FELIPE VI King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law.
PREAMBLE the Council of Ministers agreed on October 26, 2012 to the creation of a Commission for the reform of public administrations, which should produce a report with proposals for measures which service to the administration of size, efficiency and flexibility demanded by citizens and the country's economy.
Dated 21 June 2013, the Council received the report of the Vice President and Minister of the Presidency, and the Minister of finance and public administration and by Royal Decree 479/2013, 21 June, was created the Office for the implementation of the reform of the Administration, as the body responsible for the coordinated implementation follow-up and impulse of the measures included therein, and may propose new measures.
Since the publication of the report of the Commission for the reform of public administrations, and even before, will have been dictating various rules and agreements, for the formal implementation of the proposals contained therein.
The present text includes new policy measures which are necessary for the implementation of some of the proposals in the report and, more specifically, for the implementation of the proposals relating to the implementation of a system of electronic auctions through a single portal of auctions, judicial and administrative on the Agency State official Gazette and electronic processing from the hospitals of births and deaths.
I in relation to the proposal on electronic auctions, in our legal system is expected to, on several occasions, recourse to the public auction as a means of realization of goods. This form of sale, based on the public premises, has two clear objectives: on the one hand, the transparency of the procedure and, on the other, obtaining the highest performance possible from the sale of the goods. These procedures - notaries, judicial or administrative - until the entry into force of the regulatory normative derivative of the law 1/2013 of 14 may, of measures to strengthen protection to mortgage borrowers, restructuring debt and social rental, were fundamentally characterized by its configuration face-to-face, by differences in their development, restrictions on advertising and the high rigidity of its procedure.
The Government, in the Council of Ministers of 21 June 2013, approved the report of the Commission for the reform of public administrations in which was analyzed, as one of the measures to be adopted, the creation in the Agency State official Gazette of an electronic auction Portal for its celebration, in order to achieve a greater administrative simplification avoiding , at the same time, the overlapping of procedures through the re-use of available media. The existence of a single portal offers major advantages, including familiarizes the user with an environment and will be enough to give high as such in one place in order to participate in all types of auctions. In addition, a single portal implies the existence of a single database, which will allow, on the one hand, keep a single search engine which will cover virtually all public auctions - ease for the citizen - and on the other hand, will save significantly the costs of accommodation, maintenance and development of the database. Exploitation of that database can then provide all kinds of information and statistics.
The advantages of the electronic auction against the person are very important because the latter lacks, today, serious drawbacks as the lack of publicity, since auctions are poorly advertised and limited dissemination greatly hinders the concurrence, which generates, in turn, a low turnout. Also highlights the limitation of access of the face-to-face auction, which complicates the participation to those who apply in person or represented, if necessary, to force them to be in a place, date and time certain. He has been also highlighted the rigidity of the face-to-face auction procedure because it lacks a formalist rigor overcome today.
II the electronic auction today has countless advantages, because it allows to multiply advertising procedures, provide almost unlimited information both the auction and good and, most importantly, bid almost at any time and from any place, resulting in a more efficient system for all concerned.
Legal certainty should be a constant in the electronic procedure. The electronic auction has no less legal guarantees than the face-to-face. From the outset an unequivocal identification of all those who are involved, using qualified electronic signature certificate or by signing with previously agreed key systems occurs. System ensures electronic certificate with each transaction, in which a stamp will determine the exact moment in which it took place; certificate recognised electronic signature, together with the time-stamp and the traceability of all processes, ensures absolute transparency of the procedure. Without prejudice to the existence of a head of auction - in this case, the clerk of the Court - which give is the necessary information so that you can monitor that the procedure has been correctly. In this way, transparency is a defining new model element, as shown by the Charter of citizen's rights to justice and this with the goal of obtaining a justice more open, capable of responding to the citizens with greater agility, quality and efficiency.
In addition, the agency responsible for the management of the auction Portal is the Agency State official Gazette, which will also bring the new procedure confidence and assurance.
III La Ley 1/2013, May 14, modifies article 129 of the mortgage law among other things, to introduce electronic form only derived from the forced sale of Attorney auction extrajudicial governing such an article. Notwithstanding that this law has made it necessary to introduce certain adjustments in that article, which is responsible for the third final provision, does not seem logical that the electronic form is reserved for notarial auctions and do not apply to judicial auctions resulting from execution proceedings.
The reform affects all of the auction procedures, both for movable property, adapting it to the electronic system. This system is designed based on the criteria of publicity, security, and availability. Special interest is given to advertising, because it begins with your ad in the «Official Gazette», which is in the essence of its function the official publication in Spain; It also publicize in the Portal of the administration of Justice and later in the auction Portal. For each of them, will be the publicity of the goods and of the complementary data, such as drawings, photographs, licensing or other elements which, in the opinion of the debtor, the creditor or the court clerk, may contribute to the sale of the good. Also highlights the promotion of communications and electronic notifications between the auction Portal and various actors in the process, while establishing the necessary guarantees for the case that the citizen lacks the necessary technical means to intervene in an electronic auction, in accordance with law 11/2007, of 22 June, electronic access of citizens to public services , and the law 18/2011, 5 July, regulating the use of information and communication technologies in the administration of Justice. In the same effort of transparency and publicity can be framed novelty introduced in notifications and communications that must be the Registrar of property registration holders of rights subsequent to the load that runs, replacing the publication of those which had been unsuccessful on the Bulletin Board of the registry, limited effectiveness, by publication in the «Official Gazette» , within the performance of the public service registry.
As head of the Directorate of the judicial office, the clerk assumed a pivotal role in the holding of judicial auctions with the aim of increasing its transparency. It corresponds to the beginning of the auction, ordering their publication with remission of the necessary data, as well as its suspension or resumption, maintaining a control continued during its development until its end, through an electronic privileged relationship with the auction Portal. And after the auction, the auction Portal forward certified information to the clerk of the Court which will indicate an orderly bids, headed by which it would have been victorious.
The law regulates the electronic auction of movable, immovable property and real estate in cases in which they had been mortgaged, with the specialties of foreclosure with a precise objective: increased attendance and, therefore, of the possibilities of sale and that this is made by best price.
On the other hand, to ensure that high turnout of tenderers, it expressly authorizes the use of signature systems previously arranged cued, for access to and use of the Portal of auctions, always watching required safety standards and upon the correct identification of persons wishing to be given high in the auction Portal.
IV the second part of the Bill aims to the modification of law 20/2011, 21 July, the Civil Registry. This legal amendment is to that, from the entry into force of the Act, the registration of the newly born is performed directly from health centres, as a «one stop shop» where parents, assisted by physicians who had attended the birth, will sign the official declaration form which the accrediting optional part of the birth will be incorporated that it will send electronically from the health center to the Civil Registry, covered with the qualified certificate of signature of the optional. It is not necessary, therefore, go personally to the Civil Registry Office for the registration of the born. This entails the amendment of the Civil Code, as well as of the Act 14/2006, 26 May, on assisted human reproduction techniques.
They are planned, in addition, the necessary rules for cases in which the birth has occurred outside a health facility or when for other reasons has not referred the official form in the term and conditions provided.
In this way establishing electronic medical certification for the purposes of registration in the Civil Register of births and deaths that occurred, in normal circumstances, in health centres.
