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Law 19/2015, Of 13 July, Measures Of Administrative Reform In The Field Of The Administration Of Justice And The Civil Registry.

Original Language Title: Ley 19/2015, de 13 de julio, de medidas de reforma administrativa en el ámbito de la Administración de Justicia y del Registro Civil.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

The Council of Ministers agreed on 26 October 2012 on the creation of a Commission for the Reform of Public Administrations, which was to prepare a report with proposals for measures that will give the Administration the size, efficiency and flexibility demanded by citizens and the country's economy.

On 21 June 2013, the Council of Ministers received from the Vice-President and Minister of the Presidency, and from the Minister of Finance and Public Administration, the aforementioned report and, by Royal Decree 479/2013, of 21 June, The Office for the Implementation of the Reform of the Administration, as the body responsible for the coordinated execution, monitoring and impulse of the measures included in it, can propose new measures.

Since the publication of the Report of the Commission for the Reform of Public Administrations, and even before, various rules and agreements have been issued for the formal implementation of the proposals contained in the same.

This text sets out new regulatory 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 judicial and administrative auctions in the State Agency Official Gazette and electronic processing from the health centres of births and deaths.

I

In relation to the proposal relating to electronic auctions, in our order the use of the public auction as a means of carrying out goods is foreseen on several occasions. This form of sale, based on public competition, pursues two clear objectives: on the one hand, the transparency of the procedure and, on the other hand, obtaining the highest possible return on the sale of the goods. These procedures-notarial, judicial or administrative-until the entry into force of the regulatory regulations deriving from Law 1/2013 of 14 May, of measures to strengthen the protection of mortgage debtors, debt restructuring and social rent, were characterized mainly by their in-person configuration, by differences in their development, limitations to their advertising and the great rigidity of their 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 it was analysed, as one of the measures to be adopted, the creation of the Agency State Official Gazette of the State of an Electronic Portal of Auctions for its celebration, in order to achieve greater administrative simplification avoiding, at the same time, the overlapping of procedures through the reuse of the means available. The existence of a single portal offers important advantages, among them the user is familiar with an environment and it is enough to be discharged as such in a single place to be able 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, to maintain a single search engine that will cover the entire practice of public auctions-ease for the citizen-and on the other, it will save significantly the costs of hosting, maintaining and developing the database. The exploitation of that database may subsequently facilitate all types of information and statistics.

The advantages of the electronic auction in front of the face value are very important because the latter is currently suffering from serious disadvantages such as the lack of publicity, as the auctions are announced barely and their limited This is a very difficult issue, but it is a very difficult one. It also highlights the limitation of the access of the in-person auction, which complicates the participation to those who participate in person or represented, in their case, by forcing them to be in a given place, day and time. The rigidity of the procedure of the presential auction has also been emphasized as it suffers from a formalistic rigor today.

II

The electronic auction today has innumerable advantages, as it allows to multiply the advertising of the procedures, to provide almost unlimited information of both the auction and the good and, most importantly, to bid almost in any time and from anywhere, which generates a more efficient system for all those affected.

Legal security must be a constant in the electronic procedure. The electronic auction has no less legal guarantees than in the face. From the outset there is an unambiguous identification of all those involved, by means of a recognised certificate of electronic signature or by means of signature with pre-arranged key systems. The system guarantees with electronic certificate each and every transaction, in which a stamp will determine the exact moment in which they took place; the recognized certificate of electronic signature, attached to the time stamp and to the Traceability of all processes ensures absolute transparency of the procedure. Without prejudice to the existence of an auction controller-in this case, the judicial secretary-to whom the necessary information must be provided so that he can monitor that the procedure has been properly developed. In this way, transparency is a defining element of the new model, as the Charter of Citizens ' Rights to Justice points out and with the aim of obtaining a more open justice, capable of responding to citizens with greater agility, quality and effectiveness.

In addition, the agency responsible for the conduct of the Auction Portal is the State Official Gazette Agency, which will also contribute to the new procedure confidence and guarantee.

III

Law 1/2013, of 14 May, amends article 129 of the Mortgage Law among other aspects, to introduce the unique electronic form for the notarial auction derived from the extra-judicial forced sale that such article regulates. Without prejudice to the fact that this Law has made it necessary to make certain adjustments to this Article, which is the subject of the third final provision, it does not appear to be logical for the electronic form to be reserved for notarial auctions and not to apply to them. judicial auctions resulting from enforcement procedures.

The reform has an impact on the entire auction procedure, both for movable and immovable property, adapting it to the electronic system. This system is designed based on the criteria for advertising, security and availability. Special interest is given to advertising, as it begins with its announcement in the "Official Gazette of the State", which has at the essence of its function the official publication in Spain; it will also be advertised in the Portal of the Administration of Justice and later in the Auction Portal. For each of them, the registration of the goods and of the supplementary data, such as drawings, photographs, licences or other elements which, in the judgment of the debtor, the creditor or the Registrar, may contribute to the sale of the good. It also highlights the impetus for electronic communications and notifications between the Auctions Portal and the various stakeholders in the process, although the necessary guarantees are established for the case that the citizen lacks the means (a) technical assistance necessary to intervene in the electronic auction, in accordance with Law 11/2007, of 22 June, of electronic access of citizens to Public Services, and to Law 18/2011, of 5 July, regulating the use of the technologies of the information and communication in the Administration of Justice. In the same desire for transparency and publicity, the novelty introduced in the notifications and communications that the Registrar of the Property must make to the registrals of rights after the load that is executed, can be framed. replacing the publication of those which would have been unsuccessful in the Register of Register notices, of limited effectiveness, by their publication in the "Official State Gazette", within the performance of the public service registry.

As the head of the judicial office, the judicial secretary assumes a primary role in the conduct of judicial auctions, with the aim of promoting its transparency. It corresponds to the beginning of the auction, to order its publication with reference of the necessary data, as well as its suspension or resumption, maintaining a continuous control during its development until its term, through an electronic relationship privileged with the Auction Portal. And the auction will be completed, the Auction Portal will transmit certified information to the judicial secretary in which he will order the bids, headed by which he would have been victorious.

The Law regulates the electronic auction of movable property, real estate and real estate in cases where they have been mortgaged, with the own specialties of foreclosure with a target precise: the increase of the concurrency and, therefore, of the possibilities of sale and that it is realized for better price.

Furthermore, in order to guarantee this maximum concurrence of tenderers, the use of signature systems with previously agreed keys, for the access and use of the Portal of Auctions, is expressly authorized. by observing the necessary safety standards and prior to the correct identification of persons who wish to be discharged from the Auction Portal.

IV

The second part of the Law is intended to amend Law 20/2011, of 21 July, of the Civil Registry. With this legal amendment, it is intended that, as of the entry into force of this Law, the registration of the newborns will be carried out directly from the health centers, as a "one-stop shop" where the parents, assisted by the (a) the optional declaration form to which the optional part of the birth certificate will be incorporated, which will be transmitted by telematic from the health centre to the Civil Registry, covered by the recognised certificate of electronic signature of the optional. It will not be necessary, therefore, to go personally to the Office of the Civil Registry to carry out the registration of the born. This entails the modification of the Civil Code, as well as of Law 14/2006, of May 26, on techniques of assisted human reproduction.

