges to such an estimate presumed. "
Twelve. the first paragraph of Article 18, which reads as follows modified:
"The recognition of the right to benefits shall be adapted requested. It will involve confirmation of the appointment of lawyer and solicitor, if any provisionally made by the professional associations. "
Thirteen. Article 19, which reads as follows modified:
"Article 19. Revocation of law.
1. The misstatement, misrepresentation or concealment of information by applicants for legal aid, which have been decisive for the recognition of the right, will result in any case, hearing the person concerned, its revocation by the Commission for Assistance Free legal, by reasoned resolution, which, for this purpose, will have powers of review of office.
The revocation referred to in the preceding paragraph shall entail the obligation to pay all fees or charges payable for the professionals involved from the right is granted and the amount equivalent to the cost of other benefits derived in respect of such concession, without prejudice to the responsibilities of another order, if any, apply.
2. If the court he knew of the claim brought by the recipient of legal aid apreciase abuse of rights, recklessness, bad faith or fraud in the exercise, the resolution to end the process declare its existence, abrogate the right to legal aid and condemned him to pay court costs and expenses accrued to your instance, under the terms of the previous section. Such revocation shall inform the Commission corresponding to that by the competent public administration reimbursement is obtained, if necessary by way of urgency, how many benefits Free Legal Assistance had been obtained as a result of recognition of their right free to litigate. "
Catorce. Article 20, which reads as follows modified:
"Article 20. Contesting the resolution.
1. Who are holders of a right or a legitimate interest may challenge the resolutions that definitively, recognize, revoke or deny the right to free legal assistance.
This challenge, for it will not be mandatory intervention of attorney must be in writing and giving reasons, within ten days from the notification of the decision or since has been known by any of the legitimated for interposing, with the secretary of the Commission on Legal Aid. This will forward the letter of objection, together with the corresponding file to the contested decision and certification thereof, the court or competent tribunal or Dean Judge for delivery, if the procedure has not been initiated.
2. Received the letter of objection and documents and certification referred to in the preceding paragraph, the court clerk will require the parties and the State Attorney or Lawyer of the Autonomous Community when it depends the Commission on Legal Aid, for within five days submit written arguments and evidence they deem appropriate.
The court may agree by providence, ex officio or upon request, holding a hearing if the dispute can not be resolved with documents and evidence submitted. The clerk indicate the day and time to take place within ten days.
3. Received the allegations or completed the hearing, where appropriate, the judge or court shall decide without further proceedings by order within five days, maintaining or revoking the contested decision imposing a fine of 30 to 300 euros whom any promoted reckless challenge or abuse right way.
Against the order made by the judge or the court no appeal. "
. Article 21, which reads as follows modified:
"Article 21. Request for appointment of a solicitor and barrister.
If, in accordance with the procedural or administrative law, the court which is conducting the proceedings or the administrative body to examine the case considers that, given the circumstances or the urgency of the case, was immediately necessary to ensure the rights of defense and representation of the parties, and some of them manifest lack of funds provided that this is required to obtain the right to legal aid, give a reasoned decision requiring the professional associations the provisional appointment of a solicitor and barrister, where descriptions they had not been made before.
The clerk or administrative body communicate that decision by the fastest means possible to bar associations and attorneys, then the application being processed as provided in the preceding articles. "
Sixteen. Article 24, which reads as follows modified:
"Article 24. Distribution shifts.
Professional associations establish objective and equitable systems of different shifts and means for designating distribution trade professionals. Such systems will be public for all collegiate and may be consulted by applicants for legal aid.
Bar associations, except those in which the small size of the activity is not necessary, will have a turn standing guard for the provision of legal assistance to the detainee and another for the provision of services pre- and legal aid for victims of gender violence, terrorism, human trafficking counseling and minors and people with intellectual disabilities or mental illness who are victims of abuse or neglect situations. "
Seventeen. Article 25, which reads as follows modified:
"Article 25. Training and specialization.