In terms of deaths, the medical certification shall express the existence or not of signs of violent death, or any reason whereby burial license, not be issued in such a way that when made to the registry officer recorded by him or by any other means such evidence, you can refrain from issuing the license of burial or incineration to receive authorization from the competent judicial organ.
Regarding security in the born identity, social alarm caused by the drama of the "stolen children", has served for what the law affects the security of identification of the newborn infants and determination, without doubt, of the relationship between the mother and the son, through the implementation , where appropriate, the necessary medical, biometric, and analytical tests; and on the other hand, controls for the case of death of newborns in health centres after the first six months of gestation, requiring until the death certificate signed by two practitioners, who must say, multiply under their responsibility, that of birth and, where appropriate, tests conducted with the genetic material of the mother and the son not filial maternal relationship doubts arise. These data, as is regulated in law 41/2002, of 14 November, basic regulatory autonomy of the patient and the rights and obligations in terms of information and clinical documentation, will be part of the history of the newly born, where will be retained until his death, and produced this, move to the corresponding Administration final files where will they be retained with appropriate security measures.
Also in the field of the protection of children, sets no mandatory mother who renounces his son at the time of delivery to promote birth registration, passing that obligation to the corresponding public entity, without that, in such a case, the maternal home will be recorded for statistical purposes, avoiding the consequent effect of automatic enrolment of the child in the home of the mother who has renounced his son.
V La Ley, with content and objectives indicated, is divided into two articles. The first is rushing the reform of those articles of the code of Civil Procedure Act Executive auctions and in the second, the reform of articles corresponding to the Act of the Civil registration. The Act concludes with four additional provisions, three transitional, one derogatory and ten final provisions.
The first article. Modification of law 1/2000, of 7 January, code of Civil procedure.
Law 1/2000, of 7 January, code of Civil procedure, is hereby amended as follows: one. Paragraphs 1 and 3 of article 551 are written in the following way: «1. presented the Executive demand, the Court, whenever there are budgets and procedural requirements, the Executive title not finf no formal irregularity and acts of execution which are requested to conform with the nature and content of the title, will dictate car containing the general order of execution and dispatching it.»
Before the court clerk will conduct timely consultation to the bankruptcy public record for the purposes specified in paragraph 4 of article 5 bis of the Bankruptcy Act.»
«3 dictated the car by the judge or magistrate, the court clerk responsible for implementing, on the same day or on the next business day to that which would have been taught auto shipping execution, will issue decree that it shall contain: 1 the executive measures that are coming, including if possible the seizure of assets.»
2. measures of location and ascertainment of the assets of the debtor that come, as envisaged in articles 589 and 590.
3rd the contents of the order for payment which to the debtor, in cases in which the law may provide for this requirement.
The court clerk will put in knowledge of the bankruptcy public record the existence of the car by which natural or legal person against which the execution is put shipped execution with express specification of the number of fiscal identification of the debtor. The bankruptcy public record shall notify the Court that is knowing the execution practice of any seat that carry out associated with the fiscal identification number notified to the purposes specified in the insolvency law. The clerk will knowledge of the bankruptcy public record the completion of the enforcement procedure when it occurs."
Two. Paragraph 3 of article 636 is drawn up in the following way: «3. without prejudice to the provisions of the preceding paragraphs, once seized property by the court clerk, is practiced the precise actions for the judicial auction them, that it will occur in due time if before is not requested and is ordered, pursuant to the provisions in this law» that the compulsory preparation is carried out in a different way.»
3. Article 644 is drawn up in the following way: «article 644. Announcement of the auction.
Once attached the fair price of the collateral seized, the court clerk, by Decree, agreed the call auction.
Auction will be held, in any case, in electronic form on the auction Portal, under the responsibility of the clerk of the Court.»
Four. Article 645 is drawn up in the following way: «article 645. Announcement and advertising of the auction.
1. firm once the resolution referred to in the preceding article, the call of the auction will be announced in the "official bulletin of the State", serving notice executed series not ad. The clerk of the Court to which the procedure of execution shall order the publication of the notice of the call of the auction referring the same, with the content referred to in the following article and form telematics, to the "official bulletin of the State". Equally, and only for informational purposes, the announcement of the auction will be published on the Portal of the administration of Justice.
In addition, at the request of the performer or of the debtor and if the clerk responsible for the execution judges it convenient, the auction will be advertising that is reasonable, using public and private media that are most appropriate to the nature and value of the goods which is intended to perform.
2. each Party shall be liable to the payment of the costs of measures that, for advertising for the auction, had requested, without prejudice to include in the appraisal of costs, expenditures by the publication in the "official bulletin of the State", had generated performer.»
5. Article 646 is drawn up in the following way: «article 646. Content announcement and advertising of the auction.
1. the announcement of the auction in the "Official Gazette" will only contain the date thereof, the Court Office to which the procedure of execution, their identification number and class, as well as the e-mail address that corresponds to the auction in the auction Portal.
2. in the auction Portal is incorporate, separately for each of them, the edict, which will include General and special conditions of the auction and the property to be auctioned, as well as how much data and circumstances are relevant to it, and necessarily the appraisal or valuation of the good or goods object of the auction that fits the same type. These data shall send to the Portal of auctions in such a way that they may be processed electronically by this to facilitate and sort the information.
In the edict and the auction Portal shall be recorded also that means that any tenderer accepts as quite the existing qualifications or assumes its non-existence, as well as the consequences that its bids does not exceed the percentages of the type of the auction set out in article 650.
3. the content of the advertising carried out by other means be accommodated to the nature of the medium that, in each case, be used, ensuring greater cost economy, and may be limited to the accurate data to identify goods or batches of goods, the appraised value of the same, its possessory situation as well as the e-mail address that corresponds to the auction within the Portal of auctions.»
6. Amending the number 3 of paragraph 1 and paragraph 3 of Article 647, which are written in the following way: «3rd being in possession of the corresponding accreditation, for what will be necessary to have allocated 5 per cent of the value of the goods. The appropriation will be held by electronic means through the Portal of auctions, which will use the telematic services which the State tax administration agency will put at your disposal, who in turn will receive income through its Collaborating entities."
«3. only the performer or the subsequent creditors can make position reserves the right to assign the auction to a third party. The assignment shall be verified by appearance before the court clerk responsible for the implementation, with the assistance of the successor in title, who must accept it, and all prior or simultaneously to the payment or deposit of the price of the sale, which must be written documents. Same Faculty will correspond to the performer if requested, in the cases provided for, the award of the good or goods auctioned.»
7. Article 648 is drawn up in the following way: «article 648. Auction electronics.
An electronic auction will be held subject to the following rules: 1st auction will take place on the Portal that is dependent on the Agency State official Gazette for the electronic conclusion of auction management system will have access all judicial offices. All exchanges of information to be made between the judicial offices and auction Portal will be way telematics. Each auction will be endowed with a unique identification number.
2nd auction opens after, at least twenty-four hours since the publication of the announcement in the "official bulletin of the State", when it has been forwarded to the auction Portal information for the start of it.
3rd once open auction only may be electronic bids subject to the provisions of this law in terms of types of auction, appropriations and other rules that may be applicable to you. In any case the auction Portal informed during their celebration of the existence and amount of the bids.