In addition, the rules necessary for cases where the birth has occurred outside the health establishment or where the official form has not been referred to in this case have been provided for. the time limit and the expected conditions.

In this way electronic medical certification is established for the purposes of the registration in the Civil Registry, both of the births and of the deaths, in normal circumstances, in health centers.

In the case of deaths, medical certification shall express the existence or not of signs of violent death, or any reason why the burial license should not be issued, so that when the Encharged of the Registry they have been made to state by this or any other means such indications, may refrain from issuing the burial or incineration licence until authorisation from the competent judicial body.

As for the security of the identity of those born, the social alarm caused by the drama of the "stolen children" has been addressed, for which the Law has an impact on the security of identification of the newborns and the determination, without doubt, the relationship between the mother and the child, through the realization, if any, of the necessary medical, biometric and analytical tests; and on the other hand, the controls are multiplied for the case of the death of the born in the health centres after the first six months of pregnancy, requiring the certificate of death is signed by two doctors, who must affirm, under their responsibility, that, in childbirth and, where appropriate, the tests carried out on the genetic material of the mother and the child, no doubt is given to the maternal relationship subsidiary. This data, as regulated in Law 41/2002 of 14 November, basic regulation of the autonomy of the patient and of the rights and obligations in the field of information and clinical documentation, will form part of the medical history of the newborn, where they will be kept until their death and, produced, they will be transferred to the final files of the corresponding administration, where they will be kept with due security measures.

Likewise, in the field of child protection, the non-obligation of the mother who gives up her child at the time of birth to promote the birth registration, passing that obligation to the Public Entity is established. In this case, the mother's address is not the same as the statistical effects, thus avoiding the effect of automatic registration of the child at the mother's home who has renounced her child.

V

The Law, with the content and objectives that have been indicated, is structured in two articles. In the first one, the reform of those articles of the Law on Civil Procedure related to the executive auctions and the second one, the reform of the articles corresponding to the Law of the Civil Registry. The Act concludes with four additional provisions, three transitional provisions, one repeal and ten final provisions.

Article first. Amendment of Law 1/2000 of 7 January of Civil Procedure.

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

One. Paragraphs 1 and 3 of Article 551 are worded as follows:

" 1. The Court, provided that the budgets and procedural requirements are met, the Executive Title does not suffer from any formal irregularity and the implementing acts which are requested are in accordance with the nature and title content, will dictate auto containing the general order of execution and dispatch the same.

Prior to the Secretary of the Court, he shall carry out the appropriate consultation with the Public Registry Office for the purposes provided for in Article 5a (4) of the Law on Insolvency. "

" 3. The order of the Judge or the Magistrate, the judicial Registrar responsible for the execution, on the same day or on the following working day to the one in which the order has been issued, shall dictate the decree in which they shall contain:

1. The concrete executive measures that will result, including if the embargo of goods is possible.

2. The measures to locate and find out the property of the executed person, as provided for in Articles 589 and 590.

3. The content of the order of payment to be made to the debtor, in cases where the law establishes this requirement.

The Registrar shall inform the Public Registry of the existence of the order for which the execution is issued with the express specification of the tax identification number of the person who is the person who is physically or legal action against which enforcement is issued. The Public Registry Office shall notify the court that it is aware of the execution of the practice of any seat that is carried out associated with the number of tax identification notified to the effects provided for in the insolvency legislation. The Registrar shall bring to the attention of the Public Registry the completion of the execution procedure when the procedure occurs. "

Two. Article 636 (3) is worded as follows:

" 3. Without prejudice to the provisions of the foregoing paragraphs, once the goods have been seized by the Registrar, the necessary action shall be taken for the judicial auction of the goods, which shall take place within the prescribed period if the latter does not requests and orders, in accordance with the provisions of this Law, that the forced realization be carried out differently. "

Three. Article 644 is worded as follows:

" Article 644. Auction call.

Once the justiprice of the lien movable property has been fixed, the judicial secretary, by decree, will agree to the call of the auction.

The auction will take place, in any case, electronically on the Auction Portal, under the responsibility of the Judicial Secretary. "

Four. Article 645 is worded as follows:

" Article 645. Advertisement and advertisement of the auction.

1. Once the resolution provided for in the previous article is signed, the call for the auction will be announced in the "Official State Gazette", serving the notice of notification to the executed non-personado. The Registrar before whom the execution procedure is followed shall order the publication of the notice of the invitation to tender by referring himself, with the content referred to in the following Article and in a telematic form, to the "Official State Gazette". Likewise, and for information purposes only, the announcement of the auction will be published in the Portal of the Administration of Justice.

In addition, at the request of the executing or the executed and if the judicial secretary responsible for the execution considers it appropriate, the auction shall be given to the auction that is reasonable, using the public and private means are more appropriate to the nature and value of the goods to be carried out.

2. Each party shall be obliged to pay the costs arising from the measures which, for the publicity of the auction, would have requested, without prejudice to the costs incurred by the publication in the Official Gazette of the State, would have been generated to the performer. "

Five. Article 646 is worded as follows:

" Article 646. Content of the advertisement and the advertising of the auction.

1. The notice of the auction in the "Official State Gazette" shall contain only the date of the auction, the judicial office before which the execution procedure is followed, its identification number and class, as well as the electronic address which corresponds to the auction in the Auction Portal.

2. The Auction Portal will incorporate, separately for each of them, the edict, which will include the general and particular conditions of the auction and the assets to be auctioned, as well as how much data and circumstances are relevant to the auction. itself, and necessarily the value or valuation of the goods or goods which are the object of the auction which serves as a type for the auction. This data should be submitted to the Auction Portal so that it can be electronically processed by the Auction Portal to facilitate and order the information.

In the edict and the Auction Portal, it will also be stated that any tenderer will be understood to accept or assume their non-existence, as well as the consequences of their bids not exceeding the percentages of the type of the auction set out in Article 650.

3. The content of the advertising carried out by other means shall be accommodated in the nature of the medium which, in each case, is used, seeking the largest cost economy, and may be limited to the precise data to identify the goods or lots of property, the value of the valuation of the goods, their post-life status, as well as the electronic address corresponding to the auction within the Auction Portal. "

Six. Article 647 (1) and Article 647 (3) are amended as follows:

" 3. Be in possession of the corresponding accreditation, for which it will be necessary to have recorded 5 percent of the value of the goods. The consignment will be made by electronic means through the Auction Portal, which will use the telematic services that the State Agency of the Tax Administration will make available to them, who in turn will receive the income through their collaborating entities. "

" 3. Only the performer or subsequent creditors may make a position by reserving the right to assign the auction to a third party. The transfer shall be verified by appearance before the Secretary-General responsible for the execution, with the assistance of the transferee, who shall accept it, and all prior to or at the same time as payment or consignment of the price of the auction to be documented. Equal powers shall be equal to the applicant if he or she requests, in the cases provided for, the award of the goods or goods auctioned. "

Seven. Article 648 is worded as follows:

" Article 648. Electronic auction.