The Ministry of Justice, in coordination with the competent Autonomous Communities on the report of the General Councils of the Lawyers and Attorneys of the Courts of Spain, set the minimum general requirements of training and expertise needed to provide services legal aid, in order to ensure a level of quality and professional competence to guarantee the constitutional right to defense. These requirements will be mandatory for all professional associations. "
. paragraphs 1 and 2 of Article 36, which reads as follows modified:
"1. If the decision terminating the process would pronouncement on costs, for whom he obtained the recognition of the right to free or who had legally recognized legal assistance, should the other party pay the costs incurred in the defense and representation that.
2. When the decision terminating the process was ordered to pay costs who obtained recognition of the right to free or who had legally recognized legal aid, it shall be required to pay those incurred in its defense and those of the opposing party, if within three years after the completion of the process comes to better fortune, being interrupted while the requirement of Article 1.967 of the Civil Code. Is presumed to have come to better fortune when their income and economic resources for all items exceed twice the module provided for in Article 3, or if they had substantially altered the circumstances and conditions taken into account to recognize the right under this law. it will be up to the Commission's statement of whether the beneficiary has come to better fortune as provided in Article 19 may be challenged the decision issued in the manner provided in Article 20. '
. the first paragraph of Article 37, which reads as follows modified:
"The competent public authorities subsidize from its budget allocations, implementation and delivery of legal aid services by the Bar Associations and attorneys."
. the first paragraph of Article 38, which reads as follows modified:
"Reglamentariamente the system will be established through which it will be funded, under the budgetary allocations of the competent public authorities, the cost to generate the General Councils and professional associations of lawyers and attorneys the operation of services legal aid, of the units responsible for advice and guidance to the process leading up to the citizens and the provisional classification of the claims requested. "
Veintiuno. paragraph 1 of the first additional provision, which reads as follows modified:
"1. Chapter I, Articles 9, 10.1, 12 and 16-21 of Chapter II, Articles 27 to 29 and 31 to 36 of Chapter IV, Chapter VII, the third additional provisions, fourth and fifth, the repeal provision and bis first final provision are issued under the State the powers conferred by Article 149.1.3.ª, 5th and 6th of the Spanish Constitution, international relations, administration of justice and procedural law respectively. "| ||
Twenty-two. an additional provision two bis, which shall read as follows is inserted:
"Second additional provision bis. Composition of the Commissions of Free Legal Assistance in exceptional cases.
Exceptionally, where service needs require, the official who will act as secretary of the Commissions Legal Aid under the General Administration of the State, may be replaced by a public employee belonging to subgroup A1 with professional destination Management territorial corresponding Ministry of Justice or, failing that, in the Delegation or Prefectures of the territory in question. "
Twenty-three. final disposition first bis would read as follows is inserted:
"First Final Provision bis.
This Act legislation transposing into Spanish law the provisions of Directive 2003/8 / EC of 27 January 2003, designed to improve access to justice in cross-border disputes by contained the establishing minimum common rules relating to legal aid for such disputes. "
Fourth final provision. Amendment of Law 29/1998 of July 13, regulating the Administrative Jurisdiction.
A new paragraph 3 of Article 23 of Law 29/1998 of 13 July, governing Administrative Jurisdiction, which reads as follows is inserted:
'3. They may, however, appear themselves public officials in defense of their statutory rights, where they relate to personnel matters that do not involve separation of irremovable public employees. "
Final provision fifth. Amendment of Law 60/2003 of 23 December, on Arbitration.
Paragraph 1 of Article 11 of Law 60/2003 of 23 December, on Arbitration, which reads as follows amendments:
"1. The arbitration agreement requires the parties to comply with the provisions and prevents the courts from hearing disputes submitted to arbitration, provided that the party who invokes interested by demurrer.
The deadline for the proposal of the plea will be within the first ten days of the deadline for responding to demand. "
Sixth final provision. Modification of the Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence.
Paragraph 1 of Article 20 of the Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence, which reads as follows amendments:
"1. Victims of domestic violence are entitled to free legal advice in the period immediately prior to the filing of the complaint moment, and defense and representation free by solicitor and barrister in all administrative processes and procedures that have a direct or indirect cause in the violence suffered. In these cases, one must assume legal counsel defense of the victim, provided that this right of defense is duly guaranteed. This right also attend to survivors in case of death of the victim, provided they would not be participating in the events. In any case, legal, free and immediate specialized defense of all victims of domestic violence who request form is guaranteed. "
Seventh final provision. Amendment of Law 18/2011, of 5 July, regulating the use of information and communications technology in the Administration of Justice.