4th to participate in the electronic auction, interested parties must be discharged as users of the system, accessing it through secure electronic as laid down in the law 59/2003, of 19 December, identification and signature electronic signature, in such a way that in any case there is a full identification of the tenderer. The high will be done through the Portal of auctions by electronic identification and signature insurance mechanisms and will necessarily include all of the identification data of the person concerned. Identify performers in such a way that allows them to appear as bidders in auctions under the procedure of execution by them started without any appropriation.
5th performer, the debtor or the third owner, if any, may, under its responsibility and in any case, through the judicial office before the procedure, send to auction Portal the information that have about the good object of tender, from appraisal reports or other official documents, obtained directly by the judicial authorities or by notary and which in the judgement of those can be considered of interest for prospective tenderers. You can also do it the clerk of the Court on its own initiative, if it seems necessary.
6th bids will be sent electronically through secure communications systems to the Portal of auctions, which will return a technical acknowledgment, with inclusion of a time-stamp, the exact moment of the reception of the position and the amount of. At that moment it will electronically publish bid. The bidder must also indicate if you consent or not the reserve referred to in the second subparagraph of paragraph 1 of article 652 and if bid on their own behalf or on behalf of a third party. They will be admissible positions amounting to higher, exceeding the highest already performed, meaning in the two last cases consenting from that moment the reserve of appropriations and will be taken into account for the assumption that the winning bidder has made the same bid or higher not finally consigns the rest of the purchase price. In the event that there are positions for the same amount, be preferred the earlier in time.»
8. Article 649 is drawn up in the following way: «article 649. Development and completion of the auction.
1. the auction will support positions during a period of twenty calendar days since its opening. The auction will not close until after an hour since the last position, although it involves the extension of the initial term of twenty days referred to in this article for a maximum of 24 hours.
In the event that the clerk has knowledge of the Declaration of insolvency of the debtor, it shall suspend execution by Decree and will proceed to annul the auction, although this had already started. Such circumstances will be immediately communicated to the auction Portal.
2. the suspension of the auction for a period exceeding fifteen days shall entail the return of allocations, returning the situation to the time immediately preceding the publication of the notice. The resumption of the auction will be made by a new publication of the notice as if it were a new auction.
3. on the date of the close of the auction and then the same auction Portal shall forward to the court clerk information certified posture telematics that would have been victorious, as well as decreasing of amount and chronological in case if this identical, all others who had opted for the reserve position to that referred to in the second paragraph of paragraph 1 of article 652 with the name and address of the tenderer.
4 after the auction and received the information, the Court Clerk shall recorded it, expressing the name of those who had participated and the positions formulated.»
9. Amending paragraphs 1 and 5, a new paragraph shall be added which happens to be number 5 and is renumeran paragraphs 5 and 6, which become 6 and 7, of article 650, being drafted in the following way: "1. where the best posture is equal or superior to 50 per cent of the appraised value, the clerk of the Court through Decree» on the same day or in the following to the closure of the auction, it will approve the auction on behalf of the highest bidder. The bidders will have to enter the amount of this stance, less of the deposit, within ten days from the notification of the decree and carried out this consignment, be placed in possession of the goods.'
'5. If by the amount of the bid the debtor or the performer may exercise the powers granted them to paragraphs 3 and 4 of this article, the court clerk, after the required deadline, will be mandatory notification to the tenderer that bidder would have been or, where appropriate, will tell you that the debtor or the performer have exercised their respective faculties.
6. at any time prior to the approval of the sale or award to the performer may the executed release assets entirely paying what is due to the performer for principal, interest and costs. In this case, the clerk agreed by Decree the suspension auction or rescind it, and immediately communicated in both cases to the auction Portal.
7 approved the auction and consigned, as appropriate, on the account of deposits and consignments, the difference between the deposited and the total price of the auction, will dictate Decree of adjudication in which is expressed, in his case, which has been included price, with knowledge of such an Act, also to the auction Portal."
10. Article 652 is drawn up in the following way: «article 652. Fate of the deposits to bid.
1 completed auction, they will be released, or return the amounts appropriated by the bidders except what corresponds to the highest bidder, which reserves on deposit as a guarantee of the fulfillment of its obligation and, where appropriate, as part of the sale price.
However, if requested by the other bidders, also will remain the reserve of the amounts appropriated by them, so that, if the bidders not deliver in time the rest of the price, the auction in favor of those who follow you, be adopted by the order of their respective positions and, if they were equal, in the chronological order in which had been carried out.
2. the refunds proceeding pursuant to the provisions of the preceding paragraph will be made to who made the deposit regardless of whether acted as a bidder or on behalf of another.»
Eleven. Paragraph 3 of article 653 is suppressed.
12. The article 656 is drawn up in the following way: «article 656. Certification of domain and loads.
1. when the subject of the auction is within the scope of this section, the clerk of the Court responsible for the execution will deliver commandment to the Registrar in whose charge is the registry concerned so that forward to court certification with continuous information stating the following: 1 the ownership of the domain and other rights real of the property or right taxed.
2nd the rights of any nature that exist on the recordable property attached, especially relationship full of registered charges that payable in respect of it or, where appropriate, which is free of charge.
In any case, certification shall be issued in electronic format and available information with structured content.
2. the Registrar shall state marginal note by the issuance of the certification referred to in the preceding paragraph, expressing the date and procedure to which it relates.
The Registrar shall, immediately and form telematics, the clerk and the Portal of auctions the fact have been submitted one or more other titles that affect or change initial information for the purposes of article 667.
The auction Portal will collect the information provided by the registry of immediate mode for transfer to them to consult its contents.
3. without prejudice to the foregoing, the Attorney of the performer, duly empowered by the clerk of the Court and scored after the embargo, may request the certification referred to in paragraph 1 of this rule, whose expedition will be equally subject to marginal note. In any case, certification shall be issued in electronic format and with structured content.'
13. Paragraph 3 of Article 657 is drawn up in the following way: «3. after ten days from the request to the debtor and creditors without having answered none of them, means that the charge, for the sole purpose of running, is updated at the time of the request in the terms set in the preferred title.»
Fourteen. Paragraph 1 of article 660 is drawn up in the following way: «1. communications to refer the articles 657 and 659 are practiced at home that were on the registry, mail with acknowledgement of receipt or by other reliable means.»
For purposes of the provisions of this article, any registered holder of a right in rem, charge or encumbrance falling upon a good may be included in the register a residence in national territory you wish to be notified if the execution. This circumstance shall be recorded by a note to the margin of the registration of the real right, charge or assessment that. It may also be noted an email address for the purpose of notifications. Having been designated an email address means that this procedure is consenting to receive notifications, notwithstanding that these be made cumulatively and not an alternative to the personal. In this case, the computation of time limits will be made from the following day of the first of notices positive it would have been in accordance with the procedural rules or law 18/2011, of 5 July, regulating the use of the technologies of information and communication in the administration of Justice. The establishment or change of address or email address can communicate to registration in any of the forms and with the effects referred to in paragraph 2 of article 683 of this law.
The certification referred to in article 656, whether submitted directly by the Registrar or provided by the Attorney of the performer, should express the realization of such communications.
In the case that domicile non constare registry or the communication was returned for any reason, the Registrar will practice new communication by edict, to be inserted in the "official bulletin of the State".»