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

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

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

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

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

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

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

Eight. Article 649 is worded as follows:

" Article 649. Auction development and termination.

1. The auction shall accept positions for a period of 20 calendar days from its opening. The auction shall not be closed until one hour after the last position has been taken, even if this leads to the extension of the initial period of 20 days referred to in this Article for a maximum of 24 hours.

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

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

3. On the date of the closing of the auction and following the auction, the Auction Portal shall forward to the judicial secretary certified information of the telematic position which would have been successful, as well as, in order of decreasing amount and In the case of the same, of all the others who have opted for the reserve of position referred to in the second subparagraph of Article 652 (1), with the name, surname and electronic address of the tenderers.

4. After the auction has been completed and the information received, the judicial secretary will leave it on record, expressing the name of those who had participated and the positions they formulated. "

Nine. Paragraphs 1 and 5 are amended, a new paragraph is added which becomes number 5 and renumbered paragraphs 5 and 6, which become 6 and 7, of Article 650, and are worded as follows:

" 1. Where the best position is equal to or greater than 50% of the guarantee, the judicial secretary by decree, on the same day or in the following day of the closing of the auction, will approve the auction in favor of the highest bidder. The amount of such a position shall be entered in the remover, minus that of the deposit, within 10 days of the notification of the decree and, taken out, shall be placed in the possession of the goods. "

" 5. If, by the amount of the bid, the executing or the executing person is able to exercise the powers granted to them in paragraphs 3 and 4 of this article, the Registrar shall, after the time limits indicated, make the mandatory notification to the The tenderer who would have obtained the highest bidder or, where appropriate, shall inform him that the executing or executing has exercised their respective powers.

6. At any time prior to the approval of the auction or the award to the performer, he may be executed to release his assets by paying in full what is due to the principal, interest and costs. In this case, the Registrar shall agree by decree to suspend the auction or to leave the auction without effect, and shall immediately inform the Auction Portal in both cases.

7. The difference between the deposit and the total price of the auction shall be issued, where applicable, in the Deposits and Consignations Account, where applicable, in the Deposit Account and Consignations, and the award decree shall be issued, where appropriate, that the price, giving knowledge of such an act, equally, to the Auction Portal. "

Ten. Article 652 is worded as follows:

" Article 652. Destination of the deposited deposits to bid.

1. After the auction, the quantities entered by the bidders shall be released or returned except for the best bidder, which shall be reserved in deposit as a guarantee of compliance with their obligation and, where appropriate, as part of the price of the sale.

However, if the other bidders so request, the reserve of the amounts entered by them will also be retained, so that, if the rematant does not deliver the rest of the price, the auction can be approved in favour of the they follow him, by the order of their respective positions and, if they were equal, by the chronological order in which they were made.

2. Any returns pursuant to the provisions of the preceding paragraph shall be made to the person who made the deposit regardless of whether he acted on his behalf or on behalf of another. "

Once. Article 653 (3) is deleted.

Twelve. Article 656 is worded as follows:

" Article 656. Domain and load certification.

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

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

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

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

2. The registrar shall record on a marginal note the issue of the certification referred to in the preceding paragraph, expressing the date and the procedure to which it relates.

The registrar shall immediately and in a telematic manner notify the Registrar and the Auction Portal of the fact that another or other titles affecting or modifying the initial information have been filed for the purposes of the Article 667.

The Auction Portal will collect the information provided by the Registry immediately for shipment to those who consult its content.

3. Without prejudice to the foregoing, the Prosecutor of the executing party, duly authorized by the Secretary of the Court and once he has noted the embargo, may apply for the certification referred to in paragraph 1 of this precept, the issue of which shall be also object of marginal note. In any case, certification shall be issued in electronic format and with structured content. "

Thirteen. Article 657 (3) is worded as follows:

" 3. After ten days from the requirement to the executed and the creditors without any of them having replied, it is understood that the charge, to the sole effects of the execution, is updated at the moment of the requirement in the terms fixed in the preferred title. "

Fourteen. Article 660 (1) is worded as follows:

" 1. The communications referred to in Articles 657 and 659 shall be carried out at the address of the Registry, by post with an acknowledgement of receipt or by other means.

For the purposes of this Article, any registrant of a real right, a charge or a lien which falls upon a good may record in the Register a domicile in a national territory in which he wishes to be notified in case of execution. This circumstance shall be recorded by note on the margin of the registration of the actual right, charge or charge of the holder. An electronic address may also be entered for the purposes of notifications. An electronic address shall be understood to mean that this procedure is agreed to receive notifications, without prejudice to the fact that they are to be made cumulatively and not alternative to personal ones. In this case, the time limit shall be calculated from the day following the first of the positive notifications which would have been made in accordance with the procedural rules or the Law 18/2011 of 5 July, regulating the use of the information and communication technologies in the Administration of Justice. The establishment or change of domicile or electronic address may be communicated to the Registry in any of the forms and with the effects referred to in Article 683 (2) of this Law.

The certification referred to in Article 656, whether referred directly by the Registrar or provided by the Prosecutor of the performer, shall express the performance of such communications.

In the event that the address is not registered in the Register or that the communication is returned for any reason, the Registrar will practice new communication by edict, which will be inserted in the " Official Journal of the Status "."

Fifteen. Article 661 is worded as follows:

" Article 661. Communication of the execution to tenants and occupants in fact. Advertisement of the post-death situation.

1. Where, by the manifestation of the goods of the executed person, by indication of the performer or in any other way, the existence and identity of persons, other than the executed person, who occupy the foreclosed property, shall be notified in the proceedings, the existence of the enforcement, so that, within ten days, the titles justifying their situation are presented to the Court. Such notification may be made by the prosecutor of the executing party who so requests or when the judicial secretary agrees with the circumstances.

In the advertising of the auction held in the Portal of Auctions, as well as in the public or private media in its case, it will be expressed, with the possible detail, the situation after the building or that, on the contrary, is not in a position to be satisfied, if this circumstance is satisfied to the Registrar responsible for enforcement.

2. The executing person may request that, before the auction is announced, the Court shall declare that the occupant or occupants have no right to remain in the building, once the property has been executed. The request shall be processed in accordance with Article 675 (3) and the Court shall access it and shall make, by means of a non-actionable order, the declaration requested, where the occupant or occupants can be regarded as a mere fact or without sufficient title. In another case, it shall also declare, without further appeal, that the occupant or occupants have the right to remain in the building, leaving to the exception of the actions which may correspond to the future acquirer to evict those persons.

The statements referred to in the preceding paragraph shall be stated in the auction advertising. "

Sixteen. Article 667 is worded as follows:

" Article 667. Auction call.

1. The invitation to tender shall be announced and shall be subject to publicity as provided for in Article 645.

2. The Auction Portal will be communicated, through the systems of the College of Registrars, with the corresponding Register so that it will make and issue an electronic registration information concerning the estate or estates auctioned that keep permanently updated until the end of the auction, and will be served through the Auction Portal. In the same way, if the farm is identified in graphic bases, the information will be available. In the event that such information could not be issued for any cause incurred forty-eight hours since the publication of the notice, it shall be expressed and the auction shall be commenced, without prejudice to its subsequent incorporation into the Portal of Auctions before the end of the auction. "

seventeen. Article 668 is worded as follows:

" Article 668. Content of the auction advertisement and advertisement.