Law 18/2011, of 5 July, regulating the use of information and communications technology in the Administration of Justice, is amended as follows:
One. paragraph 1 of Article 26, which reads as follows is modified:
"1. The electronic case file is the set of data, documents, procedures and electronic performances and audiovisual recordings corresponding to court proceedings, whatever the type of information it contains and the format in which they were generated. "|| |
Two. a new Article 32a, which reads as follows is inserted:
"Article 32a. electronic files empowerments apud minutes.
1. Also it is available in court offices with registration functions, an electronic file of powers of attorney which must register the empowerments apud face granted certificate or electronically by whoever holds the status of interested in a judicial proceeding for the representative to act on behalf of the Administration of Justice.
This shall not preclude the existence of electronic files empowerments apud minutes in each judicial office to perform specific procedures in each.
2. Electronic files of powers of attorney apud record should be fully interoperable with each other, so that your computer ensures compatibility and interconnection, as well as data transmission applications, documents and communications to register in their respective files.
empowerments check apud acta allow the representation validly hold those who act before the Administration of Justice on behalf of a third party.
3. The seats are made in the electronic files of powers of attorney apud record shall contain at least the following information:
A) Full name or company name, number of national identity, tax ID or equivalent document of the principal.
B) Full name or company name, number of national identity, tax ID or equivalent document proxy.
C) date of registration.
D) Type of power under the powers granted.
4. The powers of attorney apud minutes to enroll in the electronic files of powers of attorney apud record should be linked to one of the following types:
A) A general power of attorney for the proxy to act on behalf of the principal in any legal proceedings.
B) A power of attorney for the proxy to act on behalf of the principal only in certain kinds of procedures.
C) A special power of attorney for the proxy to act on behalf of the principal in a particular procedure.
5. The registrable power in the party granted the proxy representation must be conferred by appearance apud minutes.
The seizure apud acta be granted by electronic appearance before the appropriate judicial electronic office systems using electronic signature under this Act, or by personal appearance before the clerk of any court office.
6. The powers of attorney registered in the file will have a maximum determined valid for five years from the date of registration. In any case, at any time before the end of that period the principal may revoke or extend the power. The extensions granted by the principal to the seizure will have a maximum determined valid for five years from the date of registration.
7. Requests for revocation, extension or termination of same may apply to any file, must be registered this fact in the file before the effects have power and have effect from the date on which such registration occurs. "|| |
Three. paragraph 1 of Article 33, which reads as follows is modified:
"1. Citizens may at any time choose how to communicate with the Administration of Justice, whether or not by electronic means.
Also may be established by law or regulation the obligation to communicate with them using only electronic means in the case of legal persons or groups of individuals who because of their economic or technical capacity, profession or other accredited reasons are guaranteed access and availability of the necessary technological means. "
Four. A new paragraph 3 of Article 40, which reads as follows is inserted:
'3. The seizure may also be accredited by certifying their registration in the electronic filing of powers of attorney apud record of judicial offices. "
Five. paragraph 1 of Article 43, which reads as follows is modified:
"1. Breach of the duty of use of technologies, in terms of this Act, by a legal practitioner in his first communication with a judicial body may be remedied. For this purpose, the court granted a maximum of five days with a warning that all its actions to that body, in that or any other process, as well as to any other organ of the judicial district shall be performed using electronic means and in accordance with this Act. "
Eighth final provision. 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, which reads as follows amendments:
"Article 48. Right to legal aid.
1. Victims of terrorism to Article 4.1 and 2 refers, they are entitled to free legal assistance in all judicial and administrative procedures that have a direct or indirect cause in the situation caused by the above condition, regardless of their economic resources under the terms established in the Law 1/1996 of January 10, legal aid. In these cases, the same legal address undertake the defense of the victim. This right also assist individuals that Article 4 in case of death of the victim.