15. Article 661 is drawn up in the following way: «article 661. Communication of execution to tenants and occupants of fact. Advertising possessory situation.
1. when, on the Declaration of assets of the debtor, by indication of the performer or otherwise, will be recorded in the procedure the existence and identity of persons, other than the debtor, holding the property lien, will be notified of the existence of execution, so that, within ten days, submit to the Court the documents justifying your situation. This notification can be practiced by the Attorney of the performer who requests it or when the circumstances attending the clerk agreed.
An advertisement for the auction which takes place in the auction Portal, as well as in the public or private media in your case, will be expressed, with the possible detail, the possessory situation of the property or, conversely, is vacated, if he is transpired dutifully this circumstance to the clerk of the Court responsible for the execution.
2. the player may request that, before the announcement of the auction, the Court finds that the occupant or occupants have no right to stay in the property, once it has been alienated in the execution. The request will be dealt with as provided in paragraph 3 of article 675 and the Court will accede to it and will, through self-non-actionable, the statement claimed, when the occupant or occupants may be considered mere fact without sufficient title or. In another case, declared invalid, also without further recourse, that the occupant or occupants have the right to stay in the property, leaving safe actions that could correspond to the future purchaser to evict those.
The statements referred to in the preceding paragraph shall be entered in the auction advertising.»
Sixteen. Article 667 is drawn up in the following way: «article 667. Announcement of the auction.
1. the call of the auction will be announced and will be object of advertising according to the provisions of article 645.
2. the auction Portal will contact, through the systems of the Association of registrars, the record corresponding to this make and issue an electronic registry information referred to the farm or auctioned properties which will be constantly updated until the end of the auction, and will be served through the Portal of auctions. In the same way, if the estate were identified on graphic bases, the same information will be available. In the case that such information not could be issued by any cause forty-eight hours from the publication of the notice, will it be expressed as well and will begin the auction, without prejudice to their later incorporation to the Portal of auctions before the end of the auction."
Seventeen. Article 668 is drawn up in the following way: «article 668. Content of the listing and auction advertising.
1. the content of the announcement of the auction and your advertising will be held pursuant to the provisions of article 646.
2. in the auction Portal the edict that will express, in addition to the data referred to in article 646, will be incorporated, separately for each of them, the identification of the farm or farms subject to the auction, your registration data and the cadastral reference if they had it, as well as how much data and circumstances relevant to the auction and necessarily, the appraisal or valuation used type to the same, the reduction of charges preferred, if any, and their situation possessory, whether it consists in the execution procedure. Also indicate, if applicable, the possibility of visiting the immovable object of auction provided for in paragraph 3 of article 669. These data shall send to the Portal of auctions in such a way that they may be processed electronically by this to facilitate and sort the information.
In the edict and the auction Portal shall be recorded also that means that any tenderer accepts as quite the enforcement procedure existing degree or assumes its non-existence, as well as the consequences that its bids does not exceed the percentages of the type of the auction set out in article 670. Also be designated to the loads, liens and seats prior to credit the actor continue to exist and that, by the mere fact of participating in the auction, the bidder admits and agrees to be subrogated to the liability of those if the auction is adjudicare in their favor.
3. the registration certification, where appropriate, can consult via the auction Portal. Of entire estate object of tender shall be provided from the relevant registration through the Portal of auctions, the certificate which has been issued to begin the procedure, as well as the updated registration information referred to in article 667, the cadastral reference if it were incorporated into the farm and graphics, urban or environmental information associated with the estate in the terms legally provided If possible.
Eighteen. Paragraph 1 is modified and added new paragraphs 3 and 4 to the 669 article to be written in the following way:
«1. to take part in the auction the bidders shall, previously recorded in the way established in paragraph 1 of Article 647, an amount equal to 5 percent of the value is given to the property pursuant to the provisions of article 666 of this law.» «» 3. during the period of tender anyone interested in the auction you can ask the Court inspect the property or properties executed, who inform him who is in possession, requesting their consent. When the holder consents to the inspection of the property and contribute adequately to the requirements of the Tribunal to facilitate the better development of the auction of the property, the debtor may ask the Court a debt reduction of up to 2 per cent of the value that good would have been awarded if it were the owner or this would have acted to your instance. The Court, addressed the circumstances, and after hearing the performer for a period not exceeding five days, will decide the debt reduction that is appropriate within the maximum deductible.
4. the resumption of auction suspended for a period exceeding fifteen days will be made by a new publication of the notice and a new request for registration information, where appropriate, as if it were a new auction.»
Nineteen. Paragraphs 1 and 7 of article 670 are written in the following way: «1. If the best position was equal or superior to 70 per cent of the value at which the good has come to auction, the court clerk responsible for the execution, by Decree, the same day or the day following the closure of the auction, will approve the auction on behalf of the highest bidder. " The period of forty days, the bidders shall enter the difference between the deposited and the total price of the auction in the account of deposit and consignment Office.»
«7. at any time prior to the approval of the sale or award to the performer, may the executed release their property entirely paying what is due to the performer for principal, interest and costs. «In this case, the court clerk will agree by Decree the suspension auction or rescind it, and immediately communicated in both cases to the auction site.»
20. Article 673 is drawn up in the following way: «Article 673. Registration of the acquisition: title.
Will be title enough for registration in the land registry the testimony, issued by the judicial decree of adjudication, sympathetic Secretary of the resolution's approval of the sale, the award to the creditor or transmission by agreement of preparation or person or specialized entity, and which is expressed, in his case, which has been included the price as well as other necessary conditions for registration under the mortgage law.
The testimony will express, in his case, that the bidders have obtained credit for the payment of the price of the auction and, where appropriate, the prior deposit, indicating the amounts financed and the entity which granted the loan, the effects provided for in article 134 of the mortgage law.»
Twenty-one. Article 674 is drawn up in the following way: «article 674. Cancellation of charges.
At the request of the purchaser, will issue, in your case, writ of cancellation of the entry or registration of the lien that has resulted in the auction or the award.
In addition, the court clerk will send the cancellation of all registrations and subsequent entries, even those that it had verified after issued certification prevented in article 656, stating is in the same order that the value of the sold or awarded was equal to or less than the total amount of credit the actor and, in the case of having it passed it retained the remaining available to stakeholders.
Also other circumstances which the mortgage legislation required for the registration of the cancellation shall be expressed in the commandment.
On request, the testimony of the Decree of adjudication and the commandment of cancellation of charges will be sent electronically to the register or registers of the corresponding property.»
Twenty-two. Paragraph 2 of Article 682 is drawn up in the following way: «2. when mortgaged property be pursued, the provisions of this chapter shall apply always, in addition to the provisions of the preceding paragraph, the following requirements are met: 1 that the articles of incorporation of the mortgage is determined by the price at which stakeholders priced estate or mortgaged» to serve as such in the auction, which may not be less, in any case, to 75 per cent of the designated value in pricing which, in his case, has done under provisions in law 2/1981 of 25 March, regulation of the mortgage market.
2. that, in the same script, record a domicile, to be fixed by the debtor, to practice requirements and notifications. You may also fix, in addition, an email address for the purpose of receiving the relevant electronic notifications, in which case shall apply the provisions of the second subparagraph of paragraph 1 of article 660.