1. The content of the auction notice and its advertising shall be carried out in accordance with the provisions of Article 646.

2. In the Portal of Auctions, the Edict will be incorporated separately for each of them, in addition to the data indicated in Article 646, the identification of the farm or property of the auction, its registration data and the cadastral reference if they have it, as well as how much data and circumstances are relevant to the auction and, necessarily, the value or valuation that serves as a type for the auction, the minorization of the preferential charges, if any, and their situation posesory, if it is contained in the implementing procedure. It shall also indicate, where appropriate, the possibility of visiting the immovable property referred to in Article 669 (3). This data should be submitted to the Auction Portal so that it can be electronically processed by the Auction Portal to facilitate and order the information.

In the edict and the Auction Portal, it will also be stated that any tenderer will be understood to accept as quite the degree existing in the execution procedure or assume its non-existence, as well as the consequences. that their bids do not exceed the percentages of the auction rate set out in Article 670. In addition, it will be noted that the charges, levies and seats prior to the actor's credit will continue to exist and that, for the sole reason of participating in the auction, the tenderer admits and agrees to be subrogated to the liability of the those if the auction is awarded in their favor.

3. The registration certificate, if any, can be found through the Auction Portal. From any farm under tender, it shall be provided from the relevant Register, through the Auction Portal, the certification that would have been issued to start the procedure, as well as the updated registration information to which it is refers to Article 667, the cadastral reference if it is incorporated in the estate and graphic, urban or environmental information associated with the estate in the legally intended terms, if this is possible. "

Eighteen. Paragraph 1 is amended and new paragraphs 3 and 4 are added to Article 669 and shall be amended as follows:

" 1. In order to take part in the auction the bidders must, in advance, enter in the form set out in Article 647 (1), an amount equal to 5% of the value which has been given to the goods in accordance with the provisions of the Article 666 of this Law. "

" 3. During the tendering period, any interested party in the auction may request the Court to inspect the property or buildings executed, which shall inform the person in possession of the property, requesting his consent. Where the holder consents to the inspection of the property and properly cooperates with the requirements of the Court to facilitate the best development of the auction of the good, the debtor may request the Court to reduce the debt of up to 2 by a hundred of the value for which the good would have been awarded if the holder or the holder had acted on his behalf. The Court, having regard to the circumstances, and after hearing the performer for a period of not more than five days, shall decide on the reduction of the debt to be incurred within the maximum deductible.

4. The resumption of the suspended auction for a period of more than 15 days shall be carried out by means of a new publication of the notice and a new request for registration information, if any, as if it were a new auction. "

nineteen. Article 670 (1) and (7) shall be worded as follows:

" 1. If the best position is equal to or greater than 70% of the value for which the property has been auctioned, the judicial secretary responsible for the execution, by decree, on the same day or on the day following the closing of the auction, shall approve the auction in favour of the highest bidder. Within 40 days, the remover shall be recorded in the Deposit Account and Consignations the difference between the deposit and the total price of the auction. "

" 7. At any time prior to the approval of the auction or the award to the performer, he may be able to release his assets by fully paying what is due to the principal, interest and costs. In this case, the Registrar shall agree by decree to suspend the auction or to leave the auction without effect, and shall immediately communicate it in both cases to the Auction Portal. "

Twenty. Article 673 is worded as follows:

" Article 673. Registration of the acquisition: title.

It will be a sufficient title for the registration in the Land Registry of the testimony, issued by the judicial secretary, of the decree of adjudication, understanding of the resolution of approval of the auction, of the award to the the creditor or the transfer by agreement of performance or by a person or a specialised entity, and in which the price has been entered, as well as the other circumstances necessary for the registration in accordance with the mortgage legislation.

The testimony shall, where appropriate, express that the rematant has obtained credit to pay the price of the auction and, where appropriate, the prior deposit, indicating the amounts financed and the entity that has granted the loan, to the effects provided for in Article 134 of the Mortgage Act. '

Twenty-one. Article 674 is worded as follows:

" Article 674. Load cancellation.

At the request of the acquirer, it shall be issued, where appropriate, a warrant for the cancellation of the entry or entry of the charge that has originated the auction or the award.

The Registrar shall also send the cancellation of all subsequent entries and entries, including those which have been verified after the certification of the certification referred to in Article 656 has been issued, in the same order that the value of the sold or awarded was equal to or less than the total amount of the actor's credit and, in the case of having been exceeded, that the remainder was retained at the disposal of the persons concerned.

The other circumstances that the mortgage legislation requires for the registration of the cancellation shall also be expressed in the order.

At the request of a party, the testimony of the award decree and the order of cancellation of charges shall be transmitted electronically to the Registry or Records of the Property concerned. "

Twenty-two. Article 682 (2) is worded as follows:

" 2. Where mortgaged goods are pursued, the provisions of this Chapter shall apply provided that, in addition to the provisions of the preceding paragraph, the following requirements are met:

1. º That in the writing of the constitution of the mortgage is determined the price in which the interested ones value the estate or mortgaged, to serve as type in the auction, that it will not be able to be inferior, in any case, to 75 percent of the value indicated in the valuation which, if any, was made pursuant to the provisions of Law 2/1981 of 25 March of Regulation of the Mortgage Market.

2. º That, in the same deed, there is a domicile, which the debtor will fix, for the practice of the requirements and the notifications. In addition, an electronic address may also be established for the purpose of receiving the corresponding electronic notifications, in which case the provisions of the second subparagraph of Article 660 (1) shall apply.

In the mortgage on commercial establishments you will necessarily have at home the place where the establishment is installed which is mortgage. "

Twenty-three. Article 683 is worded as follows:

" Article 683. Marked address change for requirements and notifications.

1. The debtor and the non-debtor mortgagee may change the address they have designated for the practice of requirements and notifications, subject to the following rules:

1. When mortgaged property is immovable, the creditor's consent shall not be required, provided that the change takes place within the same population as it has been designated in the deed, or of any other than is locked in the term in which they radiate the farms and which serves to determine the jurisdiction of the Court.

To change that address to a different point from those expressed, the creditor's compliance will be required.

2. In the case of a movable mortgage, the domicile may not be changed without the creditor's consent.

3. In case of a naval mortgage, the change of domicile will be sufficient to bring to the attention of the creditor.

In any case, it will be necessary to credit the feisty notification to the creditor.

2. The address changes referred to in the previous paragraph shall be recorded in the Register by note to the margin of the mortgage registration, either by means of an instance with a legitimate signature or ratified by the Registrar, either by instance presented in the Register, guaranteed with a recognised certificate of electronic signature, or by a notarial act.

3. For the purposes of requirements and notifications, the domicile of the third-party acquirers of mortgaged goods shall be that which appears to be designated in the registration of their acquisition. In any event, the forecast contained in Article 660 (1) shall apply. "

Twenty-four. A new paragraph 5 is added to Article 685, which shall be worded as follows:

" 5. For the purposes referred to in Article 579 (1), it shall be necessary, in order to enable it to be carried out in respect of the missing quantity and against those who proceed, that the initial executive claim has been notified to them. Such notification may be made by the prosecutor of the executing party who so requests or when the judicial secretary agrees with the circumstances.