2. In any case, legal aid immediately to all victims of terrorism who request be granted. The right to legal aid is lost if subsequently they are not recognized victim status or firm acquittal or firm file is issued without the obligation to pay the cost of benefits enjoyed free until then. "
Ninth final provision. Amendment of Law 10/2012, of 20 November, amending certain rates are regulated in the field of Administration of Justice and the National Institute of Toxicology and Forensic Sciences.
The second subparagraph of paragraph 2 of Article 8 of Law 10/2012, of 20 November, amending certain rates are regulated in the field of Administration of Justice and the National Institute of Toxicology and Forensic Sciences is amended which reads as follows:
"If such evidence is not accompany by the same payment had not been made or for their contribution have been omitted, or when the settlement made was incorrect, the clerk will require the taxpayer to furnish it or correct settlement within ten days, not giving effect to the letter until it was remedied this omission. The absence of such correction of deficiency correction or liquidation, following the request of the court clerk that the provision refers to, will lead to the preclusion of the procedural act and the subsequent continuation or completion of the procedure, as appropriate. "|| |
Final Disposition tenth. competential title.
1. The only article of this Act and the fourth and seventh final provisions are issued under the provisions of Article 149.1.6.ª of the Constitution, which grants the State exclusive jurisdiction in matters of procedural law.
2. The first and second final provisions are issued under the provisions of Article 149.1.8.ª of the Constitution, which grants the State exclusive jurisdiction in civil law.
3. In connection with the final third provision, reforms of Articles 1, 2, 3, 6, 8, 10.1, 12, 16, 17, 19, 20, 21, 36 and the first final provision of Law 1/1996 bis of January 10, legal aid, are issued under the powers attributed to the State 149.1.5.ª and 6th article of the Spanish Constitution, on administration of justice and procedural law respectively. Reforms of Articles 10.2, 10.3, 13, 24, and the second final provision bis shall apply in the absence of specific regulations of the Autonomous Communities that have assumed the effective exercise of the responsibilities for provision of means for Administration Justice.
4. The first additional provision and final provisions fifth, sixth, eighth and ninth are issued under the exclusive competence of State for commercial, procedural and civil law and administration of justice, set out in Article 149.1.6.ª, 8 -SIXTH and 5th of the Constitution.
Eleventh final provision. Modifications and regulatory developments.
1. The Government will carry out the modifications and regulatory developments necessary for the implementation of this Act.
2. The Government, within one year from the publication of this Law in the "Official Gazette", shall send to Parliament for approval, the draft law regulating the professional qualifications required to social graduates to act on labor and social security procedures in accordance with Law 36/2011, of 10 October, regulating the social jurisdiction, and determine, among other things, the required degree, specialized training and evaluation to make .
To this end and in order to develop, within the same period of a year, a study on regulatory developments necessary to adapt the legal framework that will enable, if necessary, access to social graduates system free technical representation, will be established within three months a joint committee composed of an equal number of representatives of the General Council of the Bar and the General Council of Social Graduates, which form part of the experts, in equal numbers designate the Ministry of Justice.
Final provision twelfth. Entry into force.
1. This Law shall enter into force on the day following its publication in the "Official Gazette" day.
2. However, estimates of the obligation of all legal practitioners and bodies and judicial and prosecutorial offices, which still do not, to use existing telematics systems in the Administration of Justice for submitting papers and documents and performing acts of procedural communication in terms of procedural law and the law 18/2011, of 5 July, regulating the use of information and communications technology, will take effect on January 1, 2016, with respect procedures beginning on or after this date.
Moreover, the provisions relating to electronic filing of powers of attorney apud minutes and use by interested non-professionals justice of existing telematics systems in the Administration of Justice for submitting papers and documents and conducting acts of procedural communication in the manner set out above, shall enter into force on 1 January 2017.
3. The amendments to Articles 648, 649, 656, 660 and 671 of Law 1/2000 of 7 January, Civil Procedure, shall enter into force on 15 October 2015.
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, October 5, 2015.
The Prime Minister,
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