In the mortgage on commercial establishments shall be necessarily address the local establishment that is mortgage is installed.»
Twenty-three. Article 683 is drawn up in the following way: «article 683. Change of address for requests and notifications.
1. the debtor and the mortgager no debtor may change the address you have nominated to practice and notification requirements, subject to the following rules: 1 when the mortgaged assets are, not shall require the consent of the creditor, provided the change occurs within the same population that has been designated in writing, or any other that is embedded in the term to file the farms and used to determine the jurisdiction of the Court.
Change that address to point different from those expressed will require the conformity of the creditor.
2nd in the case of mortgage interest, home not can be changed without the consent of the creditor.
3rd in the case of mortgages, simply inform the creditor the address change.
In any case, it will be necessary to accredit the irrefutable notification to the creditor.
2. changes of address referred to in the preceding paragraph shall be entered in the registry by note apart from the registration of mortgage, or by instance with signature authenticated or confirmed with the Registrar, by instance presented telematically to the registry, guaranteed with qualified electronic signature certificate, or by affidavit.
3. for the purposes of requests and notifications, the home of third-party purchasers of mortgaged property will be shown designated in the registration of its acquisition. In any case shall apply the provision contained in paragraph 1 of article 660.'
Twenty-four. Add a new paragraph 5 to article 685, which happens to be written in the following way: "5. for the purposes specified in paragraph 1 of Article 579 will be necessary, so that you can dispatch execution by the amount that is missing and against those who appropriate, that has been notified the initial Executive demand.» This notification can be practiced by the Attorney of the performer who requests it or when the circumstances attending the clerk agreed.
The amount claimed in this will be which will form the basis for execution against the guarantors or sureties unless it can be increased by reason of the interest accrued during the initial Executive procedure.»
Twenty-five. Paragraphs 2 and 3 of article 686 are written in the following way: «2. without prejudice to the notification to the entry of the execution debtor, not be practiced the requirement referred to in the preceding paragraph when certifying have been extrajudicially made the requirement or requirements, pursuant to paragraph 2 of article 581.»
For these purposes, the request to the debtor and if notifications to the third owner mortgager no debtor and holders, where appropriate, of registered rights after the Royal right of mortgage exercised, will have to be done at home that were recorded by each of them on registration. The requirement or notification will be by the notary in the form resulting from the notarial legislation, in the person of the recipient, if it finds it at the designated address. Not being at home, the notary will effect diligence with elder age that there are flavored and revealed to have with the required personal or employment relationship. Notary shall state expressly the manifestation of that person on their consent to take charge of the card and its obligation to make it reach its recipient.
However, valid requirement or notification made outside the home that were on the land registry provided that it is done in the person of the recipient and, after his identification by the notary, with your consent, which is expressed in the certificate request or notification.
Where the recipient is a legal person the notary means diligence with one person of age who finds at the address designated in the registration and that is part of the Board of Directors, which prove to be representative with sufficient powers or which in the opinion of the notary Act notoriously as a caregiver by the legal person receive summonses or reliable service in their interest.
3 tried without effect the requirement in the home resulting from the registry, not can be done the same with persons who referred to in the preceding paragraph, and made relevant inquiries to determine the domicile of the debtor, by the judicial office shall order the publication of edicts in the manner provided in article 164.»
Twenty-six. Paragraph 1 of article 688 is drawn up in the following way: «1. when the execution is still on mortgaged property, be reclaimed from the Registrar certification stating the ends referred to in paragraph 1 of article 656, as well as literal inclusion of registration of mortgage that is to be run, expressing that the mortgage in favor of the performer is subsisting and without erasing or» in your case, cancellation or modifications that aparecieren in the registry. In any case, shall apply the provisions of paragraph 3 of article 656.'
Twenty-seven. Article 691 is drawn up in the following way: «article 691. Announcement of the auction of mortgaged property. Announcement and advertising of the call.
1 fulfilled the provisions in the preceding articles and twenty days have elapsed since the order for payment and notices before expressed took place, will be at the request of the performer, the debtor or the third owner, to the auction of the property or mortgaged.
2. the auction will be announced and publicized in the form determined by articles 667 and 668.
3. when the procedure for debt secured by mortgage on mercantile establishment the edict that is published on the Portal of auctions will indicate that the acquirer will be subject to the provisions of the law on tenancies, accepting, in his case, the right of the landlord to raise the rent by assignment of the contract.
4. the auction of mortgaged property, whether movable or immovable, shall be made under the provisions of this Act for the real estate auction.
5. when the Declaration of insolvency of the debtor record you to the clerk, it suspended the auction although it had begun. In this case the auction will resume when it certifying, through the testimony of the decision of the judge of the competition, that goods or rights are not necessary for the continuity of the business or professional activity of the debtor, being application the provisions of paragraph 2 of article 649. In any case the Land Registrar notify the judicial office which will follow the Executive procedure registration or annotation of contest on the mortgaged property, as well as the record registration not be affection or not necessary good to professional or business activity of the debtor.
6. in the process of execution referred to in this chapter may be used also by conducting Convention and the realization by person or specialized entity regulated in sections 3 and 4 of chapter IV of this title.»
Twenty-eight. Article 693 is drawn up in the following way: «article 693. The claim is limited to part of the capital or interests whose payment should be made in different terms. Early maturity of debts in installments.
1 the provisions of this chapter shall apply to the case that no longer pay a portion of the capital of the credit or interests, whose payment be done within deadlines, if they vencieren at least three monthly installments without fulfilling the debtor his payment obligation or a number of assessments that assume that the debtor has failed to fulfil its obligation for a period at least equivalent to three months. Thus shall be recorded by the notary in the articles of incorporation and by the Registrar in the appropriate seat. If for the payment of any of the terms of the capital or of the interests it may be necessary to dispose of the mortgaged, and still they remain to overcome other terms of the obligation, the sale shall be verified and the estate will be transferred to the buyer with the mortgage for the part of credit that has not been satisfied.
2 you can claim the entire amount owed for capital and interest if it had been agreed the total due if failure to pay, at least three monthly installments without fulfilling his payment obligation the debtor or a number of shares such that assume that the debtor has failed to fulfil its obligation for a period at least equivalent to three months , and this agreement is in the articles of incorporation and the respective seat.
3. in the case referred to in the preceding paragraph, the creditor may request that, notwithstanding that the execution is put by the entire debt, shall be communicated to the debtor that, until the auction closes, you can release the good through the scheduling of that exact amount by principal and interest is expired on the date of filing of the demand increased, where appropriate, with the maturity of the loan and interest that are occurring throughout the procedure and resulting bad debt in whole or in part. For these purposes, the creditor may request to proceed as provided for in paragraph 2 of the article 578.
If the mortgaged the residence, the debtor may, even without the consent of the creditor, release the good through the appropriation of the amounts expressed in the previous paragraph.
Released a good for the first time, you can escape in second or subsequent occasions provided that, at least, medien three years between the date of the release and the order for judicial or extrajudicial payment made by the creditor.
If the debtor made the payment provided for in the preceding paragraphs, the coasts, which shall be calculated on the amount of paid arrears, with the limit laid down in article 575.1 bis is tasarán and, once fulfilled these, the court clerk will issue Decree releasing good and declaring the procedure completed. The same shall be given when the payment made it a third party with the consent of the performer."