The amount claimed in this will be the amount that will serve as the basis for dispensing execution against the guarantor or guarantor without it being increased by reason of the interest of late payment during the processing of the procedure initial executive. "

Twenty-five. Article 686 (2) and (3) are worded as follows:

" 2. Without prejudice to the notification to the debtor of the dispatch of the execution, the requirement referred to in the preceding paragraph shall not be applied when the requirement or requirements have been proved to have been made out of order, in accordance with the referred to in Article 581 (2).

For these purposes, the requirement of the debtor and, where applicable, the notifications to the third mortgage holder not debtor and holders, if any, of rights registered after the actual right of mortgage to be exercised, shall be be carried out at the registered office of each of them in the Register. The requirement or notification shall be made by the Notary, in the form that results from the notarial legislation, in the person of the recipient, if it is found in the registered office. Not finding himself in the house, the Notary will carry out the diligence with the elderly person who will be there and manifest to have with the required personal or employment relationship. The Notary shall expressly state the expression of that person's consent to take charge of the cedula and its obligation to make it reach its addressee.

Notwithstanding the foregoing, the requirement or the notification made outside the address that is recorded in the Land Registry will be valid provided that it is done in the person of the recipient and, after identification by the Notary, with your consent, which will be expressed in the notice of requirement or notification.

In case the recipient is a legal person, the Notary will understand the diligence with an older person who will be at the address indicated in the Register and who is part of the administrative body, which accredit to be a representative with sufficient powers or that in the case of the Notary acts as a person in charge of the legal person to receive the necessary requirements or notifications in his interest.

3. Attempted without effect the requirement at the address that results from the Registry, not being able to be performed the same with the persons referred to in the previous paragraph, and made by the Judicial Office the relevant inquiries for determine the domicile of the debtor, order the publication of the edicts in the manner provided for in Article 164. "

Twenty-six. Article 688 (1) is worded as follows:

" 1. Where the execution is carried out on mortgaged goods, it shall be claimed from the Registrar certifying the extremes referred to in Article 656 (1) and the literal insertion of the registration of the mortgage which is to be execute, expressing that the mortgage in favor of the performer is subsisting and uncancelled or, if necessary, the cancellation or modifications that appear in the Registry. In any event, the provisions of Article 656 (3) shall apply.

Twenty-seven. Article 691 is worded as follows:

" Article 691. Call for the auction of mortgaged goods. Notice and publicity of the call.

1. Having regard to the provisions of the preceding Articles and 20 days after the request for payment has been made and the notifications given above, the actor, the debtor or the third holder shall be held at the auction of the estate or mortgaged.

2. The auction shall be announced and given in the form determined by Articles 667 and 668.

3. When the procedure for secured debt with mortgage on commercial establishment is followed, the edict published in the Auction Portal will indicate that the acquirer will be subject to the provisions of the Law on Urban Leases, accepting, where appropriate, the right of the lessor to raise the lease on the contract.

4. The auction of mortgaged goods, whether movable or immovable, shall be held in accordance with the provisions of this Law for the auction of immovable property.

5. Where the Registrar is satisfied with the debtor's declaration of contest, he shall suspend the auction even if it has already been initiated. In this case, the auction will resume when it is established, by means of testimony of the decision of the Judge of the contest, that the goods or rights are not necessary for the continuity of the professional or business activity of the debtor, application of the provisions of Article 649 (2). In any case, the Registrar of the Property shall notify the Judicial Office before which the executive procedure follows the registration or annotation of the contest on the mortgaged estate, as well as the record of not being affected or not necessary the good to the professional or business activity of the debtor.

6. In the process of implementation referred to in this Chapter, it may also be used by means of a convention and by means of a person or a specialized entity governed by Sections 3 and 4 of Chapter IV of this Chapter. Title. "

Twenty-eight. Article 693 is worded as follows:

" Article 693. Claim limited to part of the capital or interest the payment of which must be made within different time limits. Anticipated maturity of time-bound debts.

1. The provisions of this Chapter shall apply to the case in which a part of the capital of the credit or interest, the payment of which is to be made in instalments, is no longer payable, if at least three monthly instalments are due without the debtor's obligation to pay or a the number of quotas in such a way that the debtor has failed to fulfil his obligation for at least three months. This will be stated by the Notary in the writing of the constitution and by the Registrar in the corresponding seat. If, for the payment of any of the time limits of the capital or of the interest, it is necessary to dispose of the mortgaged good, and still to overcome other deadlines of the obligation, the sale will be verified and the estate will be transferred to the buyer with the mortgage corresponding to the portion of the credit that is not satisfied.

2. The total amount due may be claimed by capital and interest if the total maturity has been agreed upon in the event of non-payment of at least three monthly instalments without the debtor's obligation to pay or a number of such instalments. assume that the debtor has failed to fulfil its obligation for at least three months ' time, and this agreement shall consist of the writing of the constitution and the respective seat.

3. In the case referred to in the preceding paragraph, the creditor may request that, without prejudice to the fact that the execution takes off for the whole of the debt, the debtor shall be notified that, before the auction is closed, he may release the goods by means of the entry of the exact amount which, by principal and interest, is due on the date of the filing of the claim, plus, where appropriate, the maturity of the loan and the interest on late payment occurring throughout the procedure and are not paid in whole or in part. For these purposes, the creditor may request that it be carried out in accordance with the provisions of Article 578 (2).

If the mortgaged property is the habitual dwelling, the debtor may, even without the creditor's consent, release the goods by entering the amounts expressed in the preceding paragraph.

Released a good for the first time, it may be released on second or subsequent occasions whenever, at least, three years between the date of the release and the date of the injunction of judicial or extrajudicial payment made by the creditor.

If the debtor has made the payment under the conditions set out in the preceding paragraphs, the costs shall be assessed, calculated on the amount of the overdue fees paid, subject to the limit laid down in Article 575.1 (a) and, once satisfied, the judicial secretary will dictate decree releasing the good and declaring the procedure finished. The same shall be agreed upon when the payment is made by a third party with the consent of the performer. "

Article 2. Amendment of Law 20/2011 of 21 July of the Civil Registry.

Law 20/2011, of July 21, of the Civil Registry, is amended as follows:

One. Article 44 is worded as follows:

" Article 44. Birth and parentage enrollment.

1. The births of persons are registered, as provided for in Article 30 of the Civil Code.

2. The registration makes faith of the fact, date, time and place of birth, identity, sex and, if applicable, the affiliation of the registered person.

3. Birth registration shall be carried out by virtue of a declaration made in an official document duly signed by him or the declarants, accompanied by the optional part. To this end, the doctor, nurse specialist in obstetrician-gynecological nursing or the nurse who attends the birth, inside or outside the health establishment, will check, by any of the means admitted in law, the identity of the mother of the newborn for the purpose of inclusion in the optional part. The parents shall make their declaration by completing the corresponding official form, which shall contain appropriate warnings of the value of such a declaration in accordance with the rules on the legal determination of the parentage.