Second article. Modification of law 20/2011, July 21, from the Civil Registry.
Law 20/2011, of July 21, the Civil Registry, is hereby amended as follows: one. Article 44 is drawn up in the following way: «article 44. Registration of birth and parentage.
1 are registered the births of persons, as provided for in article 30 of the Civil Code.
2. the inscription makes faith the fact, date, time and place of birth, identity, sex and, where applicable, filiation of the registrant.
3. the registration of a birth shall be under declaration made in official document signed by the declarants, accompanied by the optional part. So, the doctor, the nurse practitioner nurse midwife or nurse who attend the birth, inside or outside the medical establishment, verify, by any means accepted in law, the identity of the mother of the newborn for the purposes of inclusion in the optional part. The parents will make his statement by filling in the corresponding official form, which will contain appropriate warnings about the value of such a declaration in accordance with the rules on legal determination of filiation.
In the absence of the optional part, you must provide supporting documentation on terms to be determined by regulation.
Charge of the Civil Register, once received and examined the documentation, will immediately practice the registration of birth. Such registration will determine the opening of a new individual record, which will be assigned a personal code in the terms provided for in article 6 of this law.
4. the filiation shall be determined, for the purposes of the registration of the birth, in accordance with provisions in the Act 14/2006, 26 May, on assisted human reproduction techniques and civil laws.
Except in the cases referred to in article 48, in the registration of birth in Spain shall be necessarily recorded maternal filiation, although access to the same will be restricted in the cases that prompted the mother for reasons thus founded and provided that it renounce to exercise the rights deriving from such affiliation. In the event of a discrepancy between the statement and the optional part or regulatory verification, will prevail the latter.
Paternal affiliation at the time of the registration of the child, shall be recorded: to) when record duly accredited marriage with the mother and is in accordance with the presumptions of paternity of the husband laid down in legislation or civil, even missing those, where if the consent of both spouses, although there were legal or de facto separation.
(b) when the father manifest their conformity to the determination of such affiliation, provided that it is not contrary to the assumptions laid down in the civil legislation and there is no controversy. Must be met, in addition, the conditions laid down in the civil law for their validity and effectiveness.
In the cases where it is found that mother has marriage with someone other than that contained in the statement or application the presumption provided for in article 116 of the civil code shall be the registration of birth immediately only with maternal filiation and will proceed to the opening of a registration dossier for the determination of the paternal filiation.
5. also it will consist as double affiliation when the mother is married, and not separated legally or in fact, with another woman and this last state you agree that sonship on the child born of your spouse is determined in his favor.
6. in cases of adoptive filiation shall be recorded, under applicable law, the judicial or administrative decision constituting the adoption, being subject to restricted advertising regime provided for in this Act.
7. the recognition of non marital filiation subsequent to the registration of the child may be made according to the forms established in the Civil Code at any time. If it is effected by declaration of the father in charge of the Civil Register, will require the express consent of the mother and the legal representative of the child if it was a minor of age or this if it were greater. If you had the ability to legally modified shall in particular, according to the ruling, the consent of his legal representative, the consent of his curator or the consent of the child. To make possible the registration should go, in addition, the requirements for the validity or effectiveness of the recognition by the civil law.
By filiation record approved by the head of the Civil Registry, provided that there is opposition from the public prosecutor's Office or by an interested party notified personal and necessarily, may register if there is any of the following circumstances: 1 when there is written indubitado of the father or mother who expressly recognize the affiliation.
2nd where the child is in the continuous possession of status of the child the father or the mother, justified by direct acts of the same father or his family.
3rd on the mother, always that proven dutifully the fact of birth and identity of the son.
Formulated opposition, registration of sonship can only be achieved is by the procedure regulated in the law on Civil procedure.
8. in cases of dispute and that the law determines, to document the paternal filiation will require prior judicial decision handed down in accordance with the provisions laid down in the procedural legislation.
9. once practiced the inscription, Manager will issue electronic literal certificate of registration of birth and put it at the disposal of the declarant or declarants.»
Two. Article 45 is drawn up in the following way: «article 45. Obliged to promote the registration of birth.
They are obliged to promote birth registration: 1. the direction of hospitals, clinics and health facilities.
2. the medical or health staff have attended the birth, when this has taken place outside health facility.
3. the parents. However, in the case of renounces the son at the time of the birth, the mother will not have this obligation, which will be taken by the corresponding public entity.
4. the relative next or, in their absence, any person of age present in the place of birth at the time occur.»
3. Article 46 is worded as follows: «article 46. Communication from birth by the health centres.
The direction of hospitals, clinics and health facilities will inform the Civil Registry Office corresponding to each of the births that have taken place in the health centre, except for those cases requiring you to appear before the charge of the Civil Register within seventy-two hours. Medical personnel attending the birth shall, under its responsibility, take the precautions necessary to ensure the identification of the newborn, and will the checks established in a certain way the relationship of maternal filiation, including, where appropriate, biometrics, medical and analytical tests that are necessary to do so under the regulatory legislation of records. In any case the two will be taken Plantar footprints of the newborn with fingerprints of the mother so that they appear in the same document. The inscription that birth is practiced in the Civil Register shall contain such tests and the health centre which initially kept the information related to them, without prejudice to the transfer of this information to final the Administration files corresponding to when appropriate.
Satisfying the requirements, the communication will be by electronic sending of the official declaration form duly completed by the Centre health and signed by the person or persons who have the obligation to report the birth, which shall include the identification and nationality of respondents, and its statements concerning the chosen name for the newborn, the order of their surnames and their paternal filiation. The supporting part of the birth signed by the physician who had attended the birth will be incorporated to this form. Such referral will be conducted by staff of the health centre, which will use electronic identification and signature insurance mechanisms to do so.
Simultaneously with the presentation of the aforementioned official forms, will be sent to the National Institute of statistics the data required for the purposes of the powers assigned by law to the Institute.
The signatories are obliged to prove their identity before medical personnel who has attended the birth, under the responsibility of the same media admitted to law.»
Four. Article 47 is drawn up in the following way: "article 47. Registration of birth by declaration of forced others.
1. with regard to births that have occurred outside health facility, or when for any reason has not referred the document within the period and conditions provided for in the previous article, the required to promote the registration will have ten days to declare the birth at the Civil Registry Office or consular Civil registry offices.
2. the Declaration shall be made by presenting the completed official document accompanied by the mandatory medical certificate electronically signed by the physician or, in absence thereof, of the document on the terms to be determined by regulation.
3. to sign the Declaration, when it has elapsed since birth due time, will be required judgment in registry file.»
5. Paragraphs 1 and 4 of article 49 are written in the following way: «1. birth registration data from the born identity consisting of the name that is imposed and the surnames that correspond to him according to their affiliation indicated.» Shall include also the place, date and time of birth and the sex of the newborn.»
«4 are indicated, in addition, whenever possible, the following circumstances of parents: name and surname, identity or identification number and passport from abroad, where appropriate, place and date of birth, marital status, place of residence and nationality, as well as any other information necessary for the fulfilment of the purpose of the registry referred to in article 2 which has been included in the officially approved models.» «If the mother had renounced his son at the time of delivery the domicile of the same shall be subject to the regime of restricted advertising, and shall not contain statistical purposes.»
6. Article 64 is drawn up in the following way: «article 64. Communication of the death by the health centres.
The direction of hospitals, clinics and health facilities shall communicate to the competent Civil Registry Office and the National Institute of statistics each of the deaths which have taken place in your health centre. The communication is sent by electronic means in the term established by law by sending the official form duly completed, accompanied by the health certificate signed by the physician. «Such remission will be carried out by personnel of the health centre, which will use this electronic identification and signature insurance mechanisms.»
7. Article 66 is drawn up in the following way: «article 66. Medical certificate of death.
In no case the registration of death may be made unless the medical certificate of death has been filed with the Registrar. In the certificate, in addition to the circumstances necessary for the practice of registration, those that are required for the purposes of the National Institute of statistics and, in any case, the existence or not of signs of violent death, and in his case, proceedings have been initiated or not of proceedings for any reason or death if they were known to him must be collected by the , in the physician's opinion, burial license should not be issued.
The circumstances referred to in the second subparagraph of paragraph not will be incorporated into the registration of death or will be subject to the advertising regime established in this law, its sole purpose being established in this article.'
8. A number 3 is added to article 67 of the following wording: «3. when death has occurred subsequent to the first six months of gestation, before birth, and provided that the newborn had died before receiving a medical discharge, after delivery, the medical certificate must be signed, at least by two physicians, who will assert, under their responsibility that» of birth and, where appropriate, tests conducted with the genetic material of the mother and child, reasonable doubts about the subsidiary maternal relationship; not emerge from is referred in the registration, or in the file concerning the fourth additional provision where appropriate, such tests and the health centre which initially kept the information related to them, without prejudice to the transfer of this information to final the Administration files corresponding to where appropriate.»
9. Added a ninth additional provision, which is worded in the following way: «ninth additional provision. Obtaining data from the National Institute of statistics.
To facilitate the processing of telematics to the Registrar, the National Institute of statistics will telematic access to data of address register which relates the registrable facts, as well as, if necessary for the correct identification of the cited facts, identification data appearing on the register inscriptions, nouns for the whole of the consent of the person concerned.
Also register data for the updating of the obrante information in the databases of vital records, will be used in identical conditions as in the previous paragraph.»
10. The tenth final provision is drafted in the following way: «tenth final disposition. Entry into force.
This law shall enter into force June 30, 2017, except the additional provisions seventh and eighth and the final provisions third and sixth, which shall enter into force the day following its publication in the "official bulletin of the State".
Without limiting the foregoing, they shall enter into force on 15 October 2015 the articles of this law modified by the second article of the Law 19/2015, of 13 July, measures of administrative reform in the field of the administration of Justice and the Civil Registry.
Pending the full entry into force of this Act, the Government shall take measures and regulatory changes affecting the Organization and operation of the Registrar'
First additional provision. Signature by using keys previously agreed within the scope of the Agency State official Gazette-dependent auction Portal.
Without prejudice to compliance with the safety standards, the Portal system of auctions electronic of the Agency State official Gazette permitted use by the users of the same, of key systems previously agreed in its relations with the Portal of auctions and for the preparation of bids. In any case, users should have been identified with previous character, personally or through qualified certificate of signature.
Second additional provision. Protection of personal data in the electronic auction.
1. the treatment of personal data carried out in the framework of electronic auction procedures referred to in article 1 of this law shall be fully subject to the provisions of the organic law 15/1999, of 13 December, of protection of data of a Personal nature, and its regulatory development rules.
Without prejudice to the responsibility of the judicial offices on the treatment of the personal data, corresponds to the Agency State official Gazette implantation in the auction Portal of technical and organizational measures referred to in article 9 of the organic law 15/1999, of 13 December.
2 search systems that implant the Agency State official Gazette will have the necessary mechanisms to prevent indexing and automatic recovery of electronic auction through search engines ads from the Internet.
Third additional provision. Update of the family book.
It is not necessary to update the content of the book of family when it is accompanied by the literal electronic supporting the birth certificate referred to in article 44.9 law 20/2011, 21 July, from the Civil Registry.
Fourth additional provision. Media.
The measures included in this standard may not assume increased allowance or remuneration of other staff costs.
First transitional provision. Pending processes.
Auctions of the proceedings initiated prior to the entry into force of this law, whose publication has been agreed will continue to progress in accordance with the procedural rules in force on the date of the filing of the demand.
Second transitional provision. Transitional arrangements pending the entry into force of law 20/2011, 21 July, from the Civil Registry.
Until the full entry into force of law 20/2011, 21 July, from the Civil Registry, the provisions of the second article of this law shall apply to civil registrars regulated in the Act of June 8, 1957, on the Civil Registry, corresponding entries in sections of births and deaths under that law to be practised.
Third transitional provision. The physician and the health facility staff recognised electronic signature.
Until physicians referred to in articles 46 and 64 of law 20/2011, 21 July, from the Civil Registry, do not have certificates of electronic signature recognised, able to sign manuscritamente the parties and medical certificates to refer these articles, but in any case the sending of such documents, along with others that are necessary in each case It must be done electronically.
In addition to electronic signature to be acknowledged of the health facility staff may also be used electronic certificates that identify the establishment.
Regulations may be other alternative technological procedures which also guarantee the authenticity, integrity, confidentiality and non-repudiation.
Sole repeal provision.
1 are repealed the additional provisions twentieth, twenty-first, twenty-third, vigesimocuarta and twenty-fifth of the law 18/2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency.
2. in addition, they are hereby repealed many standards are opposed to provisions in this law.
First final provision. Amendment of the commercial code for the transposition of the directive 2012/17/EU of the European Parliament and of the Council, of 13 June 2012, by which amending the Council Directive 89/666/EEC and 2005/56/EC and 2009/101/EC directives of the European Parliament and of the Council, with regard to the interconnection of the central registries commercial and corporate.
A new paragraph 5 is added to article 17 of the code of Commerce, with the following wording: "5. the commercial register will ensure the interconnection with the European central platform in the form to be determined by the rules of the European Union and the regulations that develop them.» The exchange of information through the system of interconnection will facilitate stakeholders obtaining information on the indications concerning the name and legal form of the society, its registered office, the Member State in which it is registered and its registration number.»
Second final provision. Amendment of the Civil Code.
Amending article 120 of the Civil Code, which is drawn up in the following way: «non marital filiation is legally determined: 1 at the time of the registration of the birth, the compliant statement made by the father in the corresponding official form concerning the Civil Register legislation.»
2. recognition before the head of the Civil Registry, Testament or other public document.
3rd by resolution issued in record processed pursuant to the legislation of the Civil Registry.
4th by judgement.
5 with respect to the mother, when it is the maternal filiation in the registration of birth practiced within time limit, in accordance with the provisions of the Civil Registration Act.»
Third final provision. Modification of the mortgage law, text approved by Decree on 8 February 1946.
New wording is given to letters to) and f) of paragraph 2 of article 129 of the mortgage law, text approved by Decree on 8 February 1946, which are worded in the following way: «to) the value that stakeholders tasen farm as such in the auction may not be other than that, if ", has been fixed for the direct judicial enforcement procedure, or may in no case be less than 75 per cent of the designated value in pricing which, in his case, has done under provisions in law 2/1981 of 25 March, regulation of the mortgage market."