In default of the optional part, the supporting documentation must be provided in the terms that are regulated.

The Charge of the Civil Registry, once received and examined the documentation, will immediately practice the birth registration. Such registration shall determine the opening of a new individual registration, to which a personal code shall be assigned in the terms provided for in Article 6 of this Law.

4. The parentage shall be determined, for the purposes of the birth registration, in accordance with the provisions of the civil laws and in Law 14/2006 of May 26 on assisted human reproduction techniques.

Except in the cases referred to in Article 48, in any birth registration that occurred in Spain, the mother's parentage will necessarily be stated, although access to it will be restricted in the cases in which the the mother on reasonable grounds so requests and whenever she renounces to exercise the rights arising from such affiliation. In the event of a disagreement between the declaration and the optional part or regulatory verification, the latter shall prevail.

The parental parentage at the time of the child's registration shall be stated:

(a) Where the marriage to the mother is duly credited and is in accordance with the husband's paternity presumptions laid down in the civil legislation or, even if the latter is not present, the consent of both spouses, even if there was legal or factual separation.

(b) When the parent manifests its conformity to the determination of such affiliation, provided that it does not conflict with the assumptions laid down in the civil legislation and there is no controversy. The conditions laid down in civil law for their validity and effectiveness must also be met.

In cases where it is established that the mother has a matrimonial relationship with a person other than that contained in the declaration, or if the presumption provided for in Article 116 of the Civil Code is applied, the Birth registration immediately only with the mother's parentage and the opening of a registration file for the determination of parental parentage.

5. It shall also consist of marriage parentage where the mother is married, and not legally separated or in fact, with another woman and the latter shall state that she consents to the fact that the parentage is determined in respect of the child born of her spouse.

6. In cases of adopted parentage, the judicial or administrative decision constituting the adoption shall be recorded in accordance with the applicable legislation, subject to the restricted advertising regime provided for in this Law.

7. Recognition of non-marital affiliation after the child's registration may be done in accordance with the forms laid down in the Civil Code at any time. If it is made by a declaration of the father before the Encharged of the Civil Registry, the express consent of the mother and the legal representative of the child will be required if it is minor or of this if it is greater. If you have the capacity modified judicially, the consent of your legal representative, the consent of your curator or the consent of the child shall be specified in the judgment. In order for registration to be possible, the requirements for the validity or effectiveness of the recognition required by the Civil Law must also be met.

The filiation may be registered by means of a file approved by the Encharged of the Civil Registry, provided that there is no opposition from the Prosecutor's Office or from the interested party notified personally and compulsorily, if any of the the following circumstances:

1. When there is indubated writing of the parent or the mother in which she expressly recognizes the parentage.

2. When the child is in the continuous possession of the child's father's or mother's state, justified by direct acts of the same parent or family.

3. Regarding the mother, provided that the child's birth and identity are fully tested.

Opposition, the registration of the filiation can only be obtained by the procedure regulated in the Law of Civil Procedure.

8. In the case of disputes and in cases other than the law determines, the parental affiliation shall be required after a judicial decision rendered in accordance with the provisions laid down in the procedural law.

9. Once the registration is carried out, the Encharged shall issue an electronic literal certification of the birth registration and make it available to the declarant or declarant. "

Two. Article 45 is worded as follows:

" Article 45. Required to promote birth registration.

They are obliged to promote birth registration:

1. The address of hospitals, clinics and healthcare facilities.

2. The medical or health care personnel who have attended the delivery, where they have taken place outside the health establishment.

3. The progenitors. However, in the event of the child's resignation at the time of delivery, the mother will not have this obligation, which will be assumed by the corresponding Public Entity.

4. The next of kin or, failing that, any older person present at the place of birth at the time of occurrence. "

Three. Article 46 is worded as follows:

" Article 46. Communication of birth by healthcare facilities.

The management of hospitals, clinics and health facilities will communicate within seventy-two hours to the Office of the Civil Registry that each of the births that have taken place in the center will be health, except those cases that require persons to be placed before the Encharged of the Civil Registry. The health personnel attending the birth shall, under their responsibility, take the necessary precautions to ensure the identification of the newborn and carry out the checks which establish the relationship of affiliation in an imbibed way. maternal, including, where appropriate, the biometric, medical and analytical tests that are necessary for this in accordance with the regulatory legislation of the medical records. In any case, the two plant traces of the newborn, together with the fingerprints of the mother, shall be taken to appear in the same document. In the registration of the birth, it shall be carried out in the Civil Registry to record the performance of said tests and the health center that initially preserves the information related thereto, without prejudice to the transfer of the information to the final files of the appropriate administration where appropriate.

Fulfilled the requirements, the communication shall be made by electronic referral of the official declaration form duly completed by the health centre and signed by the person or persons holding the the obligation to communicate the birth, which shall include the identification and nationality of the declarants, and their declarations concerning the name chosen for the newborn, the order of their surname and their parental affiliation. This form shall be incorporated in the accreditable part of the birth signed by the physician who attended the birth. This referral will be carried out by staff from the health centre, who will use secure electronic identification and signature mechanisms.

At the same time as the presentation of the above mentioned official forms, the data required for the purposes of the competences assigned by the Law to the Institute shall be forwarded to the National Statistics Institute.

The signatories shall be required to prove their identity to the health personnel who have attended the birth, under the responsibility of the latter, by means admitted to law. "

Four. Article 47 is worded as follows:

" Article 47. Birth registration by declaration of other persons obliged.

1. In respect of births which have occurred outside the health establishment, or where the document has not been referred for any reason within the period and conditions laid down in the previous Article, the persons obliged to promote the registration have a period of 10 days to declare the birth before the Office of the Civil Registry or the Consular Offices of the Civil Registry.

2. The declaration shall be made by submitting the duly completed official document accompanied by the compulsory medical certificate signed electronically by the optional or, failing that, the supporting document on the terms rules are determined.

3. In order to register the declaration, where the time limit has elapsed since the date specified, a decision on the registration shall be required. '

Five. Paragraphs 1 and 4 of Article 49 are worded as follows:

" 1. The birth registration shall contain the identity of the person born in the name given to him and the surnames corresponding to him according to his affiliation. They shall also consist of the place, date and time of birth and sex of the child. '

" 4. They shall, in addition, and whenever possible, consist of the following circumstances of the parents: first and last names, National Identity Document or Identification number and passport from abroad, where applicable, place and date of birth, state civil, domicile and nationality, as well as any other data necessary for the fulfilment of the object of the Civil Registry referred to in Article 2 which has been included in the officially approved models. If the mother has given up her child at the time of delivery, the address of the mother shall be subject to the restricted advertising scheme and shall not appear for statistical purposes. '

Six. Article 64 is worded as follows:

" Article 64. Communication of the death by health centers.

The management of hospitals, clinics and health facilities shall communicate to the Office of the competent Civil Registry and the National Statistics Institute each of the deaths that have taken place in its centre. health. The communication shall be transmitted by electronic means within the time limit laid down by the duly completed official form, accompanied by the medical certificate signed by the optional. This referral will be carried out by staff from the health centre, who will use secure identification and signature mechanisms for this. "

Seven. Article 66 is worded as follows:

" Article 66. Medical certificate of death.