«(f) when the notary to conclude that any of the terms of the mortgage constitutes the basis of extrajudicial sale or that had determined the amount payable could have unfair character, it will put you in the knowledge of the debtor, the creditor and in his case, the surety and mortgager no debtor, for the appropriate purposes.
In any case, the notary shall suspend extrajudicial sale when either party accredits have raised before the judge who is competent, pursuant to article 684 of the law of Civil procedure, the unfairness of such contractual clauses.
The question about this unfair character shall be dealt with by the procedures and with the expected effects for opposition regulated in paragraph 4 of article 695.1 of the Civil procedure law.
«Once substantiated the issue, and provided that it is not an abusive clause constitutes the basis for sale or which would have determined the amount payable, the notary may continue out-of-court sale at the request of the creditor.»
Fourth final provision. Modification of law 41/2002, of 14 November, basic regulator of the autonomy of the patient and of rights and obligations in terms of information and clinical documentation.
Amending law 41/2002, of 14 November, basic regulator of the autonomy of the patient and of rights and obligations in terms of information and clinical documentation, in the following terms: one. Amending paragraph 3 of article 15, that is with the following wording: «As regards birth, medical history will incorporate, in addition to the information referred to it in this section, the results of biometric, medical or analytical tests that are, where appropriate, necessary to determine the bond of filiation with the mother, in the terms established by law.»
Two. Amending paragraphs 1 and 2 of article 17, which are written in the following way: «1. health centres have the task of keeping clinical documentation in conditions which guarantee their proper maintenance and safety, though not necessarily in the original support, appropriate support services the patient while the appropriate to each case and, at a minimum, five years counted from the date of discharge from each care process.»
However, medical history data related to the birth of the patient, including the results of biometric, medical or analytical tests that are necessary to determine the bond of filiation with the mother, if not destroyed, moving once known the death of the patient, to the corresponding Administration final files, where are preserved with the appropriate security measures for the purposes of data protection legislation.
2. the clinical documentation also will be retained for legal purposes in accordance with the legislation in force. You will be retained, in addition, when there are epidemiological grounds, research or organization and operation of the national health system. Your treatment will be so that is avoided as far as possible the identification of the persons concerned.
«Without prejudice to the right referred to in the following article, medical history data related to biometrics, medical or analytical tests that are necessary to determine the blood relationship with the mother of the newborn, only may be disclosed to judicial request, within the corresponding criminal proceedings or in the event of a claim or judicial impugnation of the maternal filiation.»
Fifth final provision. Modification of the Act 14/2006, 26 May, on assisted human reproduction techniques.
Amending the Act 14/2006, 26 May, on techniques of human reproduction assisted, in the following terms: one. Amending paragraph 3 of article 7, which is drawn up in the following way: «3. when the woman is married, and not separated legally or in fact, with another woman, the latter may express pursuant to the Civil Registry law that consent is determined in his favour the sonship on the child born of their spouse.»
Two. Amending paragraph 2 of article 8, which is drawn up in the following way: «2. is considered writing indubitado for the purposes provided for in paragraph 8 of article 44 of law 20/2011, on 21 July, the Civil registration extended to the Centre or authorized service document that reflects the consent to the fertilization with contribution of donor provided by male not married prior to the use of the techniques.» «Is safe the judicial claim of paternity.»
3. Amending paragraph 3 of article 9, which is drawn up in the following way: «3. the male not United by marriage may make use of the possibilities afforded in the preceding paragraph;» such consent will serve as title to start the record of paragraph 8 of article 44 of law 20/2011, 21 July, from the Civil Registry, without prejudice to the prosecution's claim of paternity."
Sixth final provision. Regulation of electronic allocations in judicial auctions.
In the period of three months from the publication of this law, by Royal Decree, on a proposal from the Ministers of Justice and of finance and public administration, the procedure must be set to formalize the system of appropriations in electronic headquartes of the quantities needed to take part in judicial auctions.
Seventh final disposition. Procedures for obtaining Spanish citizenship by residence.
1. the procedure for the granting of Spanish citizenship by residence is governed by provisions of the Civil Code, as provided in this provision and the regulations that develop it. This regulation include specialties of the procedure for the staff in the service of the armed forces.
2. the proceedings shall be electronic and their instruction will correspond to the General direction of the registers and the notaries. All communications relating to this procedure shall be carried out electronically.
3. the fulfilment of the requirements of the Civil Code to obtain Spanish citizenship by residence must register through documents and other evidence provided for in the law and regulations.
The accreditation of the sufficient degree of integration in Spanish society will require overcoming two tests.
The first test will accredit a basic knowledge of the Spanish language, level A2 or higher, of the common European framework of reference for languages of the Council of Europe, by passing an examination to obtain a diploma of Spanish as foreign language DELE level A2 or higher. National applicants from countries or territories where the Spanish is the official language shall be exempted from this test.
In the second test the knowledge of the Spanish Constitution and the social and cultural reality plus Spanish.
Such evidence shall be designed and administered by the Instituto Cervantes on the conditions established by law.
They shall be exempt from the overcoming of the evidence referred to children under eighteen years of age and persons with ability to judicially modified.
4. the procedure referred to in this article shall be subject to the payment of a fee of 100 euros. Constitutes the taxable rate the application for the initiation of the procedure to obtain Spanish citizenship by residence and shall be subject to the interested party, without prejudice to that can act on representation and regardless of the outcome of the procedure. Rate management shall be the Ministry of Justice, that will regulate how has made the payment.
Disposal the eighth. Regulatory clearance.
1. by Royal Decree, on a proposal from the Minister of Justice, be approved the rules which regulate the electronic procedure for obtaining Spanish citizenship by residence.
2 enables the Minister of Justice to enact provisions that may be necessary for the implementation of the provisions of this law.
Ninth final disposition. Titles competence and basic legislation.
1 this Act is issued under cover of the following competence titles: to) the first article is run under the protection of competition in procedural legislation which corresponds to the State in accordance with article 149.1.6. ª of the Constitution, without prejudice to necessary specialties resulting in this order from the particularities of the substantive law of the autonomous communities.
(b) the second article and the third and fifth final provisions are issued on the basis of article 149.1.8. ª of the Constitution, which attributes to the State the exclusive competence in relation to the management of records and public instruments.
(c) the second final disposition is issued on the basis of article 149.1.8. ª of the Constitution, which attributes to the State competition to dictate the civil legislation without prejudice to conservation, modification and development by the autonomous communities of civil, provincial or special rights, where there exist.
(d) the seventh final disposition is issued on the basis of article 149.1.2. ª of the Constitution, which attributes to the State the exclusive competence in matters of nationality.
(e) the first final provision is issued on the basis of article 149.1.6. ª of the Constitution, which attributes to the State competition to dictate the commercial law.
2. the fourth final provision has the status of basic legislation in accordance with the provisions of article 149.1.1. 2nd and 16th of the Constitution.
Tenth final disposition. Entry into force.
This law shall enter into force on 15 October 2015, except paragraph ten of the second article and paragraph 1 of the repealing provision only, which shall enter into force the day following its publication in the "Official Gazette".
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, 13 July 2015.
The Prime Minister, MARIANO RAJOY BREY