In no case may the death registration be effected without the medical certificate of death presented to the Civil Registry. The certificate, in addition to the circumstances required for the practice of registration, shall include those necessary for the purposes of the National Statistics Institute and, in any case, the existence or not of signs of violent death. and, where appropriate, the opening or non-prosecution of the death if known to him or any reason why, in the opinion of the physician, the burial license should not be issued.

The circumstances referred to in the second subparagraph of the preceding paragraph shall not be incorporated into the death register nor shall be the subject of the advertising regime established in this Law, the sole purpose of which is the in this article. "

Eight. A number 3 is added to Article 67 of the following literal wording:

" 3. Where the death occurred after the first six months of pregnancy before birth, and provided that the newborn was deceased before receiving the discharge, the medical certificate must be issued after the birth. signed, at least, by two doctors, who shall, under their responsibility, bear the responsibility of the birth and, where appropriate, of the tests carried out on the genetic material of the mother and the child, no reasonable doubt as to the mother-to-branch relationship; be entered in the register, or in the file referred to in the additional provision fourth, where appropriate, the conduct of such tests and the health centre which initially retains the information relating to them, without prejudice to the transfer of this information to the final files of the relevant administration where applicable. '

Nine. A ninth additional provision is added, which is worded as follows:

" Additional provision ninth. Obtaining data from the National Statistics Institute.

To facilitate the telematics processing of the Civil Records, the National Statistics Institute will give telematic access to the address data relating to the Municipal Register that will be related to the registration facts, as well. as, if necessary for the correct identification of the above facts, to the identification data contained in the registration register, without specifying for all the consent of the person concerned.

The standard data for the updating of the working information in the databases of the Civil Records shall also be used, under the same conditions as in the previous paragraph. "

Ten. The 10th final provision is worded as follows:

" Final Disposition 10th. Entry into force.

This Law shall enter into force on 30 June 2017, with the exception of the additional seventh and eighth provisions and the third and sixth final provisions, which shall enter into force on the day following that of their publication in the Bulletin State Officer. "

Without prejudice to the foregoing, the articles of this Law, as amended by the second article of Law 19/2015 of July 13, of measures of administrative reform in the field of the law, shall enter into force on 15 October 2015. Administration of Justice and Civil Registry.

Until the full entry into force of this Law, the Government will adopt the necessary measures and regulatory changes affecting the organization and operation of the Civil Records. "

Additional disposition first. Signature by pre-arranged keys in the scope of the State Official Gazette-dependent Auction Portal.

Without prejudice to compliance with safety standards, the system of the Electronic Auction Portal of the State Agency's Official Gazette will admit the use of systems by users of electronic auctions. previously agreed keys in their relations with the Auction Portal and for the execution of bids. In any case, users must have been identified with prior character, either personally or by means of a recognised certificate of signature.

Additional provision second. Protection of personal data in the electronic auction.

1. The processing of personal data carried out in the framework of the electronic auction procedures referred to in the first article of this Law will be fully submitted to the provisions of the Organic Law 15/1999, of 13 of December, for the Protection of Personal Data, and its regulatory provisions for development.

Without prejudice to the responsibility of the Judicial Offices on the processing of personal data, it is up to the State Official Gazette to implement it in the Subastat Portal of the measures. technical and organisational matters referred to in Article 9 of Organic Law 15/1999 of 13 December.

2. The search systems that the State Agency's Official Gazette will implement will have the necessary mechanisms to prevent the automatic indexing and recovery of the electronic auction ads by means of search engines. Internet.

Additional provision third. Updating the Family Book.

It will not be necessary to update the contents of the Family Book when accompanied by the electronic literal certification of the birth referred to in Article 44.9 of Law 20/2011 of 21 July of the Registry Civil.

Additional provision fourth. Media.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

First transient disposition. Pending processes.

The auctions of proceedings initiated prior to the entry into force of this Law, the publication of which has been agreed to continue to be substantiated in accordance with the procedural rules in force on the date of the filing of the the demand.

Second transient disposition. Transitional arrangements until the entry into force of Law 20/2011 of 21 July of the Civil Registry.

Until the full entry into force of Law 20/2011, of July 21, of the Civil Registry, the provisions of the second article of this Law shall apply to the Civil Records governed by the Law of 8 June 1957, on the Civil Registry, by practicing the corresponding inscriptions in the sections of births and deaths provided for in that Law.

Transitional provision third. Recognized electronic signature of the physician and health establishment personnel.

Until both the facultative referred to in Articles 46 and 64 of Law 20/2011 of 21 July of the Civil Registry, they do not have certificates of electronic signature recognized, they will be able to sign the parts and medical certificates referred to in those Articles, but in any case the sending of such documents, together with any other documents necessary in each case, shall be made electronically.

In addition to the recognised electronic signature of the healthcare establishment staff, electronic certificates identifying such establishment may also be used.

Other alternative technological procedures may be established which equally guarantee the authenticity of the document, its integrity, confidentiality and non-repudiation.

Single repeal provision.

1. The additional twenty-first, twenty-third, twenty-fourth and twenty-fifth provisions of Law 18/2014 of 15 October, of approval of urgent measures for growth, competitiveness and efficiency, are hereby repealed.

2. Furthermore, the provisions of this Law shall be repealed as far as the rules are concerned.

Final disposition first. Amendment of the Trade Code for the transposition of Directive 2012/17/EU of the European Parliament and of the Council of 13 June 2012 amending Council Directive 89 /666/EEC and Directives 2005 /56/EC and 2009 /101/EC European Parliament and the Council as regards the interconnection of central, commercial and company registers.

A new paragraph 5 is added to Article 17 of the Trade Code, with the following wording:

" 5. The Trade Register shall ensure interconnection with the European Central Platform in the manner determined by the rules of the European Union and the regulatory standards that develop them. The exchange of information through the interconnection system will make it easier for the parties concerned to obtain information on the indications referring to the name and legal form of the company, its registered office, the Member State in which it is was registered and its registration number. "

Final disposition second. Amendment of the Civil Code.

Article 120 of the Civil Code is amended, which is worded as follows:

" Non-marital affiliation will be legally determined:

1. º At the time of the birth registration, by the declaration made by the father in the corresponding official form referred to in the legislation of the Civil Registry.

2. º For recognition before the Encharged of the Civil Registry, in will or in another public document.

3. º By resolution relapse into file dealt with under the Civil Registry legislation.

4. º By firm statement.

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

Final disposition third. Amendment of the Mortgage Law, text approved by Decree of 8 February 1946.

New wording is given to points (a) and (f) of Article 129 (2) of the Mortgage Law, text approved by Decree of 8 February 1946, which are worded as follows:

" (a) The value in which the persons concerned take the farm to serve as a type in the auction may not be different from that which, where appropriate, has been fixed for the direct judicial execution procedure, nor may it be less than 75% of the value indicated in the valuation which, if any, was made pursuant to the provisions of Law 2/1981 of 25 March of regulation of the mortgage market. '

" (f) When the Notary considers that any of the provisions of the mortgage loan which constitutes the basis of the out-of-court sale or that has determined the amount payable may be abusive, it shall knowledge of the debtor, the creditor and, where appropriate, the non-debtor guarantor and mortgagee, for the appropriate purposes.

In any event, the Notary will suspend the out-of-court sale when either party has demonstrated to the Judge that it is competent, in accordance with the provisions of Article 684 of the Law on Civil Procedure, the abusive nature of such contractual clauses.

The question of such abusive character will be substantiated by the proceedings and with the intended effects for the cause of opposition as regulated in Article 695.1 (4) of the Civil Procedure Act.

Once the matter has been substantiated, and provided that it is not an abusive clause that constitutes the basis of the sale or that the amount payable has been determined, the Notary will be able to continue the extra-judicial sale to requirement of the creditor. '

Final disposition fourth. Amendment of Law 41/2002 of 14 November, basic regulation of the autonomy of the patient and of rights and obligations regarding information and clinical documentation.

Law 41/2002 of 14 November, basic regulation of patient autonomy and rights and obligations in the field of information and clinical documentation, is amended in the following terms:

One. Article 15 (3), which is amended as follows, is amended as follows:

" In the case of birth, the clinical history shall incorporate, in addition to the information referred to in this paragraph, the results of the biometric, medical or analytical tests that are necessary, if necessary, to determine the parentage link with the mother, in terms that are established in a regulated manner. "

Two. Article 17 (1) and (2) are amended as follows:

" 1. Healthcare facilities have an obligation to keep the clinical documentation in a condition that ensures their correct maintenance and safety, although not necessarily in the original support, for the due care of the patient during the appropriate time for each case and at least five years from the date of discharge of each care process.

However, clinical history data related to the birth of the patient, including the results of the biometric, medical or analytical tests that may be necessary to determine the patient's link. parentage with the mother, will not be destroyed, transferring once known the death of the patient, to the final files of the corresponding administration, where the necessary safety measures will be preserved for the effects of the data protection legislation.

2. The clinical documentation shall also be kept for judicial purposes in accordance with the legislation in force. It shall also be retained where there are epidemiological, research or organisational and operational reasons for the National Health System. Their treatment will be done in such a way as to avoid the identification of the affected persons as far as possible.

Without prejudice to the right referred to in the following article, the data in the medical history related to the biometric, medical or analytical tests that are necessary to determine the affiliation link with the mother of the newborn, may only be communicated at the request of the court, within the relevant criminal proceedings or in the case of a complaint or judicial challenge of the maternal affiliation. "

Final disposition fifth. Amendment of Law 14/2006 of 26 May on techniques for assisted human reproduction.

Law 14/2006 of 26 May on assisted human reproduction techniques is amended in the following terms:

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

" 3. Where the woman is married, and not legally separated or in fact, with another woman, the latter may manifest in accordance with the provisions of the Law of the Civil Registry that she consents to the fact that the filiation of the child born of your spouse. "

Two. Article 8 (2) is amended as follows:

" 2. The document extended to the approved centre or service in which the consent is reflected is deemed to be in accordance with the provisions of Article 44 (8) of Law 20/2011 of 21 July of the Civil Registry. fertilisation with donor contribution provided by a non-married male prior to the use of the techniques. The judicial claim of paternity remains safe. "

Three. Article 9 (3) is amended as follows:

" 3. The person not bound by marriage may make use of the possibility provided for in the preceding paragraph; such consent shall serve as a title for initiating the file in Article 44 (8) of Law 20/2011 of 21 July 2011. Civil Registry, without prejudice to the judicial action of paternity claim. "

Final disposition sixth. Regulation of electronic consignations in court auctions.

Within three months of the publication of this Law, by means of a royal decree, on the proposal of the Ministers of Justice and Finance and Public Administrations, the procedure will be regulated to formalize the system of (a) the electronic address of the quantities necessary to take part in the auctions.

Final disposition seventh. Procedure for obtaining Spanish nationality by residence.

1. The procedure for granting Spanish nationality by residence shall be governed by the provisions of the Civil Code, as provided for in this provision and in the regulation that develops it. This regulation will include the own specialties of the procedure for personnel serving the Armed Forces.

2. The processing of the procedure shall be electronic and its instruction shall correspond to the General Directorate of the Registers and the Notary. All communications relating to this procedure shall be made electronically.

3. Compliance with the requirements of the Civil Code for obtaining Spanish nationality by residence must be accredited by means of the documents and other evidence provided for in law and regulation.

The accreditation of sufficient degree of integration in Spanish society will require the improvement of two tests.

The first test will demonstrate a basic knowledge of the Spanish language, level A2 or higher, of the Common European Framework of Reference for the languages of the Council of Europe, by overcoming an examination for obtaining a Spanish diploma as foreign language DELE at level A2 or higher. National applicants from countries or territories where Spanish is the official language will be exempt from this test.

In the second test the knowledge of the Spanish Constitution and the Spanish social and cultural reality will be valued.

Such tests shall be designed and administered by the Cervantes Institute under the conditions to be established.

They will be exempt from the above mentioned tests for those under the age of eighteen and those with a judicially modified capacity.

4. The procedure referred to in this Article shall be subject to payment of a fee of EUR 100. It is the taxable fact of the application for the initiation of the procedure to obtain the Spanish nationality by residence and the person concerned will be subject to it, without prejudice to the fact that he can act on behalf of and independently of the result of the procedure. The management of the fee shall be the responsibility of the Ministry of Justice, which shall regulate how the payment of the charge is to be made.

Final disposition octave. Regulatory enablement.

1. By means of Royal Decree, on the proposal of the Minister of Justice, the regulation governing the electronic procedure for obtaining Spanish nationality by residence will be approved.

2. The Minister of Justice is empowered to lay down the provisions necessary for the implementation of the provisions of this Law.

Final disposition ninth. Competitive titles and basic legislation.

1. This Law is issued under the following jurisdiction:

(a) The first article is issued under the jurisdiction of procedural law which corresponds to the State in accordance with Article 149.1.6. of the Constitution, without prejudice to the necessary specialties which in this order derive from the particularities of the substantive law of the Autonomous Communities.

(b) The second and third and fifth final provisions are given in accordance with Article 149.1.8. of the Constitution, which confers exclusive competence on the State in relation to the management of registers and public instruments.

(c) The second final provision is made under Article 149.1.8. of the Constitution, which gives the State the power to issue civil legislation without prejudice to the conservation, modification and development of civil legislation. Autonomous communities of civil, foral or special rights, where they exist.

(d) The seventh final provision is made under Article 149.1.2. of the Constitution, which gives the State exclusive competence in matters of nationality.

e) The first provision is made in accordance with Article 149.1.6. of the Constitution, which gives the State the power to dictate commercial law.

2. The fourth final provision has the status of basic legislation in accordance with the provisions of Article 149.1.1. and 16. of the Constitution.

Final disposition tenth. Entry into force.

This Law shall enter into force on 15 October 2015, with the exception of Article 2 (10) and (1) of the Single Derogation Provision, which shall enter into force on the day following that of its publication in the Bulletin State Officer. "

Therefore,

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

Madrid, 13 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY