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Law 15/2015, Of 2 July, The Voluntary Jurisdiction.

Original Language Title: Ley 15/2015, de 2 de julio, de la Jurisdicción Voluntaria.

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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.

INDEX

Preliminary Title. General provisions.

Article 1. Object and scope of application.

Article 2. Competition in matters of voluntary jurisdiction.

Article 3. Legitimization and nomination.

Article 4. Intervention by the Prosecutor's Office.

Article 5. Test.

Article 6. Concurrent or later processing of files or processes.

Article 7. Expenses.

Article 8. A supplementary nature of the Civil Procedure Act.

Title I. Of the common rules on the processing of cases of voluntary jurisdiction.

Chapter I. Rules of Private International Law.

Article 9. International competition.

Article 10. Law applicable to cases of voluntary jurisdiction in international cases.

Article 11. Enrollment in public records.

Article 12. Effects on Spain of cases and acts of voluntary jurisdiction agreed by foreign authorities.

Chapter II. Processing rules.

Article 13. Application of the provisions of this Chapter.

Article 14. Initiation of the case.

Article 15. Backlog of files.

Article 16. Ex officio assessment of lack of competence and other defects or omissions.

Article 17. Admission of the application and citation of the interested parties.

Article 18. Celebration of the appearance.

Article 19. Decision of the file.

Article 20. Resources.

Article 21. File expiration.

Article 22. Compliance and enforcement of the resolution ending the dossier.

Title II. Of the cases of voluntary jurisdiction in the field of persons.

Chapter I. Of the authorization or judicial approval of recognition of non-marital affiliation.

Article 23. Scope of application.

Article 24. Competence, legitimisation and application.

Article 25. Processing.

Article 26. Resolution.

Chapter II. Of the enablement to appear in trial and the appointment of judicial defender.

Article 27. Scope of application.

Article 28. Competence, legitimisation and application.

Article 29. Effects of the request.

Article 30. Appearance and resolution.

Article 31. Cessation of the judicial defender and of the habilitation to appear on trial.

Article 32. Accountability, excuse and removal of the judicial defender.

Chapter III. From adoption.

Article 33. Competence.

Article 34. Preferred character and bid.

Article 35. Proposal of the Public Entity and application of the adopter.

Article 36. Consent.

Article 37. Assent and hearing.

Article 38. Citations.

Article 39. Processing.

Article 40. Procedure for the exclusion of tutelary functions from adoption and extinction of adoption.

Article 41. International adoption.

Article 42. Simple or non-full adoption conversion in full.

Chapter IV. From the guardianship, the curatella and the guardian in fact.

Section 1. Common Disposition.

Article 43. Competence and application.

Section 2. Of guardianship and curatella.

Article 44. Scope of application.

Article 45. Processing, resolution and resource.

Article 46. Provision of bail, acceptance and possession of the charge.

Article 47. Inventory training.

Article 48. Remuneration of the charge.

Article 49. Removal.

Article 50. Excuse.

Article 51. Accountability.

Section 3. Of the save in fact.

Article 52. Requirement and control measures.

Chapter V. Of the judicial granting of emancipation and of the benefit of the majority of age.

Article 53. Competence, legitimisation and application.

Article 54. Request.

Article 55. Processing and resolution.

Chapter VI. Protection of the heritage of persons with disabilities.

Article 56. Scope of application.

Article 57. Competence, legitimisation and application.

Article 58. Application, processing and resolution of the file.

Chapter VII. From the right to honor, to the privacy and to the image of the child or person with a judicially modified capacity.

Article 59. Scope, competence, legitimacy and application.

Article 60. Processing and resolution.

Chapter VIII. Authorization or judicial approval for the conduct of acts of disposition, taxation or other acts relating to the property and rights of minors and persons with legal modified capacity.

Article 61. Scope of application.

Article 62. Competence, legitimisation and application.

Article 63. Request.

Article 64. Processing.

Article 65. Resolution.

Article 66. Destination of the quantity obtained.

Chapter IX. From the declaration of absence and death.

Article 67. Scope of application.

Article 68. Competence, legitimisation and application.

Article 69. Judicial defender in case of disappearance.

Article 70. Declaration of absence.

Article 71. Resolution and appointment of the absent representative.

Article 72. Provisional measures.

Article 73. Asset inventory practice.

Article 74. Declaration of death.

Article 75. Facts after the declaration of absence or death.

Article 76. Record of the death of the missing person.

Article 77. Communication to the Civil Registry.

Chapter X. From the extraction of organs from living donors.

Article 78. Scope of application and competence.

Article 79. Application and processing of the file.

Article 80. Resolution.

Title III. Of the cases of voluntary family jurisdiction.

Chapter I. Of the marriage impairment waiver.

Article 81. Competence, legitimisation and application.

Article 82. Request.

Article 83. Processing and resolution.

Article 84. Testimony.

Chapter II. Of the judicial intervention in relation to the parental authority.

Section 1. Common Disposition.

Article 85. Processing.

Section 2. Of the judicial intervention in cases of disagreement in the exercise of parental authority.

Article 86. Scope, competence and legitimacy.

Section 3. of the protective measures relating to the improper exercise of the right to hold or to administer the goods of the child or person with a judicially modified capacity.

Article 87. Scope, competence and legitimacy.

Article 88. Resolution.

Article 89. Action in cases of guardianship.

Chapter III. From judicial intervention in cases of spousal disagreement and in the administration of ganancial goods.

Article 90. Scope, competence, application and processing.

Title IV. Of the cases of voluntary jurisdiction relating to the law of succession.

Chapter I. Of The Albacealty.

Article 91. Scope, competence, application and processing.

Chapter II. Of the dative counter-parties.

Article 92. Scope, competence, application and processing.

Chapter III. Of the acceptance and repudiation of the inheritance.

Article 93. Scope of application.

Article 94. Competence, legitimisation and application.

Article 95. Resolution.

Title V. Of the cases of voluntary jurisdiction relating to the law of obligations.

Chapter I. The setting of the deadline for compliance with obligations where applicable.

Article 96. Scope of application.

Article 97. Competence and application.

Chapter II. Of the consignment.

Article 98. Scope, competence and application.

Article 99. Processing.

Title VI. Of the cases of voluntary jurisdiction relating to the actual rights.

Chapter I. Of the judicial authorization to the user to claim expired credits that are part of the usufruct.

Article 100. Scope of application.

Article 101. Competence and application.

Article 102. Request.

Article 103. Processing and resolution.

Chapter II. From the record of unlint of non-registered farms.

Article 104. Scope of application.

Article 105. Competence, legitimisation and application.

Article 106. Request and fulfillment.

Article 107. Resolution.

Title VII. Of the voluntary auction files.

Article 108. Scope of application.

Article 109. Competence and application.

Article 110. Request.

Article 111. Processing.

Title VIII. Of the cases of voluntary jurisdiction in commercial matters.

Chapter I. Of the exhibition of books of people forced to keep accounting.

Article 112. Scope of application.

Article 113. Competence and application.

Article 114. Processing.

Article 115. How to perform the display.

Article 116. Periodic penalty payments.

Chapter II. From the call for general meetings.

Article 117. Scope of application.

Article 118. Competence, legitimisation and application.

Article 119. Processing.

Chapter III. The appointment and revocation of an entity's liquidator, auditor or financial controller.

Article 120. Scope of application.

Article 121. Competence, legitimisation and application.

Article 122. Processing.

Article 123. Resolution and acceptance of the charge.

Chapter IV. The reduction of social capital and the depreciation or disposal of the shares or shares.

Article 124. Scope, competence and application.

Chapter V. Of the judicial dissolution of companies.

Article 125. Scope of application.

Article 126. Competence, legitimisation and application.

Article 127. Processing.

Article 128. Resolution.

Chapter VI. From the convocation of the general assembly of obligationists.

Article 129. Scope of application.

Article 130. Competence, legitimisation and application.

Article 131. Processing.

Chapter VII. Theft, theft, loss or destruction of title or representation of partner parties.

Article 132. Scope of application.

Article 133. Competence, legitimisation and application.

Article 134. Denunciation of the fact in the case of securities admitted to trading on official secondary markets.

Article 135. Processing.

Chapter VIII. From the appointment of expert in insurance contracts.

Article 136. Scope of application.

Article 137. Competence, legitimisation and application.

Article 138. Processing.

Title IX. From the reconciliation.

Article 139. Provenance of the reconciliation.

Article 140. Competence.

Article 141. Request.

Article 142. Admission, signposting and citation.

Article 143. Effects of admission.

Article 144. Appearance of the conciliation act.

Article 145. Conclusion of the conciliation act.

Article 146. Testimony and expenses.

Article 147. Execution.

Article 148. Action for nullity.

Additional disposition first. References contained in the legislation.

Additional provision second. Legal regime applicable to the reception of minors.

Additional provision third. Registration in public records of foreign public documents.

Additional provision fourth. Notarial and registration fees.

Additional provision fifth. Modifications and regulatory developments.

Additional provision sixth. No increase in expenditure.

First transient disposition. Files on processing.

Second transient disposition. Inheritate inheritances in favor of public administration.

Transitional provision third. Voluntary auction files.

Transitional disposition fourth. Adoption and marriage files.

Transient disposition fifth. Marriages celebrated by religious, Jewish and Islamic religious confessions and for which they have obtained the recognition of notorious roots in Spain.

Single repeal provision. Repeal of rules.

Final disposition first. Modification of certain articles of the Civil Code.

Modified articles: 47, 48, 49, 51, 52, 53, 55, 56, 57, 58, 60, 62, 63, 65, 73, 81, 82, 83, 84, 87, 89, 90, 95, 97, 99, 100, 107, 156, 158, 167, 173, 176, 177, 181, 183, 184, 185, 186, 187, 194, 196, 198, 219, 249, 256, 259, 263, 264, 265, 299 bis, 300, 302, 314, 681, 689, 690, 691, 692, 693, 703, 704, 712, 713, 714, 718, 756, 834, 835, 843, 899, 905, 910, 945, 956, 957, 958, 1005, 1008, 1011, 1014, 1015, 1017, 1030, 1033, 1057, 1060, 1176, 1178, 1180, 1377, 1389, 1392 and 1442.

Final disposition second. Amendment of the Trade Code.

Modified item: 40.

Final disposition third. Amendment of certain articles of Law 1/2000, of Civil Procedure.

Modified items: 8, 395, 525, 608, 748, 749, 758, 769, 777, 778a, 778 ter, 778 quater, 782, 790, 791, 792, 802, and the 21st final Disposition.

Final disposition fourth. Amendment of Law 20/2011 of 21 July of the Civil Registry.

Modified articles: 58, 58a, 59, 60, 61, 67, 74, 78, final disposal second, final disposal fifth, final disposal fifth bis, final disposition tenth.

Final disposition fifth. Amendment of Law 24/1992, of 10 November, approving the Agreement on Cooperation of the State with the Federation of Evangelical Religious Entities of Spain.

Modified item: 7.

Final disposition sixth. Amendment of Law 25/1992, of 10 November, approving the Cooperation Agreement of the State with the Federation of Israeli Communities of Spain.

Modification of the title of the Law.

Modified items: 7 and additional provision fourth.

Final disposition seventh. Amendment of Law 26/1992 of 10 November, approving the State Cooperation Agreement with the Islamic Commission of Spain.

Modified item: 7.

Final disposition octave. Amendment of Law 33/2003 of 3 November of Heritage of Public Administrations.

Modified articles: 20, 20 bis, 20 ter, 20 quater, Additional 320th Disposition, Twenty-fourth Additional Disposition, and Second Final Disposition.

Final disposition ninth. Amendment of Law 50/1980, of 8 October, of Insurance Contract.

Modified item: 38.

Final disposition tenth. Amendment of Law 41/2003, of 18 November, of protection of the assets of persons with disabilities and modification of the Civil Code, of the Law of Civil Procedure and of the Tax Law for this purpose.

Modified article: 5.

Final disposition eleventh. Amendment of the Law of 28 May 1862, of the Notary.

Title VII. Intervention of the Notaries in special cases and records.

Modified articles: 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80.81, 82, 83 and additional disposition.

Final disposition twelfth. Modification of the Mortgage Act.

Article modified: 14 and new Title IVa. Of the Conciliation (Article 103a).

Final disposition thirteenth. Amendment of the Law of December 16, 1954, of Mortgage Mobiliaria and garment without displacement of the possession.

Modified items: 86, 87, 88, and 89.

Final disposition fourteenth. Amendment of the recast text of the Law of Capital Societies, approved by the Royal Legislative Decree 1/2010, of 2 July.

Modified items: 139, 141, 169, 170, 171, 265, 266, 377, 380, 381, 389, 422, and 492.

Final disposition fifteenth. Amendment of Law 211/1964 of 24 December on the regulation of the issuance of obligations by companies that have not adopted the form of Anonymous, Associations or other legal persons and the constitution of the Union of Obligationists.

Article 6.

Final disposition sixteenth. Amendment of the single transitional provision of Law 33/2006 of 30 October on the equality of men and women in the order of succession of nobiliary titles.

Modifies the single transient disposition.

Final disposition seventeenth. Amendment of the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007 of 16 November.

Modified items: 19, 141, and 163.

18th final disposition. Amendment of Law 10/2012 of 20 November, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

modifies Article 4 (1) (e).

Nineteenth final disposition. Gratuitousness of certain notarial and registry files.

Final disposition 20th. Competence title.

Final disposition twenty-first. Entry into force.

PREAMBLE

I

The incorporation into our legal system of a Law of Voluntary Jurisdiction is part of the general process of modernization of the positive system of protection of private law begun more than a decade ago. The final decision of Law 1/2000, of 7 January, of Civil Procedure, entrusted to the Government the referral to the General Courts of a draft Law of Voluntary Jurisdiction, a legal forecast linked to the construction of an advanced and homologable procedural system to the existing one in other countries.

With the Law of Voluntary Jurisdiction, there is greater systematic coherence and rationality in our legal system. Indeed, the central place of the Law on Civil Procedure in our system of justice, as a rule in charge of the complete ordination of the civil process and of giving full respect to the procedural system as a whole, is hardly compatible with the law. maintenance in their articles of some subjects that deserved a differentiated legal treatment, however much their knowledge corresponded to the civil courts.

Among these matters is, peacefully accepted, the voluntary jurisdiction. Its regulation within the Law of Civil Procedure, as has occurred in Spain since 1855, was the result of the collection of our historical law rather than the result of the application to the legal and procedural scope of certain conceptual categories. For this reason, we now opt, as in most of the nations of our environment, to separate the voluntary jurisdiction from the common procedural regulation, with the natural relations of specialty and subsidiarity being maintained among them. produce among standards within any complex legal system.

Its regulation in an independent law assumes, at the same time, the recognition of the conceptual autonomy of the voluntary jurisdiction within the set of legal and public activities legally attributed to the courts of justice.

II

The Law of Voluntary Jurisdiction is not justified only as one more element within a plan to rationalize our civil procedural order. Nor is it a mere channel of legislative approval with other nations. The Law of Voluntary Jurisdiction must also be highlighted as a singular contribution to the modernization of a sector of our law that has not been so carefully considered by the legislator or the authors as other areas of activity. judicial, but in which interests of great relevance are at stake within the personal and patrimonial sphere of the people.

This Act is, in other words, the answer to the need for a new legal, adequate, reasonable and realistic new management of voluntary jurisdiction. In the previous regulations it was not difficult to warn the time stamp, with defects of regulation and outdated norms or without adequate technical rigor. The partial reforms experienced at this time did not prevent the survival of less harmonious provisions with more modern organic and procedural institutions, which was an obstacle to achieving the effectiveness expected of all legal instrument which should serve as a means of intermediation between the citizen and the public authorities.

The Law of Voluntary Jurisdiction takes advantage of the experience of legal operators and the doctrine of the courts and authors to provide the citizen with effective and simple means to obtain certain legal effects in a prompt manner and with respect for all the rights and interests involved.

III

The interest of the citizen occupies a central place among the objectives of this Law. In the course of its articles, simple, effective and appropriate instruments are established for the social reality to which they apply, in the event that they require the intervention of the courts of justice through any of the acts of voluntary jurisdiction.

This only argument would justify the provenance of any legal reform affecting the Justice and its organs, as the activity of these, as any public work in which the existence or effectiveness of rights is at stake subjective, must be suitable to achieve the desired effect by means that do not generate dissatisfaction or frustration among the stakeholders. Hence the Law of Voluntary Jurisdiction provides citizens with a systematic, orderly and complete legal regulation of the various files contained therein, updating and simplifying the rules regarding their processing, trying to opt for the less expensive and faster flow, from the maximum respect of guarantees and legal certainty, and taking special care in the proper management of their acts and institutions.

in this way, it is a question of regulating the cases of voluntary jurisdiction in such a way that the citizen is protected with the degree of effectiveness demanded by an increasingly conscious society of his rights and more and more demanding with its public bodies. The previous objective is sometimes achieved with a mere updating of the actions that make up a particular dossier. In others, this objective is sought from the simplification, conjunction and harmonization of its precepts with others integrated into procedural or substantive rules. In particular, particular care is taken to adapt the regulation of the cases of voluntary jurisdiction to the principles, precepts and general rules contained in the Law on Civil Procedure, in order to avoid problems of interpretation and responding to some loopholes and loopholes.

This law has been developed at the same time as other reforms, affecting the same rules, such as the laws of modification of the system of protection to childhood and adolescence, which will give a new regulation, among other issues, to the reception and adoption of minors. This requires the coordination of the content of these laws.

The adaptation to the United Nations Convention on the Rights of Persons with Disabilities, made in New York on December 13, 2006, is also sought, which affects the new terminology, in which the employment of the terms of incapacity or incapacitation, and are replaced by reference to persons whose capacity is judicially modified.

IV

When operating as a channel for action and effectiveness of certain rights regulated in the Civil Code, in the Commercial Code and in the special legislation of private law, it is not difficult to deduce the adjective or auxiliary character. of the voluntary jurisdiction, albeit with substantial differences with respect to the jurisdiction, in its own sense.

The voluntary jurisdiction is linked to the existence of assumptions in which the establishment of limitations on the autonomy of the will in the field of private law is justified, which prevent obtaining a certain effect (i) the nature of the subject matter, the nature of the interest at stake or its impact on the status of the persons concerned or the parties concerned; Or also, with the impossibility of having the contest of individual wills precise to constitute or to give effect to a certain right.

The virtuality of such effects requires the action of the Judge, in the attention of the authority that the holder of the judicial authority deserves as definitive interpreter of the law, impartial, independent and essentially disinterested in the cases before it are elucidated. Circumstance that makes them especially fit for a task in which the sphere of the rights of the subjects is at stake.

However, it is constitutionally permissible for the law to entrust other public bodies, other than the courts, with the protection of the courts, by virtue of reasons of political opportunity or practical use. certain rights which up to the present moment were incardinated in the sphere of voluntary jurisdiction and which do not directly affect fundamental rights or involve the interests of minors or persons who must be especially protected, and thus has been done in this Law.

V

Precisely on the basis of the application experience of our system of voluntary jurisdiction, and from the weighting of the reality of our society and the different instruments in it existing for the action of rights, the debate on whether it would be appropriate to maintain in this area the exclusivity of the courts of justice-and, within them, of the jurisdiction-, or whether it would be preferable to entrust their knowledge to other bodies and public officials.

Seeking to give an appropriate answer to the above issues, the Law of Voluntary Jurisdiction, in accordance with the experience of other countries, but also taking into account our specific needs, and in the search for optimisation of the available public resources, it chooses to attribute the knowledge of a significant number of the issues traditionally included under the heading of the voluntary jurisdiction to legal operators not vested with power jurisdiction, such as judicial secretaries, notaries and registrars of the property and Mercantiles, sharing with general character the competence for their knowledge. These professionals, who join the condition of jurists and public faith holders, have the capacity to act, with full effectiveness and without any guarantees, in some of the acts of voluntary jurisdiction that have so far been entrusted to the Judges. While the maximum guarantee of the rights of the citizenry is given by the intervention of a judge, the dejudicialization of certain cases of voluntary jurisdiction without jurisdictional content, in which the elements of the administrative nature, does not put at risk compliance with the essential guarantees of protection of the rights and interests concerned.

The legal solution given is in line with the postulates of our Magna Carta and, in addition, timely attention to different factors. The prestige acquired over the years by these bodies of civil servants is an element which helps to dispel any questions about their ability to intervene in the administrative protection of certain private rights, as main protagonists who are of our system of public faith and guarantors of legal certainty, without forgetting the fact that many of the acts of voluntary jurisdiction are intended to obtain certainty about the state or way of being certain businesses, situations or legal relationships which such professionals are in unbeatable condition to properly appreciate them.

Together with the above, the consideration of the personal organizational resources and material resources currently put at their disposal, as well as the high degree of modernization and specialization that the Public administration, professionalized and governed by the principles of objectivity, effectiveness and interdiction of arbitrariness, and subject to the law and the law by constitutional mandate, also justify the bet on the dejudicialization of certain matters which up to now were attributed to Judges and Magistrates. The latter points to the fact that today some of the reasons which historically justified the attribution of the voluntary jurisdiction, on a sole basis, to the Judges have been lost; for, together with them, the advanced societies have at present with other viable options for the effectiveness of private rights, where public organ intervention or mediation is required.

VI

The separation of certain matters from the jurisdiction of the Judges and the Magistrates can only be expected, therefore, benefits for all the subjects involved in the voluntary jurisdiction: for the citizen, to the extent that this should result, when it requires the action of the State for the performance of a given right, a greater effectiveness of its rights without loss of guarantees; for Judicial Secretaries, Notaries and Registrar of the Property and Mercantiles, because of the new dimension given to them as public servants, consistent with their real technical qualification and the relevant role they play in legal traffic; and, ultimately, for Judges and Magistrates, who can focus their efforts on the fulfilment of the essential mission that the Constitution entrusts them, such as exclusive rights holders and ultimate guarantors of the rights of persons.

The distribution of the cases among these professionals has been carried out according to criteria of rationality, seeking from the first moment the maximum consensus with the collectives involved, with a will to stay in time, adapting to the current social reality, fully guaranteeing in the realization of the rights and interests of the affected, in order to give answer, also in this plot of the order, to the challenge of a more modern and effective Justice.

The objective outlined in the initial plan was to assign each matter to that legal operator to whom, because of its material closeness or to guarantee a more prompt response to the citizen, it was advisable to take charge of its knowledge; or to the person to whom, by virtue of the nature of the interest or right at stake, he or she is constitutionally required to deal with the processing of such matter.

However, it has finally been decided, in general, by the alternation between different professionals in certain specific subjects that are degassed from the orbit of the Judicial Authority. Shared competences are established between judicial secretaries, notaries or registrars, which is possible in the light of the fact that they are public officials and the functions they perform: the judicial and notary secretaries are the holders of the faith. judicial or extrajudicial, and the Registrar has a direct and specialized knowledge in the field of the right of property and in the commercial, in particular in societies.

The ability of citizens to go to different professionals in matters that were traditionally reserved for the judicial field can only be interpreted as an extension of the means that this Law puts to their readiness to guarantee their rights. It is a guarantee for the citizen, who sees optimized the attention given to him, in being able to assess the different possibilities offered to him to choose the one that is more in line with his interests. No aspect of the citizens will be harmed given that it can go to the judicial secretary, making use of the means that the Administration of Justice makes available, or to the Notary or Registrar, in which case it will have to pay the duties corresponding.

The reform contemplates, with a criterion of prudence given the origin of these files from the judicial field, certain limits to the principle of free choice of the Notary by the applicant, by establishing criteria of jurisdiction territory which have a reasonable connection with the personal or real elements of the file. However, progress is being made towards greater flexibility in the rules of competition than those currently in force in the field of justice.

VII

With regard to the files kept within the Administration of Justice, the criterion followed by the Law of Voluntary Jurisdiction is to give the impetus and the direction of the files to the Judicial secretaries, attributing to the judge or to the judicial secretary himself, as the case may be, the substantive decision that falls on those and the other resolutions that are expressly indicated by this law. The substantive decision is reserved for those files which affect the public interest or the civil state of the persons, who require a specific activity of protection of substantive rules, which may stop acts of disposition or the recognition, creation or extinction of subjective rights or when the rights of minors or persons with legal modified capacity are at stake, in the new terminology to which reference has already been made. In this way, the Judge is in charge of deciding, as a general rule, the files of voluntary jurisdiction in the matter of persons and family, and also of the cases in commercial matters and law of obligations and succession that do not Judicial, Notary or Registrar Secretaries are entrusted.

VIII

The judicial secretaries assume, as has been pointed out, a role according to the procedural functions attributed to them after the entry into force of Law 13/2009 of 3 November, of reform of the procedural law for the implementation of the new Judicial Office. In this way, the forecast contained in article 456 of the Organic Law of the Judiciary, which grants the judicial secretary in matters of voluntary jurisdiction when the procedural laws provide for it, materializes. response to the recommendation contained in various official documents (the 1986 Council of Europe Recommendation, the White Paper on Justice, drawn up within the General Council of the Judiciary in 1997, or the State Pact for the Reform of Justice, which was signed by the main parliamentary groups on 28 May 2001. This legal qualification, however, must be made compatible with the important functions that have the procedural direction of the civil proceedings and with the head of the judicial office that also corresponds to them. For this reason, it has been ensured that the allocation of powers to the judicial secretaries in matters of voluntary jurisdiction is not done at the expense of prejudicing the exercise of the other important missions that they are responsible for, taking into account care to take care of the decision of the files where the best and most effectively can serve the interests of the citizens.

First of all, the judicial secretary will be responsible for pushing the file of voluntary jurisdiction within his procedural technical management functions, as well as for issuing the necessary interlocutory resolutions. For the performance of this work they have the legal possibility, expressly provided for in article 438.3 and 5 of the Organic Law of the Judiciary, to use the common services of the judicial offices.

Likewise, the judicial secretary will be in charge of the decision of some cases in which it is intended to obtain the true record on the way of being of a certain right or legal situation, and whenever not implies recognition of subjective rights: these conditions are met by the appointment of a judicial defender or the declaration of absence and death-among the files on persons-.

The Notaries and the Property and Commercial Registrars are entrusted with the knowledge of those subjects where their degree of preparation and their technical expertise favor the effectiveness of the rights and the obtaining of the earliest answer for the citizen. Their participation as a responsible public body, in the case of the Notaries, takes place in the majority of the acts of a succession of character, such as the declaration of heirs abinterment or the warning and protocolization of the wills, but also making the offer of payment or admitting deposits and proceeding to the sale of the goods deposited.

As the Judicial and Notary Secretaries are the holders of judicial or extrajudicial public faith, they are credited, concurrently, with the processing and resolution of certain succession records, the entry of debts pecuniary and also voluntary auctions.

The concurrency is also produced in the mercantile field. The intervention of the Commercial Registrar, together with the judicial secretary, is justified by the material specialty of these files in which he assumes a relevant role.

Logically, in all cases where a concurrent competition is established between several legal operators, initiated or definitively resolved a performance by one of them will not be possible the initiation or continuation of another case with identical object to another.

However, to the extent that the present Law of the Voluntary Jurisdiction displaces and entrusts Notaries and Registrars of Property and Mercantile certain files in exclusivity, it is anticipated that the citizens who They must be able to obtain the right of free justice, in order to avoid situations of impossibility of exercising a right, which until now was free, due to lack of means.

IX

It is appropriate to take further consideration of the position of this Law within the system of protection of private law, as well as its internal structure. As part of this mentioned plan of rationalization and modernization of the legal system, the Law of Voluntary Jurisdiction operates as a general rule in its specific scope of regulation. This ensures the full system, as well as the existence of the applicable standard in any case, avoiding the production of loopholes.

The Law of Voluntary Jurisdiction contains the common rules for the processing of the files of this nature regulated by the laws, the knowledge of which is attributed to the Judge or the judicial secretary, thus giving coherence internal to its articles. This gives him a similar code of call to which he corresponded, "mutatis mutandis", to Law 1/2000 of 7 January, in relation to the so-called contentious jurisdiction. Reasonably also, those acts which, with the new regulation, fall outside the jurisdiction of the courts of justice are regulated outside of this Law, in other norms within the legal system to which new wording is given in its final provisions.

With regard to its general characteristic features, the Law of Voluntary Jurisdiction is part of the regulation of a series of common rules, relating to its scope, procedural budgets of the judicial body and the parties, and the processing of the file. These rules shape a general procedure of voluntary jurisdiction, of subsidiary application to each of the files in the not specifically established by each of the particular regulations.

Sometimes, in order to avoid duplication in the regulation of certain matters, the law refers to civil or commercial law when a certain file is regulated in it. This is a solution which is fully respectful of the reality of our legal system, since the organisation of some institutions of private law explicitly outlines the essential features of the procedure for obtaining concrete effect. The legal basis to which it refers. This solution is less disturbing than others, considering that the opposite-which would consist of moving all these rules from the substantive law to this law-would imply leaving numerous provisions of the Civil Code or other rules of law void. our legal order. Prudence, which must always preside over any legal reform, requires the maintenance of some of these rules at its current headquarters, without prejudice to the possibility that in the future legislative policy reasons may advise other possible solutions.

X

The distribution of acts of voluntary jurisdiction between different legal operators is also reflected in the structure of this Law. The criterion that follows is, for reasons of systematic legislation, to extract from its articulated the regulation of all those files whose processing is maintained outside the Administration of Justice, with the consequence that only shall regulate the acts of the jurisdiction of the Judge or the Registrar.

On the other hand, the files entrusted to Notaries and Registrar are regulated respectively in the notarial and mortgage legislation. To this end, the final provisions of this Law introduce the corresponding amendments of the Law of 28 May 1862, of the Notary, to incorporate the procedural processing of the files entrusted to them. The Recast Text of the Mortgage Law (approved by the Decree of 8 February 1946) is not amended in this Law, except as regards to Article 14 in what is explained below, but by the rules of implementation of the report of the Commission for the Reform of Public Administrations, approved by the Council of Ministers of 21 June 2013, taking into account, in this case, the relevance of the unpostponed coordination between the Catastro and the Registry and the establishment of the regulation of a two-way communication system between the two institutions.

Made this precision, it should be noted that the precepts of the Law of Voluntary Jurisdiction are integrated into titles and these in turn into chapters and, occasionally, into sections.

In its Preliminary Title, under the heading "General provisions", rules on its scope, objective competence, legitimisation and application, intervention of the Prosecutor's Office, and the general criterion on test practice, among other relevant forecasts. The Law defines its scope on a purely formal basis, without doctrinal, understanding that only the precepts that make it up to the files of voluntary jurisdiction that, being legally foreseen, will require the intervention of a court in the field of civil and commercial law, without any dispute arising in a contentious process, which makes it easier to determine that area. The objective competence is generally attributed to the Courts of First Instance or the Mercantile, where appropriate, but the designation of the subject to whom the decision corresponds within the organ is determined in the specific rules of each file.

Regarding the application and defense, the Law does not establish a general criterion, leaving the mandatory character of the intervention of Advocate and Procurator to each specific case. It also stresses the incorporation of a general rule governing the effects of the pendency of a file of voluntary jurisdiction, in accordance with which the simultaneous or successive processing of two or more files with the same is prevented. object giving preference to the first one that was started. At the same time, the decision of the file is refused to prevent any subsequent jurisdictional proceedings against the same subject matter and, in an equivalent way, to establish the pendency of a file of jurisdiction voluntary on the same object about which there is an application, the file of the case will be made.

As to its economic effects, the costs incurred by a file of voluntary jurisdiction shall be of the applicant's account, unless otherwise provided by law. It is reasonable to dismiss the translation of the general objective criterion or the expiration of the civil procedure in this field, since, due to the nature of these requests, the existence of victors or vanquished in the event cannot be understood. file.

The two Chapters that make up Title I regulate, respectively, the rules of private international law of the Law (in which the general criterion of international competence is established to know of the files, the Reference to the conflict rules of private international law, as well as specific rules for the recognition and effectiveness in Spain of acts of voluntary jurisdiction agreed by foreign authorities), and procedural rules general, applicable to all the files of this Law in the absence of its rules specific. With regard to this second, the file is regulated by adopting a dynamic point of view, from its initiation to its decision, including rules on the accumulation of files, procedural treatment of competition, admission of the application and the situation of the persons concerned, the holding of the oral appearance, the decision of the file and the system of resources, the latter in which the Law refers to the general established by the Law of Civil Procedure. It is important to point out that, unless the Law expressly provides for it, the formulation of opposition by any of the interested parties will not make the case contentious, nor will it prevent its processing to continue until it is resolved. The Law establishes that the opposition to the removal of the guardianship or the adoption makes the procedure contentious.

Title II regulates the files of voluntary jurisdiction in the field of persons: in particular, the order to obtain the judicial authorization of the recognition of non-marital affiliation, the one of habilitation to appear in judgment and the appointment of the judicial defender-these two are attributed to the judicial secretary-, as well as the adoption and the questions relating to the protection, the curatelle and the de facto guardian. This title also includes the cases of judicial granting of the emancipation and of the benefit of the majority of age, the adoption of measures to protect the assets of persons with disabilities or the obtaining of judicial approval of the consent to legitimate interference in the right to honor, privacy, or the image of minors or persons with a judicially modified capacity. The same Title also regulates the obtaining of authorization or judicial approval to carry out acts of disposition, liens or other acts concerning the property or rights of minors or persons with a judicially modified capacity, and, finally, the procedure for establishing the consent of the free and conscious consent of the donor and other requirements for the removal and transplantation of organs from a living donor, in accordance with the legislation internal and international applicable. The reception of minors is regulated separately in anticipation of future dejudicialization of the procedure.

The current legal system for the declaration of death has been amended, in order to provide for a collective and immediate file for all persons in respect of whom it is established that they were on board a ship or aircraft whose casualty has been verified, trying to give better solution to the problems and incidents that occur to the relatives of residents in Spain who in any place of the world are involved in a disaster of which the absolute certainty of his death can be made. The legitimization is granted only to the Fiscal Ministry, given the specialty of the case, and a different competition regime is established according to the disaster in Spain or abroad.

Title III contains the files of voluntary family jurisdiction and, within them, the waiver of the wrongful death impediment of the previous spouse, which up to now corresponded to the Minister of Justice, and the The Court of Justice has held that the Court of Justice has held that the Court of Justice has held that the Court of Justice has held that the Court of Justice has held that the Court of Justice has held a administration of the goods of the minor or person with a judicially modified capacity and also a file for cases of spousal disagreement and in the administration of ganancial goods. The marriage waiver has also been removed, raising it from 14 to 16 years, according to the proposal made by the Ministries of Justice and Health, Social Services and Equality.

Title IV regulates the cases of voluntary jurisdiction that are attributed to the courts in matters of succession law: on the one hand, those that are reserved for the judicial field, such as the accountability of the albacealty, the authorizations of acts of disposition to the executor or the authorization or approval of the acceptance or repudiation of the inheritance in the cases determined by the law; and moreover those that will be in charge of the judicial secretary with competence shared with the Notaries, such as the resignation or extension of the office of executor or accountant-party, the designation of this and the approval of the partition of the inheritance performed by the dative contador-party. From the other records of succession law, we take charge, as we have seen, the Notaries.

Title V provides for the files relating to the law of obligations, in particular for the setting of the deadline for the fulfilment of the obligations where appropriate, for which the Judge will know, and for the judicial entry into office of the Registrar.

Title VI refers to the cases of voluntary jurisdiction relating to the real rights, constituted by the judicial authorization to the user to claim expired credits that are part of the usufruct, and by the file for dislinde on farms that are not registered in the Land Registry that will be carried out by the judicial secretary.

Title VII includes the regulation of voluntary auctions, to be conducted by the Judicial Secretary electronically.

Title VIII incorporates the cases in commercial matters attributed to the Judges of the Mercantile: exhibition of books by the obligated to carry accounting and judicial dissolution of societies. Together with them, those who are attributed to the judicial secretaries, whose knowledge they will share with the Commercial Registrars, such as the convocation of the general meetings or the general assembly of the obligationists, the reduction of capital, amortisation or disposal of shares or shares or the appointment of a liquidator, auditor or financial controller. Also included are the records of theft, theft, loss or destruction of title or representation of partner parties and the appointment of expert in insurance contracts, whose competence is also attributed to the Notaries.

Finally, Title IX contains the legal regime of the act of reconciliation in a complete manner, moving and updating to this Law the so far established in the previous Law of Civil Procedure, without prejudice to the fact that, exercising their autonomy of the will, persons have the possibility to obtain agreements in those matters of their interest of character available, through other channels, by their own action or by the intervention of others intermediaries or legal operators, such as Notaries or Registrars.

XI

As colophon, together with the general repeal provision and the additional provisions on the modifications and regulatory developments required by this Law, the amendments are incorporated into final provisions Civil Code, the Code of Commerce, the Law of Civil Procedure, the Law of Civil Registry, the Law of Notaries, the Mortgage Law, the Law on the Mortgage and the Movable Mortgage without displacement of the possession, in addition to the necessary Amendment of the Law on the Heritage of Public Administrations, the Law of the Contract of Insurance, the Capital Companies Act, the Law on the Protection of Persons with Disabilities and the Law on the Protection of Certain Fees in the Field of the Administration of Justice and the National Institute of Toxicology and Sciences Forensics.

The modification of the Civil Code aims to adapt many of its precepts to the new provisions contained in this Law, while introducing modifications that affect the determination of the the requirements for marriage and its conclusion, as well as for the regulation of the separation or divorce by mutual agreement of spouses without minor children outside the judicial field, attributing to the judicial and notary the functions which up to now were the case for the judge and which also entail a reform of Law 20/2011,  July 21, of the Civil Registry, the Law of Civil Procedure and the Law of Notary.

It is also introduced, as it is necessary to adapt to the new social reality and legislative development in the criminal field, a new regulation of the causes of indignity to inherit, as well as to be a witness in the granting of wills.

Very important is also the new regulation that of the record or file prior to the celebration of the marriage collects the Civil Code, entrusting its fulfillment to the judicial secretary, Notary, to the Chargé of the Civil Registry or to the Consul or diplomatic or consular officer charged with the Civil Registry abroad, while the celebration of the same may take place before the judicial secretary, Notary, diplomatic or consular officer, Judge of Peace and Mayor or councillor in which the delegation is delegated. All this is also part of the process of diversification of the personal elements to which the authorization of certain acts is carried out, which allows the concentration of the Administration of Justice to the fundamental work that the Constitution credits them with judging and executing the court.

The changes in marriage also entail adjustments that are made in Law 24/1992, of 10 November, for which the State Cooperation Agreement with the Federation of Evangelical Religious Entities is approved. of Spain, Law 25/1992 of 10 November, approving the Cooperation Agreement of the State with the Federation of Israeli Communities of Spain and Law 26/1992 of 10 November, approving the Cooperation Agreement of the State with the Islamic Commission of Spain. In addition, in relation to Law 25/1992, of 10 November, the request addressed by this Federation is addressed so that its name becomes the Federation of Jewish Communities of Spain.

Likewise, and in consideration of the religious pluralism existing in Spanish society, and considering that today they have been recognized with the declaration of notorious rootedness, it is contemplated in the Civil Code to these collectives the right to celebrate religious marriage with civil effects, equating to the rest of the confessions that already enjoyed this reality.

In the Notarized Law, the reforms resulting from the new privileges granted to the Notary are foreseen, with the provision of highlighting the forecast to make a notarized claim for money debts that are not contradicted and that allow for a voluntary payment card or the training by means of a file, an out-of-court executive title to which the debtor may object, in court, not only the payment but all the causes established in Article 557 of the Law of Procedure Civil. It is not an order for payment procedure or a small amount, but follows the technique of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April establishing a European Enforcement Order for uncontested claims, (a) excluding complaints involving a consumer or a user of services, or those arising from the Law on the Horizontal Property, for the specialties that are present in them, as well as the materials that are unavailable by reason of their subject matter. It is considered that this new route for the claim of already expired and unpaid liquid quantities can significantly contribute to an important decrease in the volume of cases that it enters annually in the Courts, as it is a alternative to the claim of the debts in court.

The reforms of the Civil Code and the Law of the Notarship arising from the modifications that in the matter of successions and, in particular, that which refers to succession titles, have also led to modify the Law of the Heritage of the Public Administrations. In this case, in order to recognize the Public Administration as the right to declare an heir to the case, in favor of the General Administration of the State, the Autonomous Communities or other bodies, a matter that is also disjudicially, The traditional distribution in three parts of the hereditary and establishing that one of them will be entered in the public treasury and the other two for social assistance. This also justifies the reform of Article 14 of the Mortgage Law to recognize as title of the hereditary succession, for the purposes of the Register, together with the will and the succession contract, the act of notoriety for the declaration of heirs (a) the administrative declaration of the heir to the State or the Autonomous Communities and the European Certificate of Succession.

XII

The amendment of the Law on Civil Procedure also serves to update the procedure for the return of minors in cases of international abduction, in order to ensure better protection for minors and their children. rights. This reform revises the legislative option of maintaining this matter within the field of voluntary jurisdiction and outside the scope of the family litigation processes, since these are processes that have little to do with the rules on voluntary jurisdiction. This is why its regulation is now being addressed as a special process with its own substance, following the marriage and minor processes in the Civil Procedure Law. The reform also modernises this procedure, in which substantial improvements are made, including precautionary measures and direct communications between judicial authorities.

A greater concentration of jurisdiction is sought in this reform, attributing jurisdiction to the Court of First Instance with powers in Family Law of the capital of the province in whose constituency the less than has been the subject of an unlawful transfer or retention and, if not, to which it is the appropriate allocation. This is in favour of specialisation to solve the problems that arise in relation to these cases and, consequently, the quality and effectiveness of the judicial response.

XIII

Finally, in relation to the current system of succession in the nobiliary titles, paragraph 3 of the single transitional provision of Law 33/2006 of 30 October on the equality of men and women in the order of succession of the nobiliary titles. This provision provides for a transitional period in which the provisions of such a rule are applied retroactively in relation to those administrative or judicial files which are pending before the Court of Justice. the date of entry into force of the law. In order to strengthen the principle of legal certainty, without altering the initial intention of the legislator, and in line with the provisions of paragraphs 1 and 4 of the single transitional provision, it is necessary to amend the wording of the paragraph 3 to clarify that the retroactive effect of the law refers only to the files which were pending for resolution as of 27 July 2005, as well as to those which are promoted after that date but, in any case, before 20 of the November 2006, the date on which the law entered into force in accordance with the second final provision.

The approval and validity of the Law of Voluntary Jurisdiction must have the necessary consequence of the almost definitive repeal of the Law of Civil Procedure of 1881, which has been maintained all these years in force in the on the voluntary jurisdiction and the acts of conciliation.

PRELIMINARY TITLE

General provisions

Article 1. Object and scope of application.

1. The purpose of this Law is to regulate the cases of voluntary jurisdiction that are dealt with before the courts.

2. Files of voluntary jurisdiction are considered for the purposes of this Law all those requiring the intervention of a court for the protection of rights and interests in matters of civil and commercial law, without any controversy to be substantiated in a contentious process.

Article 2. Competition in matters of voluntary jurisdiction.

1. The Court of First Instance or the Commercial Court, as the case may be, shall have objective jurisdiction to hear and to resolve the cases of voluntary jurisdiction.

2. In cases of voluntary jurisdiction, territorial jurisdiction shall be set by the relevant precept in each case, without being modified by express or tacit submission.

3. The impetus and direction of the files shall be the responsibility of the judicial secretaries, with the court or the judicial secretary, as the case may be, with the substantive decision to be taken on those and other resolutions expressly indicated in the case. by this Law.

Where the jurisdiction expressly does not apply to any of them, the Judge shall decide on files which affect the public interest, the civil status of persons, those who require the protection of substantive rules or may to stop acts of disposition, recognition, creation or extinction of subjective rights, as well as when they affect the rights of minors or persons with legal modified capacity. The other files will be resolved by the judicial secretary.

Article 3. Legitimization and nomination.

1. They may promote files of voluntary jurisdiction and intervene in them who are the holders of legitimate rights or interests or whose legitimation is legally conferred upon them on the subject matter which constitutes their object, without prejudice to the case in which the file may be initiated on its own initiative or at the request of the Prosecutor's Office.

2. Both the applicants and the interested parties must act as defendants and represented by the Attorney General in those cases in which this Law so provides. However, even if it is not required by law, the parties who so wish may be assisted or represented by Advocate and Procurator, respectively.

In any case, the action of Advocate and Procurator will be necessary for the presentation of the review and appeal resources that will be brought against the final resolution that is given in the file, as well as from the moment the opposition is formulated.

Article 4. Intervention by the Prosecutor's Office.

The Fiscal Ministry will intervene in cases of voluntary jurisdiction when they affect the civil status or condition of the person or is committed to the interest of a minor or a person with a judicially modified capacity, and in those other cases where the law expressly states so.

Article 5. Test.

The Judge or the Registrar, according to who is competent for the knowledge of the file, will decide on the admission of the means of proof that are proposed to him, being able to order proof of trade in the cases in which it exists a public interest, to affect minors or persons with a judicially modified capacity, considers it appropriate to clarify any relevant and decisive element of the question or expressly provide it with the law.

Article 6. Concurrent or later processing of files or processes.

1. When two or more files are processed simultaneously with the same object, the processing of which the file was first started will be continued and the file of the files subsequently opened will be agreed.

The legal regime referred to in this paragraph for cases of voluntary jurisdiction shall also apply to cases dealt with by Notaries and Registrars in matters in which the jurisdiction of the courts is concurrently attributed to that of the judicial secretary.

2. It will not be possible to initiate or continue the processing of a file of voluntary jurisdiction to be viewed on an object that is being substantiated in a judicial process. Once the filing of the corresponding claim has been certified, the file will be filed, referring to the actions taken to the court that is aware of the judicial process to incorporate it into the cars.

3. The suspension of the file will be agreed upon accrediting the existence of a contentious judicial process whose decision could affect it, and the incident must be dealt with in accordance with the provisions of Article 43 of the Law of Civil Prosecution.

Article 7. Expenses.

The costs incurred in the cases of voluntary jurisdiction shall be borne by the applicant, unless otherwise provided by law.

The expenses incurred by witnesses and experts shall be borne by the person who proposes them.

Article 8. A supplementary nature of the Civil Procedure Act.

The provisions of the Law on Civil Procedure shall be applicable to the files of voluntary jurisdiction in any case not governed by this Law.

TITLE I

Of the common rules on the processing of cases of voluntary jurisdiction

CHAPTER I

Rules of Private International Law

Article 9. International competition.

1. The Spanish judicial bodies shall be competent to hear the cases of voluntary jurisdiction raised in international cases where the international competition fora referred to in the Treaties and other rules are met. International in force for Spain.

In the cases not regulated by such treaties and other international norms, the competition will be determined by the concurrence of the international competition forums collected in the Organic Law of the Judiciary.

2. In the event that, under the rules of international jurisdiction, the Spanish courts were competent in relation to a file of voluntary jurisdiction, but it was not possible to establish the territorially competent authority with the criteria of this Law will be the same as the place where the acts of voluntary jurisdiction have to produce their main effects or that of their execution.

Article 10. Law applicable to cases of voluntary jurisdiction in international cases.

The Spanish judicial bodies shall apply to the files and acts of voluntary jurisdiction in respect of which they are competent, the law determined by the rules of the European Union or Spain under international law private.

Article 11. Enrollment in public records.

1. The foreign final decisions of voluntary jurisdiction emanating from a judicial body may be registered in the Spanish public registers:

a) Prior to the process of exequatur or incidental recognition in Spain. Until then they can only be subject to preventive annotation.

b) By the Enloaded of the corresponding record, provided that you verify the concurrency of the required requirements for this.

2. In the event that the decision is final, only its preventive entry shall be made.

3. The legal system referred to in this Article for decisions given by the foreign judicial bodies shall be applicable to judgments delivered by authorities not belonging to foreign judicial bodies in the field of voluntary jurisdiction, the jurisdiction of which, according to this Law, corresponds to the knowledge of judicial bodies.

Article 12. Effects on Spain of cases and acts of voluntary jurisdiction agreed by foreign authorities.

1. The acts of voluntary jurisdiction agreed by the foreign authorities that are firm will have effects in Spain and will access the Spanish public records prior to their recognition in accordance with the provisions of the legislation. in effect.

2. The Spanish judicial body or the Encharged of the competent public register shall also be responsible for granting, in an incidental manner, the recognition in Spain of the acts of voluntary jurisdiction agreed upon by the foreign authorities. No prior specific procedure will be required.

3. The recognition in Spain of acts of voluntary jurisdiction agreed by the foreign authorities shall only be refused in such cases:

(a) If the act had been agreed by a manifestly incompetent foreign authority. The foreign authority shall be deemed to be competent if the case has established links with the foreign State whose authorities have granted such an act. In any event, the foreign authorities shall be deemed to be manifestly incompetent when the case concerns a matter whose exclusive competence is for the Spanish judicial authorities or authorities.

b) If the act had been agreed with manifest infringement of the rights of defence of any of those involved.

(c) If the recognition of the act were manifestly contrary to the Spanish public order.

d) If the recognition of the act involves the violation of a fundamental right or public liberty of our legal order.

CHAPTER II

Fulfillment rules

Article 13. Application of the provisions of this Chapter.

The provisions of this Chapter shall apply to all cases of voluntary jurisdiction in which they do not object to the rules that specifically regulate the actions in question.

Article 14. Initiation of the case.

1. The files shall be initiated on their own initiative, at the request of the Prosecutor's Office or at the request made by a person entitled, in which the particulars and circumstances of identification of the applicant shall be entered, indicating a domicile for the purposes of notifications.

It will be stated clearly and precisely what is requested, as well as an exposition of the facts and legal bases on which it bases its claim. The documents and opinions which the applicant considers to be of interest to the file shall also be accompanied, where appropriate, and as many copies as those concerned.

2. The application shall state the particulars and circumstances of identification of persons who may be interested in the file, as well as the address or addresses in which they may be cited or any other information enabling the identification of same.

3. Where, by law, the intervention of a lawyer and a lawyer is not mandatory, the judicial office shall provide the person concerned with a standard form for the application, and in this case it is not necessary to specify the legal basis of the application. requested.

The application may be submitted by any means, including those provided for in the citizens ' electronic access regulations to the Administration of Justice.

Article 15. Backlog of files.

1. The Judge or the Registrar, who is competent to know the file, shall, on his own initiative or at the request of the person concerned or the Prosecutor's Office, agree to the accumulation of cases where the decision of one may affect another, or connection between them that could give rise to conflicting resolutions.

The backlog of files cannot be agreed upon when their resolution corresponds to different subjects.

2. The accumulation of cases of voluntary jurisdiction will be governed by the provisions of the Law on Civil Procedure on the accumulation of processes in verbal judgment, with the following specialties:

(a) If the backlog of files pending before the same court is dealt with, the cumulation will be requested in writing before the first appearance, the relevant allegations being made and deciding on the same.

(b) If the files are pending before a number of judicial bodies, the persons concerned must request in writing the cumulation before the body which is deemed competent at any time prior to the conclusion of the appearance. If the requested body does not comply with the cumulation, the discrepancy shall in any case be settled by the common higher court.

3. Cases of voluntary jurisdiction shall not be cumulative to any contentious judicial proceedings.

Article 16. Ex officio assessment of lack of competence and other defects or omissions.

1. The application for the initiation of the file shall be submitted by the Registrar of the Court of Trade if the rules on objective and territorial jurisdiction are met.

2. If the judicial secretary understands that there is no objective competence to know, he may agree to the file of the file, after hearing the Prosecutor's Office and the applicant, in those files that fall within his jurisdiction. In another case, it shall give the Judge, who shall agree as appropriate, after having heard the Prosecutor's Office and the applicant.

In the resolution in which the lack of competence is assessed, the judicial body which is competent to hear the case must be indicated.

3. If the judicial secretary understood that he has no territorial jurisdiction to hear the case, he may agree to the referral to the body which he considers competent, after hearing the Prosecutor's Office and the applicant, in those files which are of their competence. In another case, it will give the judge, who will agree, after hearing the Prosecutor's Office and the applicant.

4. The Registrar shall also examine the existence of any defects or omissions in the applications submitted and shall, where appropriate, give a period of five days in order to remedy them. If it does not take place within the prescribed period, it shall not submit the application and file the proceedings in those files which fall within its jurisdiction. In another case, the Judge shall be given an account, who shall agree as appropriate.

Article 17. Admission of the application and citation of the interested parties.

1. The Registrar shall decide on the application and, if it is understood that the application is not admissible, shall make a decree filing the file or shall give the Judge, where he is competent, to agree as to what is appropriate.

2. Upon admission of the application, the Registrar shall give an appearance to those who have to intervene in the file provided that one of the following circumstances is present:

(a) That, in accordance with the law, the interested parties other than the applicant should be heard.

b) That evidence should be conducted before the Judge or the Registrar.

c) That the Judge or the Secretary of the Court consider it necessary to hold the hearing for the best resolution of the case.

If only the Prosecutor's Office had to be heard and the test was not necessary, it will issue its written report within ten days.

3. The persons concerned shall be summoned to appear at least 15 days before their conclusion, with the warning that they must go to the court with the means of proof that they attempt to avail themselves. The summons will be practiced in the form prevented in the Law of Civil Procedure, with the delivery of the copy of the resolution, of the application and of the documents that accompany it.

If any of the interested parties were to file opposition, they must do so within 5 days of their summons, and the file will not be filed, nor will it prevent them from proceeding until it is resolved, except that the law expressly provides for this. The application shall be immediately transferred to the requesting party.

Article 18. Celebration of the appearance.

1. The hearing shall be held with the Judge or the Registrar himself, according to who has jurisdiction to hear the case, within 30 days of the application being accepted.

2. The appearance will be substantiated by the procedures provided for in the Law on Civil Procedure for the hearing of the verbal judgment with the following specialties:

1. If the applicant does not attend the hearing, the Judge or the Registrar, depending on who is the case in the case, will agree to the file of the file, giving him a withdrawal of the file. If one of the other persons is not present, the act shall be held and the file shall continue, without any further summons or notifications to which the law provides.

2. The Judge or the Secretary of the Court, according to whom the appearance of the hearing shall be held, shall hear the applicant, the other persons referred to and the persons provided by the law, and may agree, ex officio or at the request of the applicant or the Prosecutor's Office where appropriate, the hearing of those whose rights or interests may be affected by the decision of the file. It will ensure, through the necessary means and support, that people with disabilities are involved in terms that are accessible and understandable to them.

3. If procedural matters, including those relating to jurisdiction, are raised, which may prevent the validity of the file, the Judge or the Registrar, hearing the comparator, shall take them orally in the own act.

4. When the case concerns the interests of a minor or a person with a judicially modified capacity, they shall also be carried out in the same act or, if it is not possible, within the following 10 days, the proceedings relating to such interests to be agreed upon ex officio or at the request of the Prosecutor's Office.

The Judge or the Registrar may agree that the hearing of the minor or person with a modified capacity will be practiced in a separate act, without interference from other persons, and may be attended by the Prosecutor's Office. In any case, it will be ensured that they can be heard in suitable conditions, in terms that are accessible to them, understandable and adapted to their age, maturity and circumstances, gathering the help of specialists when this is necessary.

The results of the exploration will be extended in detail and, whenever possible, will be recorded in audiovisual media. If this occurs after the hearing, the minutes shall be transferred to the persons concerned so that they can make representations within five days.

5. In the celebration of the appearance, once the tests are carried out, the interested parties will be allowed to formulate their conclusions orally.

6. The development of the appearance shall be recorded in support for the recording and reproduction of the sound and the image, in accordance with the provisions of the Law on Civil Procedure.

Article 19. Decision of the file.

1. The file shall be settled by means of order or order, as the jurisdiction of the Judge or the Registrar shall correspond, within five days of the termination of the hearing or, if the hearing has not been held, since the last diligence.

2. Where the case concerns the interests of a minor or a person with a judicially modified capacity, the decision may be found in any facts which have been made known as a result of the arguments of the the evidence or the holding of the appearance, even if they were not invoked by the applicant or by other interested parties.

3. A case of voluntary jurisdiction has been resolved and once the decision is signed, no other case may be initiated on the same subject, unless the circumstances which gave rise to the case change. It shall be binding on any other action or subsequent file which is connected to that action.

This will also apply to cases handled by Notaries and Registrars in matters whose knowledge is concurrent with that of the judicial secretaries.

4. The decision of a file of voluntary jurisdiction shall not prevent the opening of a subsequent judicial process with the same object as the case, the decision being given on the confirmation, amendment or revocation of the agreed in the case of voluntary jurisdiction.

Article 20. Resources.

1. Against the interlocutory resolutions handed down in the cases of voluntary jurisdiction, it will be the right of replacement, in the terms provided for in the Law of Civil Procedure. If the contested decision has been agreed upon during the hearing, the appeal shall be processed and settled orally at the same time.

2. The final decisions given by the Judge in the case of voluntary jurisdiction may be appealed by any interested party who is considered to be harmed by it, in accordance with the provisions of the Law on Civil Procedure. If the decision comes from the Registrar, review appeal shall be brought before the competent Judge, in accordance with the terms of the Civil Procedure Act.

The appeal will not have suspensory effects, unless otherwise expressly provided by law.

Article 21. File expiration.

1. The file will be abandoned if, despite the initiative's own initiative, there is no activity promoted by the interested parties within six months of the last notification.

2. It will be up to the judicial secretary to declare the file's expiration.

3. Against the decree declaring the expiration only goat review facility.

Article 22. Compliance and enforcement of the resolution ending the dossier.

1. The enforcement of the final decision to terminate the case of voluntary jurisdiction shall be governed by the provisions of the Civil Procedure Act, and in particular Articles 521 and 522, and in any event the case may be immediately called upon. implementation of those acts that are necessary to make the decision more effective.

2. If any of the files referred to in this Law give rise to a fact or act in the Civil Registry, a testimony shall be issued of the decision corresponding to the effects of their registration or annotation.

If the resolution is an entry in the Register of Property, Mercantile or other public register, it shall be issued, at the request of a party, for the purposes of its registration. The referral shall be made by electronic means. The qualification of the Registrar shall be limited to the jurisdiction of the Judge or Registrar, to the congruence of the term of office with the file in which it was issued, to the extrinsic formalities of the judgment and to the obstacles arising from the Record.

TITLE II

From the files of voluntary jurisdiction in the matter of persons

CHAPTER I

From the authorization or judicial approval of recognition of non-marital affiliation

Article 23. Scope of application.

1. The provisions of this Chapter shall apply in all cases where, in accordance with the law, the recognition of non-marital affiliation requires authorization or judicial approval.

2. A request shall be made for a judicial authorization to grant recognition of the non-marital affiliation of the child or of the person with a judicially modified capacity for the person who is a brother or consanguine in a straight line of the parent whose parentage is legally determined.

3. Judicial approval shall be sought for the effectiveness of recognition of the non-marital affiliation of a minor or person with a judicially-granted modified capacity:

a) For whom you cannot marry for age reason.

b) By whom you do not have the express consent of your legal representative or the assistance of the curator of the recognized or legally known progenitor, provided that he has not been recognized in the will or within the time limit established to practice birth registration.

c) By the parent, when the recognition was made within the time limit established to practice the birth registration and when the birth was suspended at the mother's request.

4. Judicial approval will also be required for the validity of non-marital recognition by a person with judicially modified capacity.

Article 24. Competence, legitimisation and application.

1. The Court of First Instance of the registered office of the recognised or, if he did not have it on national territory, that of his residence in that territory shall be competent to know about this file. If the recognized person does not have his residence in Spain, it will be that of the domicile or residence of the parent author of the recognition.

2. This file may be promoted by the parent author of the recognition, by himself or by his legal representative, guardian or conservator, where appropriate.

3. The intervention of a lawyer or a solicitor shall not be required in the proceedings of this file.

Article 25. Processing.

Pending the application by the Secretary of the Court of Justice, this will provide the applicant and, as appropriate, the known progenitor, the legal representative or the curator of the recognized person and the person with sufficient maturity; and in any case if he is more than 12 years of age, as well as his descendants if he has died, and any persons deemed appropriate, as well as to the Prosecutor's Office.

Article 26. Resolution.

1. The Judge shall decide upon the recognition in question, taking into account the judgment of the parent, the veracity or authenticity of his act, the likelihood of the relationship of procreation, without the need for a full proof of the same, and the interest of the recognized person when he is a minor or a person with a judicially modified capacity.

2. In the case of the recognition of a minor or a person with a judicially modified capacity by whom the other parent is a brother or relative, the Judge shall only authorize the determination of the parentage when is in the interest of the child or of the person with a judicially modified capacity. The Judge shall invalidate that determination if a public document is presented in which the expression of the recognition in this respect is recorded, performed after full capacity has been achieved.

3. The testimony of that decision shall be forwarded to the competent Civil Registry for registration.

CHAPTER II

Enabling to appear on trial and the appointment of judicial defender

Article 27. Scope of application.

1. The provisions of this Chapter shall apply in cases where the appointment of a judicial advocate for minors or persons with a judicially modified capacity or to amend and, in any case, shall be requested shall apply to:

(a) Where in any case there is a conflict of interest between minors or persons with a judicial change and their legal representatives or their curator, except with the other parent or guardian, if there is a homeland Joint power or guardianship, no such conflict.

b) When for any cause, the guardian or the curator shall not perform his duties until the determining cause ceases or another person is appointed to perform the duties.

(c) When it is known that a person in respect of which the guardianship or conservatorship is to be constituted, requires the adoption of measures for the administration of his assets, until a judicial decision is taken to put an end to the procedure.

2. The provisions of this Chapter shall also apply in cases where the enabling and subsequent appointment of a judicial defender is appropriate. It shall be required when the child is not emancipated or the person with a judicially modified capacity, being sued or following great harm not to promote the claim, is in any of the following cases:

a) Halting the missing progenitors, guardian or curator ignoring their whereabouts, without there being a reasonable reason to believe their return.

b) Denial both parents, guardian or conservator to represent or assist in the trial of the child or person with legal modified capacity.

c) Halts parents, guardian or conservator in a situation of impossibility of fact for representation or assistance in judgment.

3. By way of derogation from the foregoing paragraph, a judicial defender shall be appointed to the child or person with a judicially modified capacity, without the need for prior authorisation, to litigate against his parents, guardian or conservator, or to urge cases of voluntary jurisdiction, when they are entitled to do so or to represent them when the Prosecutor's Office takes the procedure to modify their capacity judicially. The application shall not proceed if the other parent or guardian, if any, did not have an interest against the child or person with a judicially modified capacity.

Article 28. Competence, legitimisation and application.

1. The Registrar of the Court of First Instance of the domicile or, failing that, of the residence of the child or person with a judicial change or to modify or, where appropriate, the person concerned, shall be competent for the knowledge of this file. for the Court of First Instance which is aware of the case requiring the appointment of a judicial defender.

2. The file shall be initiated on its own initiative, at the request of the Prosecutor's Office, or on the initiative of the child or person with a judicial modified capacity or any other person acting in the interests of the latter.

3. The intervention of a lawyer or a solicitor shall not be required in the proceedings of this file.

Article 29. Effects of the request.

From the time of application of the authorization and until the judicial defender is accepted or filed by the file by firm resolution, the period of limitation or limitation periods affecting the court shall be suspended. the action for which the exercise is concerned.

In the event that the child or person with a modified capacity judicially or to modify is to appear as a defendant or has been left without a procedural representation during the procedure, the Prosecutor's Office will assume its responsibility. representation and defence until the appointment of a judicial defender occurs.

Article 30. Appearance and resolution.

1. The Registrar shall summon the applicant, the persons concerned who are such as such in the file, to whom he considers relevant, to the minor or person with a judicial change or to modify if they have sufficient maturity and, in any case, the child if he or she has more than 12 years and the Prosecutor's Office.

2. In the resolution in which the request is accessed, a judicial defender shall be appointed to whom the Secretary of the Court considers most appropriate for the position, with determination of the privileges conferred upon him.

3. The testimony of the decision on the appointment of a judicial defender in the case provided for in Article 27 (1) (c) shall be forwarded to the competent Civil Registry for registration.

Article 31. Cessation of the judicial defender and of the habilitation to appear on trial.

1. The judicial defender must inform the court of the disappearance of the cause of his appointment.

2. It shall also communicate to the court where any of the parents or representatives or conservators, where appropriate, are to appear on trial for the person concerned, or when the procedure for enabling them to be completed is terminated.

Article 32. Accountability, excuse and removal of the judicial defender.

The provisions laid down for the training of inventory, where appropriate, the excuse and removal of the guardians and for their accountability after their management, which shall be processed and processed, shall be applicable to the judicial defender. decide by the competent judicial secretary.

CHAPTER III

From Adoption

Article 33. Competence.

In the case of adoption, the Court of First Instance shall have jurisdiction in the seat of the Public Entity entrusted with the protection of the adoption and, failing that, that of the address of the adopter.

Article 34. Preferred character and bid.

1. The processing of the adoption file shall be of a preferential nature and shall be carried out with the intervention of the Prosecutor's Office.

2. The assistance of Advocate or Procurator shall not be required.

Article 35. Proposal of the Public Entity and application of the adopter.

1. The file shall begin with the written proposal for adoption by the Public Entity or by the adopter's application when it is entitled to do so.

2. In the proposal for adoption by the Public Entity, they will be expressed in particular:

(a) The personal, family and social conditions and the means of life of the adopter or adopters assigned and their relations with the adopting, in detail of the reasons justifying the choice of those or those.

(b) Where appropriate and where they are to give their assent or to be heard, the last known address of the spouse of the adopter or of the person to whom he is bound by the same relationship of affectivity to the spousal, or that of the parents, guardian, welcoming family or adopters of the adoption.

c) If both have formulated their assent to the Public Entity or in public document.

3. In cases where no prior proposal of the Public Entity is required, in accordance with Article 176 of the Civil Code, the offer for adoption of the adopter shall be submitted in writing, in which it shall express the particulars contained in the preceding paragraphs as soon as they are applicable, and the arguments and evidence leading to the evidence that in the course of the adoption, some of the circumstances required by such legislation are met.

4. With the proposal or offer for adoption, the documents referred to in the preceding paragraphs shall be submitted, the prior declaration of suitability of the adopter for the exercise of the parental authority issued by the Public Entity, if procedures, and how many reports or documents are deemed appropriate.

Article 36. Consent.

In the file, the judicial secretary will cite, to express his consent in the presence of the Judge, to the adopter or adopters and to the adoption if he is greater than 12 years.

Article 37. Assent and hearing.

1. The persons referred to in Article 177 (2) of the Civil Code shall also be required to provide the consent to the adoption of the decision.

Those who, if necessary their assent, would have been given prior to the initiation of the file before the corresponding Public Entity or in public document, unless they have passed more six months since they did.

2. If the parents intend to be recognised as having to give their assent to the adoption, they must be made clear in the file. The Registrar shall agree to the suspension of the file and give the period of 15 days for the filing of the application, which shall be known to the Court.

Filed the suit within the deadline, the judicial secretary will dictate decree declaring litigation the adoption file and will agree to continue its processing in accordance with the provisions of article 781 of the Law of Procedure Civil.

If the lawsuit is not filed within the deadline, the judicial secretary will dictate the decision to complete the procedure and lift the suspension of the adoption file. The decree will be used directly in review before the Court. If such a decision is signed, no subsequent complaint shall be admissible for the same subjects on the need for assent for the adoption in question.

3. The persons referred to in Article 177 (3) of the Civil Code shall also be summoned to be heard by the Judge in the file.

Article 38. Citations.

1. If, in the proposal for adoption or in the offer for adoption, the address of the persons to be mentioned is not established, the Registrar shall immediately take the necessary steps to ascertain the address in accordance with the provisions of the Article 156 of the Law on Civil Procedure and the law of the Court of Justice within the next 15 days, must guarantee the proper reservation. The summons to the parents shall include, where appropriate, the circumstances in which their hearing is sufficient.

2. The summons to be heard or to be heard will include the warning that if they were summoned personally and they did not appear, the procedure will be followed without further summons. If they did not respond to the first summons and the summons had not been issued in their person, they will be summoned again within the next fifteen days, with the warning that even if they do not appear the case will continue to be processed.

3. Where the address or whereabouts of any person to be mentioned has not been known, or if duly cited, with the appropriate warning, it shall be waived and the agreed adoption shall be valid without prejudice to the the case of the right to which the parents grant Article 180 (2) of the Civil Code.

Article 39. Processing.

1. The Judge may order the practice of any appropriate action to ensure that the adoption is in the interest of the adoption.

2. All actions shall be carried out with the appropriate reservation, in particular by preventing the family of origin from being aware of the adoption, except in the cases referred to in Article 178 (2) and (4) and without prejudice to the provisions of Article 178 (4). the provisions of Article 180 of the Civil Code.

3. If opposition is raised, the file shall be filed and the Registrar shall cite the persons concerned in a hearing, continuing the proceedings as provided for in the oral proceedings.

4. An appeal, which shall be of a preferential nature, shall be taken against the order of the order, without any suspensive effect.

5. The testimony of the final decision on which the adoption is agreed shall be forwarded to the corresponding Civil Registry for registration.

Article 40. Procedure for the exclusion of tutelary functions from adoption and extinction of adoption.

1. The judicial proceedings referred to in Articles 179 and 180 of the Civil Code shall be substantiated by the proceedings of the trial corresponding to the provisions of the Law on Civil Procedure and its resolutions shall be forwarded to the Civil registration for registration.

2. During the course of proceedings, the Judge shall, even ex officio, and after hearing the Prosecutor's Office, take appropriate protective measures concerning the person and property of the child or person with a modified capacity judicially.

3. If the adoptee is older, the extinction of adoption will require your express consent.

Article 41. International adoption.

In the cases of international adoption, the provisions of Article 9.5 of the Civil Code and Law 54/2007 of 28 December of International Adoption, as well as of the provisions of the Treaties and Conventions, will be included. (a) international agreements in which Spain is a party and, in particular, the Hague Convention of 29 May 1993 on the protection of the child and cooperation in the field of international adoption.

Article 42. Simple or non-full adoption conversion in full.

1. The adoption of a simple or non-full adoption by a competent foreign authority may prompt the Spanish Courts to convert them into a regulated adoption by Spanish law when one of the following cases is present:

(a) That the adopter has his habitual residence in Spain at the time of the adoption.

b) That the adoption has been or will be transferred to Spain in order to establish its habitual residence in Spain.

c) That the adopter has Spanish nationality or has his habitual residence in Spain.

2. The adopter must submit the application for full adoption, without specifying the prior proposal of the Public Entity, in which he shall express the particulars contained in Article 35 as soon as they are applicable. The application shall accompany the document of incorporation of the adoption by the foreign authority and the evidence leading to the evidence that the circumstances required are met in the adopted.

3. The application shall be followed by the formalities laid down in the preceding articles, as soon as they are applicable, and the Judge must examine the concurrence of the extremes listed in the Law of International Adoption.

4. In any event, they must express their consent to the Judge, the adopter or adopters and the adoptee if he is over twelve years. If you are under that age you will be heard according to your age and maturity.

The spouse of the adopter or the person to whom the latter is bound by the same relationship of affectivity to the spousal must be settled.

5. The testimony of the order declaring the conversion of the simple or non-full adoption in full shall be forwarded to the corresponding Civil Registry for registration.

CHAPTER IV

Of the guardianship, the curatelle and the fact-keeper

Section 1. Common Disposition

Article 43. Competence and application.

1. The Court of First Instance of the domicile or, failing that, the residence of the child or person with a judicially modified capacity shall be competent for the knowledge of this file.

2. The court or tribunal which has known a case concerning protection, curatella or de facto guardian shall be competent to hear all the incidents, formalities and adoption of subsequent measures, provided that the child or person with a modified capacity judicially residing in the same constituency. Otherwise, in order to know about any such incident, it will be necessary to request full testimony of the file to the Court that you have previously learned of it, which will forward it within ten days of the application.

3. In these cases, the intervention of a lawyer or an attorney shall not be required, except in respect of the removal of the guardian or curator in which the intervention of the lawyer is necessary.

Section 2. Of guardianship and curatella

Article 44. Scope of application.

The provisions of this Section for the constitution of guardianship and conservatorship shall apply, provided that such a constitution is not sought in a judicial process to modify the capacity of a person.

Article 45. Processing, resolution and resource.

1. The file shall be initiated by application in which the fact which results from the protection or curatelle must be expressed, accompanying the documents proving the legitimacy to promote the file and indicating the next of kin of the the person in respect of which the guardianship or curatelle and his or her addresses are to be established. The certificate of birth of the parent and, where appropriate, the certificate of the last wishes of the parents, the will or the notarial public document awarded by the parents in respect of the guardianship or curatelle of the parent shall also be accompanied by the certificate of birth of the parent. their minor children or the judicially modified capacity, or the notarial public document granted by the affected person in which he or she would have been prepared in anticipation of his or her own guardianship or curatelle.

2. The sponsor shall be heard at the hearing, to the person whose designation is proposed if it is different from the sponsor, to the person whose protection or curatelle is intended to constitute if he is more than 12 years of age or the child of that age who has sufficient maturity, to the next of kin, the Fiscal Ministry, and how many people are deemed appropriate.

Both the Judge and the Prosecutor's Office will act on their own initiative in the interest of the minor or person with a judicially modified capacity, adopting and proposing the measures, measures, expert reports and evidence they deem appropriate.

3. The Judge shall appoint a person or persons to be a guardian or conservator, in accordance with the provisions of the Civil Code.

4. In the resolution agreeing to the appointment of guardian or curator, the measures of supervision of the guardianship or conservatorship established by the parents in will or notarial public document, or by the affected one in the document will be adopted notarial public granted in this respect unless the interest of the person concerned is another.

In the absence of forecasts or when the provisions are not established in the interest of the person concerned, or at the request of the Prosecutor's Office or the applicant, in the decision establishing the guardianship or curatelle or other subsequently, the Judge may agree to the appropriate surveillance and control measures, in the interests of the guardianship or conservatorship, as well as to require the guardian or curator to report on the personal situation of the child or person with modified capacity judicially and the state of the administration of his assets. If it is adopted at a later date, the guardian or the curator shall be previously heard, the person concerned if he has sufficient maturity and, in any case, the child if he or she has more than 12 years and the Ministry of Public Health.

5. The Judge, in the judgment in which he is a guardianship or a curatelle or a later one, may require the guardian or the curator to set up a security to ensure that his or her obligations are fulfilled. In such cases, he shall determine the method and the amount of the security. of the same.

You may also subsequently, on your own initiative or at the request of an interested party, leave without effect or modify in whole or in part the bond that would have been granted, after hearing the guardian or curator, to the person concerned if you had sufficient maturity and, in any case, the child if he or she has more than 12 years and the Prosecutor's Office.

6. The resolution that is to be issued will be appealed on appeal without any suspensive effect.

During the substantiation of the appeal, the guardian or the curator-elect shall, where appropriate, be responsible for the care of the child or person with a judicially modified capacity and the administration of his or her flow, as appropriate, under the guarantees that They seem sufficient to the Judge.

Article 46. Provision of bail, acceptance and possession of the charge.

1. Once the decision establishing the guardianship or curatelle is signed, the designated person shall be summoned to appear within a period of 15 days in order to provide the bond established to guarantee the flow of the affected person, if any, and accept the charge or make an excuse.

2. On loan, if required, the Judge shall declare it sufficient and shall agree in the same resolution with the inscriptions, deposits, measures or proceedings which it considers appropriate for the effectiveness of the security and the preservation of the assets of the minor or person with judicially modified capacity.

3. In practice all the proceedings agreed, the appointee shall accept in minutes before the Registrar the obligation to fulfil the duties of his office according to the laws, and he shall agree to give possession of the charge, he shall confer the powers established in the court judgment that agreed to his appointment and will give him certification of this.

4. When the designated person is appointed to the office of the guardian or administrator of the goods, it shall require him to present the inventory of the goods concerned within the following 60 days. Until the inventory of goods is approved, where appropriate, the designated person shall be in charge of the care of the child or person with a judicially modified capacity and the administration of his or her flow, as appropriate, under the guarantees that appear to be sufficient to the Judge.

5. The Court of Justice which has agreed to the guardianship or curatelle shall bear witness to the corresponding Civil Registry of both the judgment given and the minutes of the possession of the charge, for the appropriate purposes.

Article 47. Inventory training.

1. The appointee to whom the caudal administrator has been appointed shall, within the time limit given, present the inventory of goods, which shall contain the relationship of the assets of the affected person, as well as the documents, documents and papers of importance which are find. The Registrar shall then fix the day and time for his training and shall cite the persons concerned, the persons concerned if they have sufficient maturity and, in any case, the child if he has more than 12 years of age and the Ministry of Public Health.

2. If a dispute arises as to the inclusion or exclusion of goods in the inventory, the Registrar shall cite the persons concerned in a hearing, continuing the proceedings as provided for in the oral proceedings, with their training suspended. until the same is resolved.

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

3. If there is no opposition or determination, the Registrar shall approve the inventory, and the designated person shall proceed to his administration in accordance with the terms laid down in the judgment.

Article 48. Remuneration of the charge.

1. If the guardian or conservator is required to pay remuneration and is not fixed in the decision which made his appointment, the Judge shall agree to it provided that the property of the tutored or assisted person so permits, the amount and the way in which it is received, taking into account the work to be carried out and the value and profitability of the goods, after hearing the applicant, the tutored or assisted person if he has sufficient maturity and, in any case, the minor if he is over 12 years of age, Tax Ministry and how many people consider it appropriate. Both the Judge and the parties or the Prosecutor's Office may propose the proceedings, expert reports and evidence they deem appropriate.

The order referred to in this article will be executed without prejudice to the appeal, which will not produce suspensive effects.

2. The same procedure shall be followed to amend or terminate such remuneration.

Article 49. Removal.

1. In the cases provided for by the Civil Code, of its own motion, at the request of the Prosecutor's Office, the tutelado, the subject to the curatela or another person concerned, the removal of the guardian or the curator may be agreed upon prior to the appearance of the the guardian or the curator shall also be heard, the person who is to replace him in the post and the person concerned if he has sufficient maturity and, in any case, the child if he has more than 12 years of age and the Prosecutor's Office.

If opposition is raised, the file will be filed and the judicial secretary will subpoena the interested parties to a hearing, continuing the procedure according to what is intended for the verbal judgment.

2. During the processing of the removal file, the Judge may suspend the guardian or conservator in his or her duties and the Registrar shall appoint the guardian or subject to a judicial defender.

3. The Judge shall agree on the matter, appointing a new guardian or curator in accordance with civil law, and shall forward the corresponding communication to the Civil Registry.

Article 50. Excuse.

1. If one of the reasons provided for by the Civil Code is present in order to be excused from the exercise of the tutelary office or the curatelle, the guardian or curator must submit it within a period of 15 days from the date of the appointment. If the reason for the excuse is over the course of the exercise, it may be invoked at any time, except for legal persons, provided that there is a person of similar conditions to replace him.

2. The excuse of the guardian or the curator may be accepted after a hearing, in which the person who is excused will necessarily be heard, to be replaced in the post and the person concerned if he has sufficient maturity and, in any case, to the less if you have more than 12 years and the Fiscal Ministry.

3. During the processing of the file, the person who has requested the waiver will be obliged to exercise the function and, if not, a defender will be appointed to replace him, with the replacement responsible for all the expenses caused by the excuse if is rejected.

4. The excuse shall be admitted to the appointment of a new guardian or curator, and the corresponding communication must be sent to the Civil Registry.

Article 51. Accountability.

1. Annually, from the acceptance of the charge, the guardian or curator must submit within twenty days of the deadline a report on the personal situation of the minor or person with a judicial modified capacity and a surrender of accounts of the administration of your assets, if applicable.

2. The Registrar shall, in the case of reports, provide the court with the right to appear before the Judge to the holder of the post, to the court or assisted person if he is sufficiently mature and, in any case, to the child if he has more than 12 years, to those who are interested and to the Prosecutor's Office, which may be proposed ex officio or at the request of a party of the proceedings and evidence deemed appropriate.

3. After that, there is no opposition, the Judge will decide on annual reports and accountability.

4. These provisions shall apply in the cases of final surrender of accounts by the end of the guardianship or curatelle, and shall, where appropriate, be submitted within three months of the end of the charge, which may be extended for any period of time. necessary if there is a fair cause. In such cases, the new guardian or conservator and the heirs of the tutoring or assisted shall also be heard, if appropriate.

5. In any event, the judicial approval of the accounts presented shall not prevent the exercise of the actions which may reciprocally assist the guardian or conservator and the tutored or subject to curatel or his successors in title by reason of the guardianship or curatelle.

Section 3. Of the fact keeper

Article 52. Requirement and control measures.

1. At the request of the Prosecutor's Office, the guardian or any person having a legitimate interest, the Judge who is aware of the existence of a keeper may require him to report the situation of the person and property of the less, of the person with a judicially modified capacity or of the person who would be, and of his/her performance in relation to them.

2. The Judge may lay down the control and surveillance measures which he considers appropriate, without prejudice to the promotion of a case for the establishment of a guardianship or a conservatorship. Such measures shall be taken, upon appearance, by quoting the person to whom the keeper is in fact affected, the keeper and the Prosecutor's Office.

CHAPTER V

From the Judicial Concession of Emancipation and the Benefit of the Majority of Age

Article 53. Competence, legitimisation and application.

1. The Judge of First Instance of the domicile of the child shall be competent to know of the application for emancipation which has been subject to parental authority for the maximum of 16 years, because he is in one of the cases provided for in Article 320 of the Code. Civil; in particular:

(a) When the person who exercises the fatherland is entitled to marriage or marital life with a person other than the other parent.

b) When the parents live apart.

c) When any cause that seriously hampers the exercise of the parental authority is present.

2. The Judge of First Instance of the domicile of the child shall be competent to hear the application for the benefit of a majority of the age of 16 years of age, subject to protection, in accordance with the provisions of Article 321 of the Civil Code.

3. In the practice of such actions, the intervention of a lawyer or an attorney shall not be required unless the opposition is made, in which case the assistance of a lawyer shall be required from that time.

Article 54. Request.

1. The file shall be initiated by application to the Court for the youngest of 16 years, with the assistance of any of its parents, not deprived or suspended of the parental authority, or of the guardian. In the absence of assistance, the child shall be appointed to the child to urge the file. The Prosecutor's Office will assume its representation and defense until the appointment of a judicial defender occurs.

2. The application shall be accompanied, where appropriate, by the documents certifying the concurrency of the cause required by the Civil Code to urge the emancipation or the benefit of the age of majority, as well as the proof proposal that it considers relevant.

Article 55. Processing and resolution.

1. The application shall be admissible by the Secretary of the Court of Justice, shall be called upon to appear before the Judge to the child, to his parents or, where appropriate, to his guardian, to the Prosecutor's Office, and to those who may be interested, who shall be heard by him. order. Subsequently, those tests that would have been proposed and agreed will be practiced.

2. The Judge, taking into account the justification offered and valuing the interest of the minor, shall decide to grant or refuse the emancipation or the benefit of the age of majority requested.

3. The testimony of the granting of the emancipation or of the age benefit shall be referred to the Civil Registry for registration.

CHAPTER VI

Protecting the heritage of people with disabilities

Article 56. Scope of application.

1. The rules of this Chapter shall apply to files which have as their object any of the legal proceedings provided for in Chapter I of Law 41/2003 of 18 November on the protection of the property of persons with disabilities and, in concrete, for:

(a) The constitution of the protected heritage of persons with disabilities or the approval of contributions to it when their parents, guardian or conservator unjustifiably refuse to give consent or consent to this.

(b) The appointment of your administrator when it cannot be done under the title of the constitution.

(c) The establishment of exemptions from the requirement to obtain by the administrator of the authorization or judicial approval for the performance of acts of disposition, lien or other, which relate to the goods and rights members of the protected heritage of persons with disabilities.

d) The replacement of the administrator, the change of management rules, the establishment of special control measures, the adoption of channels, the extinction of the protected patrimony or any other measure of similar nature as is necessary after the establishment of the protected heritage.

Article 57. Competence, legitimisation and application.

1. The Court of First Instance of the domicile or, failing that, the residence of the disabled person shall be competent for the knowledge of this file.

2. In order to promote the files regulated in this Chapter, only the Prosecutor's Office is legitimized, who will act on its own initiative or at the request of any person, and must be heard in all the legal proceedings relating to the property protected.

3. The persons concerned shall not require a lawyer or an attorney to intervene in the file.

Article 58. Application, processing and resolution of the file.

1. The file shall be initiated by application in writing from the Ministry of Public Prosecutor's Office in which the data and circumstances of identification of the person with disabilities, their representatives or their curator, as appropriate and the others, are entered. interested in the case, as well as the domicile or addresses in which they may be cited, and the facts and other allegations that they make.

2. Its processing will be in accordance with the general rules of procedure provided for in this Law.

3. The Judge will dictate the resolution in the interest of the person with disabilities.

If the resolution establishes the constitution of the protected patrimony of a person with a disability, it must contain at least the inventory of the goods and rights that initially constitute it; the rules of its administration and, where appropriate, audit, as well as the procedures for the appointment of persons who have to integrate the administrative bodies or, where appropriate, audit bodies.

4. The decision shall be subject to appeal with suspensory effect, except where the administrator of the protected estate is appointed as not being able to designate in accordance with the rules laid down in the public document or the judicial decision of constitution.

5. If the judgment given by the Judge is the constitution of a protected patrimony and the designated administrator is not the beneficiary himself, the latter must be communicated to the Civil Registry for registration, as well as the other circumstances relating to the protected heritage and the designation and modification of managers of that heritage.

You must also give evidence of the decision to the party for registration in the respective registers when the assets that integrate the protected patrimony have the character of registrables for registration or annotation, or to the managers of collective investment institutions or commercial companies, if they are shares or shares of such undertakings.

CHAPTER VII

From the right to honor, to privacy, and to the image of the child or person with a judicially modified capacity

Article 59. Scope, competence, legitimacy and application.

1. The provisions of this Chapter shall apply for the obtaining of judicial authorization of the consent to the legitimate interference in the field of protection defined by Article 3 of the Organic Law 1/1982 of 5 May of protection civil rights to honor, personal and family privacy and the image itself, when the Prosecutor's Office would have opposed the consent granted by the legal representative of a minor or person with a judicial modified capacity.

2. The Court of First Instance of the domicile or, failing that, the residence of the child or person with a judicially modified capacity shall be competent for the knowledge of this file.

3. In order to promote this file, the legal representative of the minor or person with a judicial modified capacity is legitimized, without requiring the intervention of Attorney or Procurator.

Article 60. Processing and resolution.

1. The file shall be initiated by application to be accompanied by the consent project, the document stating the notification of the opposition of the Prosecutor's Office and those certifying its legal representation.

2. Once the request has been accepted by the judicial secretary, this will indicate the day and time for the appearance, which will be cited to the Prosecutor's Office, to the legal representative of the minor or person with legal modified capacity and to the latter if the Judge creyera needed. The Judge may also, on his own initiative or at the request of the Prosecutor's Office, agree to the summons, if any, of other interested parties.

3. The Judge shall give judgment at the end of the hearing or, if the complexity of the case so warrant, within five days of the following, in the interest of the minor or the person with the judicially modified capacity.

4. An appeal for appeal, with suspensory effect, shall be decided against this decision, which shall be settled on a preferential basis.

5. If the legal representatives of the minor or the person with the modified capacity judicially want the consent granted judicially to be revoked, they will put it in the knowledge of the Judge, who will dictate resolution leaving it without effect.

CHAPTER VIII

Of the authorization or judicial approval for the conduct of acts of disposition, liens or other acts relating to the property and rights of minors and persons with legal modified capacity

Article 61. Scope of application.

The provisions of this Chapter shall apply in all cases in which, in accordance with the Civil Code or Law 41/2003, of 18 November, the protection of the property of persons with disabilities, the legal representative of the minor or a person with a judicial modified capacity or the administrator of a protected estate requires authorisation or judicial approval for the validity of acts of disposal, taxation or other acts relating to his assets or rights or to the assets protected, unless specific processing had been established.

Article 62. Competence, legitimisation and application.

1. The Court of First Instance of the domicile or, failing that, the residence of the child or person with a judicially modified capacity shall be competent for the knowledge of this file.

2. They may promote this file who have the legal representation of the minor or person with a judicial change to the purpose of carrying out the legal act in question, the curator or the judicial defender in his case, as well as the constituted in guardianship or conservatorship, if it had not been prohibited.

In the case of the administration of certain goods or rights, with specific powers on them, conferred by their transmission on a free basis in favour of the person who does not have the legal representation of a minor or a person with a judicially modified capacity, or where the protection of the person is exercised separately and that of the goods shall require the authorisation, if necessary, of the administrator appointed by the transferor or guardian of the goods.

If the act is in respect of the assets of the protected estate, the legitimized shall be its administrator.

3. The intervention of a lawyer or an attorney shall not be required provided that the value of the act for which the file is lodged does not exceed EUR 6 000, where action is necessary in another case.

Article 63. Request.

1. The application must express the reason for the act or business in question, and the need, utility or convenience of the act shall be reasoned; the right or right to which it relates shall be accurately identified; and, where appropriate, the purpose of the sum to be obtained must be applied.

With the request to be deducted, the necessary documents and antecedents shall be submitted in order to be able to make an accurate judgment of the business in question and, where appropriate, the partial operations of the estate or division of the common thing done.

2. In the case of an authorisation requested to transigir, the document in which the basis for the transaction has been formulated shall also be accompanied.

3. If the application is for the conduct of an act of provision, the request for authorisation to extend to the holding of direct sale may also be included in the application, without the need for an auction or intervention by a person or entity. specialised. In this case, the market price assessment shall be accompanied by an expert opinion on the market price of the good or the right concerned and the other conditions of the act of disposal to be carried out.

Article 64. Processing.

1. Admitted to the application by the judicial secretary, this will subpoena the Prosecutor's Office, as well as all the persons who, according to the different cases, demand the laws and, in any case, the affected person who has sufficient maturity and less than 12 years old.

2. Where the expert opinion is delivered before the hearing is held, the expert or experts who have issued the opinion shall be informed, if agreed, in order to respond to the questions raised by the interveners and the experts. Judge.

Article 65. Resolution.

1. The Judge, taking into account the justification offered and valuing his convenience to the interests of the minor or person with a judicially modified capacity, will resolve to grant or refuse the authorization or approval requested.

2. The authorization for the sale of goods or rights shall be granted on condition that an auction has been carried out in the course of an auction, unless the authorization for direct sale or per person has been requested. specialised entity, without the need for an auction and the Judge so authorizes.

Except for the case of shares, bonds or other securities admitted to trading on a secondary market, in which they shall be agreed to be in accordance with the laws governing these markets.

3. In the case of authorization requested to compromise, if granted by the Judge, it shall determine the issue of testimony to be delivered to the applicant for the appropriate use.

4. If any act of lien on property or rights belonging to the minor or person with a judicially modified capacity or the extinction of actual rights belonging to them is authorized, the same shall be ordered to follow. formalities established for sale, excluding the auction.

5. The resolution shall be subject to appeal with suspensive effect.

Article 66. Destination of the quantity obtained.

The Judge may take the necessary measures to ensure that the amount obtained by the act of disposal or charge, as well as by the conduct of the business or authorized contract is applied to the purpose in respect of which has granted the authorization.

CHAPTER IX

From the declaration of absence and death

Article 67. Scope of application.

The rules of this Chapter shall apply to the legal proceedings provided for in Title VIII of Book I of the Civil Code relating to the disappearance and the declaration of the absence and death of a person.

Article 68. Competence, legitimisation and application.

1. In the declaration of absence and death, the Court of First Instance shall have jurisdiction over the last address of the person whose declaration of absence or death is concerned, or, failing that, that of his last residence.

However, if the statement of death is dealt with in the cases referred to in Article 194 (2) and (3) of the Civil Code, the Court of First Instance shall have jurisdiction in respect of all the persons concerned. of the site of the disaster. If it has occurred outside the Spanish territory, it shall be competent, in respect of the Spanish and the persons resident in Spain, of the place where the journey began; and if it had been initiated abroad, that of the place concerned to the address or residence in Spain of the majority of those affected. Where the jurisdiction cannot be determined in accordance with the above criteria, the Court of First Instance shall have jurisdiction in the place of domicile or residence of any of them.

2. They are entitled to submit the application for the files for the declaration of absence and death of the Ministry of Public Prosecutor's Office, either on its own initiative or by virtue of a complaint, the spouse of the non-legally separated absentee, the person who is united by the same relationship of affectivity to the conjugal, the consanguineous relatives up to the fourth grade and any person who may have founded on the assets of the disappeared some right exercisable in life of the same or dependent of his death. However, the declaration of death referred to in Article 194 (2) and (3) of the Civil Code shall be made only at the request of the Ministry of Taxation.

3. In cases of disappearance or of legal absence, the initial application shall state the name, address and other location data of the nearest known relatives of the absent or missing person up to the fourth degree of consanguinity and the second affinity.

4. In the handling of these files, the intervention of Advocate or Procurator shall not be required.

Article 69. Judicial defender in case of disappearance.

1. In the case of the disappearance of a person, if requested by a legitimate party or by the Prosecutor's Office, in accordance with Article 181 of the Civil Code, the appointment of a human rights defender, accredited to the requirements laid down by that provision, shall be appointed by the Registrar of the Court of Justice to whom it is appropriate, after having been scheduled to appear within the maximum period of five days from the date of the submission of the application, to which the interested parties and the Prosecutor's Office shall be summoned and the witnesses shall be heard proposed by the applicant.

2. In case of urgency for the injury to be followed if the appointment is expected until the appearance of the hearing, the Registrar may immediately appoint an advocate to whom he or she is to be appointed by the applicant, as well as adopt urgent measures for the protection of the assets of the missing person, following the ordinary procedures of the file which, in this case, will be terminated by a resolution ratifying or revoking the appointment and the measures agreed upon. at startup.

Article 70. Declaration of absence.

1. The declaration of legal absence referred to in Articles 182 to 184 of the Civil Code, with the consequent appointment of representative of the absent, shall be requested by interested parties or by the Fiscal Ministry, providing the precise evidence that accredit the concurrency in the case of how many requirements the aforementioned Code requires for such a declaration.

2. The Registrar shall accept the application and shall indicate the day and time for the appearance, which shall take place within the maximum period of one month, to which he shall cite the applicant and the Prosecutor's Office, as well as the relatives indicated in the initial application and the who are in the file as an interested party, and order twice to publish the decision of admission by edicts, with an interval of at least eight days, in the form laid down in the Law on Civil Procedure, in the "Official Gazette of the State" and on the Board of the Town Hall of the place where the absent person has had his last address. The edict shall state that any person who may have an interest in the declaration of absence may intervene at the hearing.

3. In these cases, the Registrar may, acting on his own initiative or at the request of the person concerned, take action by the Prosecutor's Office, any measure of investigation and investigation he considers to be, as well as all the protection he deems useful to the missing or absent.

4. If, at the hearing, the practice of any probative means or useful action is proposed for the investigation of the whereabouts of the person concerned in the file, the Registrar may agree on his post-practice practice. appearance.

Article 71. Resolution and appointment of the absent representative.

1. If the evidence has been deemed necessary and the appearance is completed, the Registrar, if by the result of the test procedure, will dictate the decree of the legal declaration of absence, appoint the representative of the absent with the provisions of Article 184 of the Civil Code to which the person's inquiry shall be responsible for the person's absence, the protection and administration of his assets and the fulfilment of his obligations, and shall, as soon as appropriate, have the right to Code, depending on the case in question.

2. The provisions laid down in Chapters IV and VIII concerning the appointment of the guardians, the acceptance, the excuse and the removal of their duties shall be applicable to the representatives of the absent, as soon as they are adapted to their special representation. the provision of security and the fixing of its remuneration, as well as the obtaining of authorisations and approvals for the performance of certain acts relating to the goods and rights of the absent, and their accountability after their discharge, which shall be processed and decided by the Registrar.

Article 72. Provisional measures.

1. If, before the opening of the file for the declaration of legal absence, any of the measures provided for in the Civil Code for the cases of disappearance have been adopted, they shall remain until such a declaration is made, unless the Judicial Registrar, at the request of the person concerned or the Prosecutor's Office, considers it appropriate to amend them.

2. If they have not been adopted, the judicial secretary may agree to them on a provisional basis, pending the completion of the file of absence.

Article 73. Asset inventory practice.

Accepted the position by the representative, who will be given testimony of the resolution to serve as a supporting evidence, will proceed to carry out the inventory of movable property and description of the buildings to which the First of Article 185 of the Civil Code, which shall include the outstanding debts or obligations of the absent. It must be carried out in the same file, with the intervention of the Prosecutor's Office and all interested persons.

Article 74. Declaration of death.

1. The declaration of death referred to in Article 194 (2) of the Civil Code shall be issued by the Prosecutor's Office immediately after the accident. If this is the case covered by paragraph 3. of the same Article, it shall be done within eight days of the accident if the remains have not been identified.

Cover or practice the tests that have been deemed necessary to prove the concurrence of the requirements of the above mentioned paragraphs within the maximum period of five days, with the collaboration, if any, of the Appropriate diplomatic or consular offices, the appropriate resolution shall be delivered by the competent judicial secretary on the same day.

The decree issued by the judicial secretary will declare the death of how many people will be in such a situation, expressing as the date from which the death is understood, the one of the sinister one.

2. The death declaration referred to in Article 193 and Article 194 (1), (4) and (5) of the Civil Code may be instituted by the persons concerned or by the Ministry of Public Prosecutor's Office, and shall be dealt with in accordance with this Chapter.

The decree issued by the judicial secretary in these cases will declare, if it is proven, the cessation of the situation of legal absence, if it has been previously decreed, and the death of the person expressing the date to from which the death is understood.

3. Sign the declaration of death of the absent, the succession will be opened in the goods of the same, proceeding to its adjudication by the formalities established in the Law of Civil Procedure or extrajudicially, according to the cases.

Article 75. Facts after the declaration of absence or death.

1. If any person who says he is absent or deceased is present, the Registrar shall order that he be identified by the appropriate means which he may agree on ex officio or at the request of the person concerned, calling for the appearance of the person presented, the Ministry of the Prosecutor's Office and all those who have intervened in the declaration file shall be summoned.

Terminated the appearance, the judicial secretary will dictate decree within the next three days for which the resolution of declaration of absence or death will be left without effect or will be ratified.

2. If it is not presented, but if there is news of its alleged existence in known whereabouts, the alleged victim will be personally notified of the decision to declare his absence or death, requiring him to do so within twenty days. provide proof of their identity. After the deadline, irrespective of whether or not the evidence has been presented, the Registrar shall convene the hearing referred to in the preceding paragraph, quoting those who are present there. The Registrar shall give the decision as appropriate within the following three days.

3. If the person who said to be the missing person so requests and provided documentary identification that the judicial secretary considers to be sufficient, the suspension of the action of the representative of the declared absent may be decreed until the Celebration of the appearance.

4. If the death of the missing person is reported after the declaration of absence or death, the Registrar shall, after holding a hearing to which the persons concerned and the Prosecutor's Office be summoned, and shall conduct the relevant evidence for the verification of death, resolve the termination of the decision within the following three days.

Article 76. Record of the death of the missing person.

If at any time during the substantiation of any of the files referred to in the previous articles of this Chapter the death of the missing or absent will be checked, the file will be filed and will remain without effect the measures that would have been taken.

Article 77. Communication to the Civil Registry.

The Civil Registry shall be sent all the evidence necessary to record as soon as it is prevented in Article 198 of the Civil Code.

CHAPTER X

From the extraction of organs from living donors

Article 78. Scope of application and competence.

1. The rules of this Chapter shall apply to files which are intended to establish the concurrency of the free, conscious and unselfish consent of the donor and other requirements for the removal and transplantation of organs of a living donor by Law 30/1979 of 27 October on the extraction and transplantation of organs, and the other rules that develop it.

2. The Judge of First Instance of the locality in which the removal or transplantation is to be carried out shall be competent to hear the applicant's choice.

Article 79. Application and processing of the file.

1. The file shall be initiated by means of a request from the donor or communication of the Director of the Health Centre where the removal or person to whom the delegation is delegated, who shall express the personal and family circumstances of the donor, shall be initiated. the donation, the health centre in which the removal is to be carried out, the identity of the doctor responsible for the transplant or removal or the person who is delegated and the medical certificate on the donor's mental and physical health, issued from compliance with the provisions of the relevant legislation.

For action in these files, the intervention of Attorney or Procurator will not be necessary.

2. The doctor who is to be removed shall be summoned to appear, the doctor who is a signatory to the certificate referred to in the previous paragraph, the doctor responsible for the transplant or the person to whom the person is delegated and the person to whom the authorisation for the intervention, in accordance with the authorisation document for the removal of the organs granted to the health centre concerned or in which it is delegated.

3. The donor must give his or her express consent to the Judge during the hearing, after hearing the explanations of the physician to perform the extraction and those of the other attendees. The Judge may also require such explanations as he deems appropriate on the concurrence of the requirements laid down in the law for the granting of consent.

Article 80. Resolution.

1. If the Judge considers that the consent given expressly by the donor has not been freely, knowingly and disinterested, or the other legally established requirements are not met, he shall not extend the transfer document of the organ.

2. If not, and if it considers that the legal requirements have been met, it shall extend in writing the document of the transfer of the body to be signed by the person concerned, the physician to carry out the extraction and the other assistants. If any of them doubt that the consent given has been expressly, freely, consciously and disinterested, they will be able to oppose the donation.

3. From the transfer document, which shall include the possibility of the donor to revoke the consent at any time prior to the intervention, a copy shall be provided to the donor.

TITLE III

From the files of voluntary jurisdiction in the family

CHAPTER I

From the dispensation of marriage impairment

Article 81. Competence, legitimisation and application.

1. The Judge of First Instance of the domicile or, failing that, of the residence of any of the contrayants shall be competent to know of the request for waiver of the impediments of death of the spouse or person with whom it would have been united by analogous relationship of affectivity to the spousal and kinship to contract the third degree between collateral, provided for in Article 48 of the Civil Code.

2. This file should be promoted by the contractor in whom the marriage impediment is present.

3. In the practice of these actions, the intervention of Advocate or Procurator will not be mandatory.

Article 82. Request.

The file shall be initiated by a request addressed to the Court which shall express the reasons of a particular, family or social nature on which it is based, and to which the necessary documents and antecedents are to be accompanied concurrence of the fair cause required by the Civil Code for the waiver and, where appropriate, the test proposal, the practice of which will be agreed by the Judge. In the case of the parentage impediment, the family tree of the contrayants shall be clearly expressed in the application.

Article 83. Processing and resolution.

1. The application will be accepted by the judicial secretary, will cite the appearance of the contrayants and those who may be interested, who will be heard. For the waiver of the loss of death of the previous spouse, the Prosecutor's Office must also be cited. In the hearing, the evidence that has been proposed and agreed shall be carried out.

2. The Judge, taking into account the justification offered, shall decide to grant or refuse the waiver of the impediment to the marriage.

Article 84. Testimony.

In the case of granting of the waiver for the marriage, the Secretary of the Court will issue testimony that will be given to the applicant for the appropriate use.

CHAPTER II

Of the judicial intervention in relation to the parental rights

Section 1. Common Disposition

Article 85. Processing.

1. In the cases referred to in this Chapter, once the application has been accepted by the Secretary of the Court, this Chapter shall include the appearance of the applicant, the Prosecutor's Office, the parents, guarantors or guardians where appropriate, the person with the capacity of the person to be legally modified, where applicable or at least if he has sufficient maturity and, in any case, if he is more than 12 years of age. If the holder of the parental authority is a minor who is not emancipated, his parents and, in the absence thereof, his or her guardian shall also be cited. The summons of other interested parties may also be agreed.

2. The Judge may agree, on his own initiative or at the request of the applicant, of the other persons concerned or of the Prosecutor's Office, of the practice during the appearance of the proceedings which he considers appropriate. If these proceedings take place after the hearing, the minutes shall be transferred to the persons concerned so that they can make representations within five days.

3. The intervention of Advocate or Procurator to promote and act on these files will not be mandatory.

Section 2. Of the judicial intervention in cases of disagreement in the exercise of the parental authority

Article 86. Scope, competence and legitimacy.

1. The provisions of this section shall apply where the Judge is required to intervene in cases of disagreement in the exercise of the parental authority exercised jointly by the parents. They shall also apply in cases where the authorisation or judicial intervention is legally provided for when the holder of the parental authority is a minor who is not emancipated and who has disagreed or is unable to obtain his or her parents ' or guardian.

2. The Court of First Instance of the domicile or, failing that, the residence of the child shall have jurisdiction. However, if the joint exercise of the fatherland by the parents has been established by a judicial decision, it shall be competent to hear the case of the Court of First Instance which has issued it.

3. They are entitled to promote this file both parents, individually or jointly. If the holder of the parental authority is a minor who is not emancipated, his parents will also be legitimized and, in the absence of these, his guardian.

Section 3. of the protective measures relating to the improper exercise of the right to hold or to administer the goods of the child or person with a judicially modified capacity

Article 87. Scope, competence and legitimacy.

1. The provisions of this Section shall be applied in order to take measures in relation to the improper exercise of the right of custody of minors or persons with a judicially modified capacity or the administration of their property in cases where they are refer to Articles 158, 164, 165, 167 and 216 of the Civil Code. And in particular:

(a) For the adoption of measures for the protection of minors and persons with a judicial modified capacity as set out in Article 158 of the Civil Code.

(b) For the appointment of a judicial administrator for the administration of the assets acquired by the child by succession in which the father, mother or both had been justly disinherited or could not inherit by cause of indignity, and would not have been designated by the person responsible for it, nor could the other parent perform such a function.

(c) To attribute to the parents that the part of the fruits which in equity proceeds from the goods acquired by the child free of charge, when the available has been ordered expressly that they are not, is attributed to the parents. for the same, as for those acquired by succession in which the father, mother or both had been justly disinherited or could not have inherited because of indignity, and of those donated or left to the children especially for their education or career.

d) For the adoption of the necessary measures to secure and protect the children's property, require caution or bail to continue the parents with their administration or even appoint an Administrator when the administration of the parents endanger the child's property.

2. The Court of First Instance of the domicile or, failing that, the residence of the child or person with a judicially modified capacity shall be competent. However, if the joint exercise of the fatherland by the parents or the assignment of the guardian and custody of the children has been established by judicial decision, as well as when they are subject to protection, it shall be competent to know the case of the Court of First Instance which you have known about the initial case.

3. The measures referred to in this Chapter shall be taken on their own initiative or at the request of the person concerned, of any relative or of the Prosecutor's Office. Where they are requested in respect of a person with a judicially modified capacity, they may also be taken at the request of any person concerned.

Article 88. Resolution.

If the Judge considers it appropriate to take action, he shall decide what is appropriate to appoint a person or institution who, where appropriate, has to take care of the custody of the child or person with a judicially modified capacity, adopt the measures provided for in the case in accordance with Articles 158 and 167 of the Civil Code, and may appoint, if appropriate, a judicial defender or an administrator.

Article 89. Action in cases of guardianship.

In the cases of guardianship of the child or person with a judicially modified capacity, the Judge who has known the case shall bear witness to the final decision to which he has known the appointment of a guardian.

CHAPTER III

From judicial intervention in cases of spousal disagreement and in the administration of ganancial goods

Article 90. Scope, competence, application and processing.

1. The procedures regulated in the common rules of this Law will be followed when the spouses, individually or jointly, request the intervention or judicial authorization to:

(a) Set the spousal address or dispose of the usual dwelling and objects of ordinary use, if there is disagreement between the spouses.

b) Set the contribution to the burden of marriage, when one of the spouses fails to do so.

(c) Conduct an administrative act in respect of common goods as the consent of both spouses is necessary, or for the performance of an act of disposition for consideration on the same, for the other spouse being found prevented from lending or unjustifiably refused to do so.

(d) To confer the administration of the commons, where one of the spouses is prevented from giving consent or has left the family or there will be separation in fact.

(e) Making available acts on buildings, commercial establishments, precious objects or transferable securities, except for the right of preferential subscription, if the spouse has the administration and, where appropriate, the provision of the commons by law ministry or by judicial resolution.

2. In the case of cases relating to the allocation of the administration and the disposal of the goods common to one of the spouses only, the Judge may also agree on course and limitations, either on his own initiative or at the request of the Prosecutor's Office, when he is involved in the proceedings. file.

3. In the cases referred to in the preceding two paragraphs, the Court of First Instance shall have jurisdiction in the case of the last domicile or residence of the spouses.

It will not be mandatory to intervene with Attorney or Procurator to promote and act in these cases, except that the judicial intervention is for the realization of an act of patrimonial character with a value of more than 6,000 euro, in which case it will be necessary.

4. The Judge shall hear in the appearance of the applicant, the non-applicant spouse, where appropriate, and the other persons concerned, without prejudice to the practice of any other evidence which he considers relevant.

5. In these cases, the Prosecutor's Office shall be heard when the interests of minors or persons with legal modified capacity are compromised.

TITLE IV

From voluntary jurisdiction files relating to inheritance law

CHAPTER I

From Albacealty

Article 91. Scope, competence, application and processing.

1. In cases where, in accordance with the civil legislation, it is necessary, the provisions of this Chapter shall apply:

1. For cases of the waiver of the executor or the extension of the deadline for albaceous.

2. º For removal from office.

3. For the accountability of the executor.

4. º For obtaining authorization so that the executor can carry out acts of disposition on assets of the estate.

2. For action in these cases, the intervention of a lawyer or an attorney shall not be required where the amount of the hereditary is less than EUR 6,000.

3. It shall be competent to hear such files, the processing of which shall be in accordance with the common rules of this Law, the Court of First Instance of the last domicile or habitual residence of the deceased, or where the majority of his or her property, irrespective of its nature in accordance with the applicable law, or the place where it was deceased, provided that they were in Spain, at the choice of the applicant. By default of all, the Court of First Instance of the place of the applicant's domicile shall be competent.

4. The decision of these files shall be the responsibility of the Judge, except for the decision of the cases provided for in paragraph 1 of paragraph 1 of this Article, which shall be the responsibility of the Registrar.

CHAPTER II

Of the dative-party counters

Article 92. Scope, competence, application and processing.

1. The provisions of this Chapter will apply:

(a) For the designation of the dative party counter in the cases provided for in Article 1057 of the Civil Code.

b) For the cases of resignation of the accountant-party appointed or of the extension of the time limit set for the performance of his order.

c) For the approval of the partition performed by the counter-party when necessary because it has not been expressly confirmed by all heirs and legatees.

2. For action in these cases, the intervention of a lawyer or an attorney shall not be required where the amount of the hereditary is less than EUR 6,000.

3. The processing and decision of these files, which shall be in accordance with the common rules of this Law and the provisions of the Civil Code, shall be the responsibility of the judicial Registrar of the Court of First Instance of the last domicile or habitual residence of the the deceased person, or where most of his or her assets are, regardless of their nature in accordance with the applicable law, or the place where they were deceased, provided that they were in Spain, at the choice of the applicant. By default of all, the Court of First Instance of the place of the applicant's domicile shall be competent.

CHAPTER III

From the acceptance and repudiation of the inheritance

Article 93. Scope of application.

1. The provisions of this Chapter shall apply in all cases where, in accordance with the law, the validity of the acceptance or repudiation of the estate requires authorization or judicial approval.

2. In any case, they shall require judicial authorisation:

(a) Progenitors who exercise parental authority to repudiate the inheritance or legacies on behalf of their children under 16 years of age, or if they are still older than that age, without reaching the majority, will not give their consent.

b) The guardians, and in their case, the judicial defenders, to accept without the benefit of inventory any inheritance or legacy or to repudiate the same.

c) The creditors of the heir who has repudiated the inheritance to which he was called to the detriment of those, to accept the inheritance on his behalf.

3. In addition, judicial approval will be required for the effectiveness of the inheritance of the inheritance made by the legitimate representatives of the associations, corporations and foundations capable of acquiring.

Article 94. Competence, legitimisation and application.

1. It shall be competent to hear such files, the processing of which shall be in accordance with the common rules of this Law, the Court of First Instance of the last domicile or, failing that, the last residence of the deceased and, if he has been in a country abroad, that of the place of his last domicile in Spain or where the majority of his assets are, at the choice of the applicant.

2. This file may be promoted by those who represent the appeals to the inheritance, themselves represented by the Prosecutor's Office if they are minors or have the judicial capacity, their judicial defender if they are not would have given the authorisation in the appointment and creditors of the heir who would have repudiated the estate.

3. The intervention of the Ministry of Taxation shall be necessary in the cases referred to in Article 93 (2) (a) and (b).

4. For action in these cases, the intervention of a lawyer or an attorney shall not be required where the amount of the hereditary is less than EUR 6,000.

Article 95. Resolution.

1. The Judge, taking into account the justification offered and valuing his convenience to the interests of the calls to the estate, will resolve to grant or deny the authorization or approval requested.

2. In the event of a request for authorization or approval to accept no inventory benefit or to repudiate the inheritance, if it is not granted by the Judge, it may only be accepted for the benefit of the inventory.

3. The resolution shall be subject to appeal with suspensive effect.

TITLE V

Of the voluntary jurisdiction files relating to the law of obligations

CHAPTER I

To fix the deadline for compliance with obligations where applicable

Article 96. Scope of application.

When, in accordance with Article 1128 of the Civil Code or any other legal provision, the time limit for the enforcement of an obligation on the request of one of the subjects of the Civil Code is determined judicially, they shall be followed. the common rules of this Law.

Article 97. Competence and application.

1. The processing and resolution of this file shall be the responsibility of the Judge of First Instance of the debtor's domicile. If the relationship between a consumer or user and an employer or a professional and the latter is the debtor of the benefit, the jurisdiction may also correspond to the Judge of First Instance of the creditor's domicile, at the discretion of the creditor.

2. For action in this file, the intervention of Advocate or Procurator shall not be required.

3. If opposition is raised, the file shall be filed and the Registrar shall cite the persons concerned in a hearing, continuing the proceedings as provided for in the oral proceedings.

CHAPTER II

From the consignment

Article 98. Scope, competence and application.

1. The provisions of this Chapter shall apply in cases where, by proceeding with the entry in accordance with the law, it is brought before the court.

2. The Court of First Instance shall have jurisdiction in the place where the obligation is to be fulfilled and, if it could be fulfilled in different places, any of them at the choice of the applicant. Failing that, it shall be competent for the address of the debtor.

3. The action in this file shall not be required for the intervention of a lawyer or a solicitor.

Article 99. Processing.

1. The person who promotes the registration shall express in his application the particulars and circumstances of identification of the persons concerned in the obligation to which the consignment, the address or the addresses in which they may be mentioned, as well as the the reasons for this, as regards the purpose of the consignment, its making available to the court and, where appropriate, what is requested in respect of its deposit.

You must also prove that you have made the offer of payment, if you proceed, and in any event the announcement of the consignment to the creditor and other interested parties.

The application shall be made available for the purpose, without prejudice to the possibility that the sponsor may subsequently be designated as a depositary.

2. If the application does not meet the necessary requirements, the Secretary of the Court shall decree that he shall declare it and send the sponsor back to him.

On the contrary, if the application is accepted by the Registrar, the Registrar shall notify the persons concerned of the existence of the consignment, for the purposes of the withdrawal of the due matter within ten days or the submission of the claims. that they consider appropriate.

shall also take appropriate measures as regards the deposit of the due.

3. Where the parties concerned withdraw the item by expressly accepting the entry, the Registrar shall prescribe that, with the legal effects arising, he shall have the right to cancel the obligation and, where appropriate, the warranty, if requested by the sponsor.

4. If the time limit does not proceed to remove the item due, they shall not make any claim or reject the consignment, the sponsor shall be moved to urge, within five days, the return of the consignment or the maintenance of the consignment. the consignment.

In the event that the promoter requests the return of the consignment, the request will be transferred to the creditor for five days, and if he will authorize him to withdraw it, the judicial secretary will dictate the decree by agreeing the file of the the case and the creditor shall lose any preference which he has on the matter and the co-promoters and guarantor shall be free. If the matter is withdrawn by the sole will of the promoter, the file of the file will leave the obligation remaining.

When the sponsor urges the maintenance of the consignment, the Registrar shall cite the sponsor, the creditor and those who may be interested in an appearance before the Judge, in which they shall be heard and shall carry out those tests which have been proposed and agreed.

5. The Judge, taking into account the justification offered, the obligation and the concurrency in the consignation of the requirements that correspond, will resolve to declare or not to be well made the same.

If the decision is made for the purpose of the consignment, the consignment shall produce the legal effects, the item shall be delivered to the creditor and the obligation shall be cancelled if the sponsor so requests. Otherwise, the obligation shall remain and shall be returned to the sponsor.

6. The costs incurred by the consignment shall be taken into account by the creditor if it is accepted or declared to be well-made. Those costs shall be borne by the sponsor if the item is declared inappropriate or withdrawn.

TITLE VI

From the files of voluntary jurisdiction relating to the actual rights

CHAPTER I

From the judicial authorization to the user to claim expired credits that are part of the usufruct

Article 100. Scope of application.

The provisions of this Chapter shall apply in the cases in which the user intends to claim and to charge in case the expired credits that are part of the usufruct, when he is exempt from providing bail or not could be constituted, or the constituted was not sufficient and does not have the authorization of the owner to do so, as well as to put to interest the capital obtained with said claim if it does not have the agreement of the owner.

Article 101. Competence and application.

1. It shall be competent to hear such files, the processing of which shall be in accordance with the common rules of this Law, the Court of First Instance of the last domicile or in its absence, of the last residence of the applicant.

2. Action in these cases shall not be required for the intervention of a lawyer or a solicitor.

Article 102. Request.

The file will be initiated by request of the user, to which the documents or means of proof that credit his right will be accompanied, the existence of the expired credit that is intended to claim or, if necessary, the amount This is the case for the application of the same and the intention to place it in the interest and the absence of the owner's authorization. In the event that you apply for the authorisation to place the capital obtained after the receivables receivable, you must provide sufficient guarantees to preserve your integrity.

Article 103. Processing and resolution.

1. The application will be accepted by the judicial secretary, will call upon the promoter, the owner, and those who may be interested in the recovery of the credit, who will be heard in this order. Subsequently, those tests that would have been proposed and agreed will be practiced.

2. The Judge, taking into account the justification offered and assessing the appropriateness of the recovery of the credit which is part of the usufruct or the investment of the capital obtained, will resolve to grant or refuse the authorization requested.

If the authorization granted is to charge an expired credit that forms part of the usufruct, the obligation of the user to inform periodically, within the deadlines granted, the Tribunal on the steps taken, as well as the final result.

But if the authorization were to place interest on the capital obtained by the collection of that credit, the resolution must contain the guarantees to be established by the user to preserve the integrity of the capital.

CHAPTER II

From the Unwritten Farm Deslint File

Article 104. Scope of application.

The provisions of this Chapter shall apply when it is intended to obtain the lint of farms that are not registered in the Land Registry. In the case of registered farms, the provisions of the mortgage legislation will apply.

Nor shall they apply to the real estate owned by the Public Administrations, which shall be implemented in accordance with their specific legislation.

Article 105. Competence, legitimisation and application.

1. The Registrar of the Court of First Instance corresponding to the place where the estate is situated or most of it shall be competent for the knowledge of this file.

2. The file shall be initiated at the request of the holder of the domain of the farm or, if several, of any of them, or of the holder of any real right of use and enjoyment thereon.

3. In the handling of this file, the intervention of a lawyer shall be required if the value of the farm exceeds EUR 6,000.

Article 106. Request and fulfillment.

1. The file shall be initiated by writing in which the circumstances of the farm which is intended to be dislocated as well as the adjacent ones, as well as the identifying data of the holders of one and the other, including the cadastrals, shall be recorded. his address if he is known to the applicant. Where the request is not referred to the entire perimeter of the farm, the part to be contracted shall be determined. In respect of the adjoining farms that are registered in the Land Registry, registration certification must also be provided.

The deslinde applicant must, in any case, provide the descriptive and graphic cadastral certification of the finca which is the object of the dislinde and the adjacent ones, as well as the documents or supporting documents that serve as a basis for their pretense. In addition, in case the promoter manifests that the cadastral graphic representation does not match that of the requested disline, it must provide georereferenced graphical representation of the same. In any case, the alternative graphical representation will have to respect the rest of the delimitation of the affected farms that result from the cadastral mapping in the not affected by the deslinde. This graphic representation must be duly referenced and signed by a competent technician, so that it can be incorporated into the Catastro after the deslinde has been practiced.

2. The Registrar, who is admitted to the application, shall inform all interested parties of the initiation of the file, who, within 15 days, may make the allegations and submit the evidence they deem to be obtained. After the deadline, the Secretary of the Court shall transfer the persons concerned from all the documentation provided and shall quote them to the act of disconnection to be held within 30 days to seek agreement between them.

The practice of the unlinde will not be suspended due to the lack of assistance of any of the owners, leaving to the exception of their right to sue, in the declarative judgment that corresponds, the possession or property of the creyese stripped by virtue of the deslinde. In the same way, if before the appearance, the owner of one of the adjoining farms would object to the deslinde, file the file in relation to the part of the farm estate with that of the opposition, reserving to the parties their right to exercise in the corresponding declarative judgment, and continue with the rest.

Article 107. Resolution.

1. If the agreement is to be reached between all or part of the parties concerned, the judicial secretary shall record in a record any agreement and that the act has ended in full or in part with respect to some or some of the line-keepers, as well as to the terms of the same, and must be signed by the comparable. If no agreement is reached, it shall be stated that the act has ended without agreement.

2. After the act, the judicial secretary will dictate the decree stating the agreement, or that it was partial in respect of some or some of the lines, or that it was held without compromise, the definitive file of the actions being agreed. The decree will incorporate the act and, in any case, the descriptive and descriptive cadastral certification and, in the event of discordance with this, the alternative graphical representation provided.

3. The Registrar shall transmit testimony to the minutes and the decree to the Catastro for the purposes of the following, if any, the corresponding cadastral alterations, according to their regulatory regulations.

TITLE VII

From the voluntary auction files

Article 108. Scope of application.

The provisions of this Title shall apply provided that, outside of an award procedure, the disposal of certain goods or rights is carried out at the request of the person concerned.

Article 109. Competence and application.

1. The Court of First Instance, which corresponds to the address of the holder, shall be competent, and if they are several holders, it shall be the case for any of them. In the case of immovable property, the place where the immovable property is located shall be competent.

2. For action in this file, the intervention of Advocate and Procurator will not be mandatory.

Article 110. Request.

1. Application for the initiation of the file shall be required, with the identification and status of the property or right, which shall be accompanied by the following documents:

(a) Those that allow the legal capacity to be accredited to hire the applicant.

b) Those who credit their power of disposal on the object or right of the auction. In the case of goods or recordable rights, registration of the registry of domain and charges shall be accompanied.

(c) The specification of the particular conditions under which the auction is to be held and where the valuation of the goods or rights to be auctioned shall be collected.

2. If there are tenants or occupants of the property whose disposal is concerned, the applicant shall identify them in their initial application, in such a case, in the manner prescribed in Article 661 of the Law of Procedure. Civil.

3. The application may be requested from the Registrar who agrees to sell the goods or the right per person or specialised entity. The Registrar shall agree to the sale subject to the provisions of Article 641 of the Civil Procedure Act as soon as it is compatible with the provisions of this Title.

Article 111. Processing.

1. The Registrar shall, before resolving the application, consult the Public Registry Office for the purposes of the special legislation.

2. In the light of the documentation, you will decide what is appropriate for the auction.

If I agree to his/her origin, the judicial secretary shall inform the Public Registry of the existence of the file with the express specification of the tax identification number of the natural or legal person. whose property is to be the subject of the auction. The Public Registration Register shall notify the Court that it is aware of the file of the practice of any seat that is associated with the notified tax identification number for the purposes provided for in the insolvency legislation.

The Judicial Secretary shall inform the Public Registry of the completion of the file when it occurs.

3. Agreed upon its conclusion, if it were the auction of a real estate or real right inscribed in the Registry of the Property or movable property subject to a regime of advertising registration similar to that of those, the judicial secretary will request by electronic procedures certification of domain and loads. The Registrar of the property shall issue the certification with continuous information in the same way and shall record by note to the margin of the good or the right this circumstance. This note will produce the effect of indicating the sale situation at auction of the right or right and will expire six months after its date unless the Registrar notifies the Registrar of the closure of the file or its suspension in advance. where the time limit shall be calculated from the time the judicial secretary notifies his/her resumption.

The Registrar shall notify, immediately and in a telematic manner, the Judicial Secretary and the Auction Portal of the State Official Gazette the fact that another or other titles that affect or have been filed have been filed modify the initial information.

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

4. The auction will take place, in any case, electronically in the Auction Portal of the State Agency Official Gazette, under the responsibility of the judicial secretary, so that the provisions of the Law of Civil prosecution in this respect, as soon as they are compatible with the provisions of this Title.

5. The publicity and celebration of the auction shall be in accordance with the law of the Civil Procedure in all matters not provided for in the specification. The statement of conditions shall be expressed in the edicts.

6. After the auction, the Registrar shall, by decree, approve the auction in favour of the sole or the highest bidder, provided that it covers the minimum rate which the applicant has set or has not expressly reserved the right to approve it, in which case you will be given the file so that within three days you will ask for what you are interested in. The same communication will be given in the event that the offer to accept the auction is made by some tenderer by modifying some of the conditions.

If the applicant approves the auction or accepts the proposal, it will be resolved by approving the auction in favor of the bidder.

7. Where no bidder or the applicant has not accepted the proposal at auction, the file shall be dismissed.

8. The award decree shall contain the description of the right or right, the identification of the interveners, the expression of the conditions of the award and the other necessary requirements, if any, for the registration. A testimony of that decision, which shall be submitted to the successful tenderer, shall be sufficient evidence for the practice of the registration records which, if appropriate, correspond.

TITLE VIII

Of the files of voluntary jurisdiction in commercial matters

CHAPTER I

From the book exhibition of people forced to keep accounting

Article 112. Scope of application.

The display of books, documents and accounts of the person required to take them, in cases where appropriate in accordance with the law and with the scope that they determine, may be requested through this file, always there is no special rule applicable to the case.

Article 113. Competence and application.

1. The jurisdiction shall correspond to the Court of the Commercial of the domicile of the person required for the exhibition, or of the establishment to whose accounts the books and documents of the exhibition are concerned.

2. In the handling of these files, the intervention of Advocate and Procurator will be mandatory.

Article 114. Processing.

1. The application shall be processed in accordance with the common rules governed by this Law, with the right or the legitimate interest of the applicant being stated and specifying the seats to be examined or their contents as accurately as possible, and the object and purpose of the request.

Admitted the application by the judicial secretary, this will cite an appearance before the judge to those who have to intervene in the file. The Judge shall decide on the application in a reasoned manner at the hearing itself, and shall be documented later by the Secretary of the Court, or within five days of his completion by order.

2. If the application is considered, it shall be ordered to disclose the books and documents to be examined, specifying the scope of the exhibition, requiring the person to be required and indicating the day and time for the exhibition. If a specific timetable is requested for the required time in order not to disturb its activities, the Judge shall agree as appropriate, with the hearing of the persons concerned. On a reasoned basis, the Judge may, by way of exception, claim that the books or their computer support are presented in the Court of Justice, provided that the seats to be examined are specified.

Article 115. How to perform the display.

1. The person required for the exhibition has a duty to collaborate and to facilitate access to the required documentation so that the applicant can proceed to his or her examination.

2. The exhibition shall be held with the Registrar at the address or establishment of the person required to carry the books, or by means of his/her contribution in computerised form if it has been agreed, and the applicant may examine the books, documents or media specified by itself or with the cooperation of the experts it has appointed in its application and which the Judge has authorised, being lifted by the judicial secretary acting on the act.

Article 116. Periodic penalty payments.

1. If the person required for the exhibition is unjustifiably refused, shall impede or breach the duty to cooperate and facilitate access to the requested documentation, it shall be required by the Registrar, at the request of the applicant, to ensure that do so and refrain from reiterating the breach, with a warning of the imposition of a fine and of incurring a crime of disobedience to the judicial authority.

2. If the non-compliance persists, the Registrar, after hearing the required person, to ensure compliance with the order, may impose by decree and in compliance with the principle of proportionality, periodic penalty payments of up to EUR 300 per day, will enter the Treasury.

In order to determine the amount of the fine, the judicial secretary must take into account the circumstances of the event in question, as well as the damages that the other person may have caused.

CHAPTER II

From the general meeting call

Article 117. Scope of application.

The file provided for in this Chapter shall apply in all cases where the laws permit the request of a general meeting, whether ordinary or extraordinary.

Article 118. Competence, legitimisation and application.

1. The Court of Trade in the registered office of the institution to which the reference is made shall be competent.

2. You may apply for the call, which may be legitimized by the relevant laws.

3. For action in this file, the intervention of Advocate and Procurator will be mandatory.

Article 119. Processing.

1. The file shall be initiated by writing requesting the meeting of the board, where the concurrency of the requirements legally required in each case shall be recorded, accompanied by the statutes, the documents justifying the legitimization and compliance with those requirements.

2. If the board is ordinary, the application must be based on the fact that it has not met within the legally established time limits. If the requested meeting is extraordinary, the reasons for the request and the order of the day requested shall be expressed.

3. It may also be requested in writing that a chairman and secretary be appointed to the board other than those which are the subject of the Staff Regulations.

4. When the application is accepted, the Registrar shall indicate the day and time for the appearance, which shall be referred to the administrative body.

5. If it agrees to the request, it shall convene the general meeting within one month after the request has been made, indicating place, day and time for the celebration, as well as the agenda, and shall appoint the president and secretary thereof. The place established must be that set out in the Statutes, and if it is not, it must be within the municipality where it radiuses the domicile of the company.

If an ordinary and extraordinary meeting is requested at the same time, it may be agreed that they will be held jointly.

Against the decree on which the call of the general meeting is agreed, no recourse will be made.

6. Once the acceptance of who has been designated to chair it has been obtained, the resolution convening the meeting shall be notified to the applicant and to the administrator.

In the event of non-acceptance of the designated person, the Secretary of the Judiciary shall appoint another to replace it.

CHAPTER III

The appointment and revocation of a liquidator, auditor or financial controller of an entity

Article 120. Scope of application.

In all cases where the law provides for the possibility of requesting the judicial secretary to appoint a liquidator, auditor or financial controller, the file provided for in this Chapter shall be followed.

For the revocation or cessation of appointments, where necessary to be performed by the Secretary of the Judiciary, the same file shall be followed.

Article 121. Competence, legitimisation and application.

1. The jurisdiction for the appointment of liquidator, auditor and financial controller shall be the responsibility of the Court of Trade in the registered office of the institution to which it is referred.

2. It may request the appointment of a liquidator, auditor or financial controller who is entitled to do so by the relevant laws.

3. In the handling of these files, the intervention of Advocate and Procurator will be mandatory.

Article 122. Processing.

1. The file shall be initiated by writing in which the appointment of liquidator, auditor and financial controller shall be sought and the concurrence of the requirements legally required in each case shall be recorded, accompanied by the documents supporting the request.

2. In the case of the application and the documentation provided, the Registrar shall call for an appearance, quoting the persons concerned who, in accordance with the law, have to intervene in the file. Administrators who would not have promoted the file will be summoned to such an appearance and will be given a transfer of the application.

Article 123. Resolution and acceptance of the charge.

1. The Registrar shall resolve the file by means of a decree, which shall be issued within five days of the termination of the hearing.

2. The decision shall be notified to those appointed for the acceptance of the position. Acceptance of the appointment, they will be provided with the corresponding accreditation.

3. The testimony of the resolution shall be forwarded to the Trade Register corresponding to its registration.

CHAPTER IV

From the reduction of social capital and the depreciation or disposal of the units or shares

Article 124. Scope, competence and application.

1. In all cases where the law provides for the possibility of applying to the judicial secretary the reduction of social capital or the depreciation or disposal of the shares or shares of a company, the general file provided for in Article this Act.

2. The jurisdiction shall correspond to the Court of Trade in the registered office of the entity to which the reference is made.

3. In the handling of these files, the intervention of Advocate and Procurator will be mandatory.

CHAPTER V

From the judicial dissolution of societies

Article 125. Scope of application.

The file governed by this Chapter shall be applied to the dissolution of a company in cases where it proceeds in accordance with the law.

Article 126. Competence, legitimisation and application.

1. The jurisdiction to proceed with the dissolution of a company shall be the jurisdiction of the Court of Trade in its registered office.

2. They are legitimized to urge the judicial dissolution of the society the administrators, the partners and any interested.

3. In the handling of these files, the intervention of Advocate and Procurator will be mandatory.

Article 127. Processing.

1. The file shall be initiated by writing in which the concurrence of the requirements legally required to proceed with the judicial dissolution of the company shall be recorded, accompanying the documents in which the application is supported.

When the application is submitted by a legitimate subject other than the administrators, it must be established that the request for dissolution has been notified to the company.

2. The Registrar shall forward the document to the administrators, if they have not promoted the file, and shall convene an appearance by quoting the latter and the other persons concerned who, in accordance with the law, have to intervene in the file.

Article 128. Resolution.

1. The Judge shall resolve the file by order within five days of the termination of the hearing.

2. In the event that the Judge declares the company dissolved, the order shall include the appointment of the persons to be appointed by the liquidators, and a testimony thereof shall be sent to the Trade Register corresponding to his or her enrollment.

CHAPTER VI

From the convocation of the general assembly of obligationists

Article 129. Scope of application.

The file provided for in this chapter will apply in all cases where the laws allow the call for a general assembly of obligationists to be requested.

Article 130. Competence, legitimisation and application.

1. The Court of Trade in the registered office of the issuing entity shall have jurisdiction.

2. It may request the call to be granted in accordance with the legal order.

3. For action in this file, the intervention of Advocate and Procurator will be mandatory.

Article 131. Processing.

1. The file will be initiated by writing requesting the convening of the assembly, where the concurrency of the requirements legally required in each case will be stated, accompanying the social statutes and, where appropriate, the regulations of the union, the documents justifying the legitimation and the fulfilment of those requirements.

Admitted the application, the judicial secretary will point out day and time for the appearance, to which he will quote the commissioner-designate in the writing of the issue and the promoters of the assembly.

2. The hearing will be held, and will be issued by the General Assembly of Obligationists for the Constitution of the Union of Obligationists, and may appoint a new commissioner to replace the one who would not have complied with the law. their obligation to convene the assembly.

Against the decree on which the convocation of the general assembly is agreed, no recourse shall be made.

3. The Registrar shall convene the assembly within one month after the request has been made, indicating place, day and time for the celebration, as well as the order of the day, in accordance with the rules of the union and the content of the the request.

CHAPTER VII

From theft, theft, loss or destruction of title value or representation of partner parts

Article 132. Scope of application.

The provisions of this Chapter shall apply when the adoption of the measures provided for in the commercial law is requested in cases of theft, theft, loss or destruction of securities or representation of parts of partner.

Article 133. Competence, legitimisation and application.

1. The Court of the Commercial of the place of payment shall be competent in the case of a claim of credit, the place of deposit in the case of securities of deposit, or the place of the place of domicile of the issuing institution where the securities are securities transferable, as appropriate.

2. They shall be entitled to initiate the file governed in this Chapter by the legitimate holders of the securities which have been deprived of them, as well as those who have suffered their destruction or loss.

3. For action in this file, the intervention of Advocate and Procurator will be mandatory.

Article 134. Denunciation of the fact in the case of securities admitted to trading on official secondary markets.

1. It may be legitimized in accordance with the foregoing Article, if its value is admitted to trading on a stock exchange or other official secondary market, to the Company Rector of the official secondary market corresponding to the domicile of the institution to report theft, theft, destruction or loss of title.

2. The corresponding official secondary market will communicate it to the remaining Rector Societies, which will publish it in the bulletin board to prevent the transmission of the title or titles affected. Similarly, the complaint will be published in the "Official State Gazette" and, if requested by the complainant, in a newspaper of great circulation at your choice.

3. The complainant shall request the initiation of the file covered by this Chapter within the maximum period of nine days from the formalisation of the complaint.

4. If the Company is not notified of the official secondary market the opening of the file, it shall lift the interdiction of the securities, it shall inform the Companies of the remaining Bags or official markets and make it public by fixing them in the bulletin board.

Article 135. Processing.

1. The file shall be initiated by means of a document in which the person concerned shall justify his or her legitimacy to promote it. If the dispossession of the value before the Rectoring Society of the corresponding official secondary market has been reported, it must be stated, expressing the date of the filing of the complaint.

2. When the file is opened, the Registrar shall inform the issuer of the securities and, if it is a title admitted to trading, the corresponding official secondary market Rectoring Company, for the purposes specified in the Article previous.

3. The Registrar shall agree to the notice of the opening of the file in the "Official State Gazette" and in a newspaper of great circulation in his province and shall have the summons to whom he may be interested in the file.

4. On the occasion of the hearing, the judicial secretary will decide on the prohibition to negotiate or transmit the securities, the suspension of the payment of capital, interest or dividends, or the deposit of the securities. goods, as appropriate for the purposes of the title in question and, where appropriate, shall ratify the prohibition of negotiation agreed by the Governing Society of the relevant official secondary market.

5. Without prejudice to the provisions of the preceding paragraph, where it is a tradition title, the goods shall not be deposited if they are impossible, difficult or very costly to preserve or to correct the danger of serious deterioration or to decrease considerably in value. In that case, the Registrar shall require the holder or the depositary, after hearing the holder of the title, to deliver the goods to the applicant if he has provided sufficient caution for the value of the goods deposited, plus the any compensation for damages to the holder of the title if it was subsequently established that the applicant was not entitled to delivery.

6. At the request of the applicant, the Registrar may appoint an administrator for the exercise of the right to attend and vote for general and special meetings of shareholders corresponding to securities which are transferable securities, as well as for the challenge of social agreements. The remuneration of the appointee shall be borne by the applicant.

7. After the period of six months without any controversy, the Registrar shall authorize the person who has promoted the file to collect the returns produced by the title, communicate it, at the request of the latter, to the issuer so that it can proceed to your payment.

The Registrar may, if he considers it appropriate, require the recipient of the performance of a security to ensure, where appropriate, the return thereof.

8. After a period of one year without an opposition, the Registrar shall instruct the issuer to issue new securities to be delivered to the applicant.

9. In no case shall the title or title be cancelled, if the current holder of the opposition has acquired them in good faith in accordance with the law of movement of the title itself.

In the event that the cancellation of the title or titles, who had been a legitimate holder at the time of the loss of the possession, will have the civil or criminal actions that correspond to that person has acquired the possession of the document in bad faith.

CHAPTER VIII

From appointment of expert to insurance contracts

Article 136. Scope of application.

The file governed by this Chapter shall be applied when in the insurance contract, in accordance with its specific legislation, there is no agreement between the experts appointed by the insurer and the insured to determine the damages. produced and those that are not in conformity with the designation of a third party.

Article 137. Competence, legitimisation and application.

1. The Court of Trade in the place of the insured person's place of residence shall be competent for the knowledge of this file.

2. They may promote this file either of the parts of the insurance contract or jointly.

3. In dealing with this file, the intervention of Advocate and Procurator will not be mandatory.

Article 138. Processing.

1. The file shall be opened in writing by any of the parties concerned, stating the fact that the experts appointed by the persons concerned are in dispute in order to assess the damage suffered, requesting the appointment of a third expert. The insurance policy and expert opinions shall be accompanied in writing.

2. If the application is accepted, a hearing shall be convened, in which the Registrar shall urge the parties concerned to agree on the appointment of another expert and, if there is no agreement, he shall appoint him in accordance with the Rules of the Civil Procedure Act.

3. When the appointment is verified, the appointee will be asked to state whether or not to accept the position, which he/she will be able to do claiming fair cause.

4. Acceptance of the position, he will be provided with the subsequent appointment, and the opinion shall be issued within thirty days, which shall be incorporated into the file, and shall be terminated.

TITLE IX

From the reconciliation

Article 139. Provenance of the reconciliation.

1. The reconciliation may be attempted in accordance with the provisions of this Title to reach an agreement in order to avoid a lawsuit.

The use of this file for purposes other than that provided for in the preceding paragraph and which involves a manifest abuse of law or entrane law or procedural fraud will result in the inadmissibility of the request.

2. The reconciliation requests that are formulated in relation to:

are not allowed to be processed.

1. The judgments in which minors and persons with a judicially modified capacity are interested in the free administration of their property.

2. The judgments in which the State, the Autonomous Communities and the other public administrations, Corporations or Institutions of the same nature are interested.

3. The civil liability claim process against Judges and Magistrates.

4. º In general, those that are promoted on subjects not susceptible of compromise or compromise.

Article 140. Competence.

1. The Judge of Peace or the Registrar of the Court of First Instance or of the Court of Trade, in the case of matters within its jurisdiction, of the address of the requested person shall be competent to hear the acts of conciliation. If he did not have it on national territory, he of his last residence in Spain. Notwithstanding the foregoing, if the amount of the petition is less than 6,000 euros and will not be dealt with questions attributed to the Courts of the Mercantile the competition will correspond, in their case to the Judges of Peace.

If the required person is a legal person, he or she shall also be competent for the place of the applicant's domicile, provided that he has the required delegation, branch, establishment or office open to the public or authorised representative to act on behalf of the entity, and must prove that.

If after the completion of the corresponding inquiries about the domicile or residence, these were unsuccessful or the required conciliation was located in another judicial party, the judicial secretary will dictate decree or the Judge of Peace to order the file to be terminated, making such a circumstance and reserving to the applicant of the conciliation the right to promote again the file before the competent court.

2. If questions of jurisdiction of the Court of Justice or of the recusal of the Registrar or Judge of Peace are raised in the event of the act of conciliation, the appearance shall be attempted without further formalities.

Article 141. Request.

1. The person seeking the conciliation shall submit to the competent body the application in writing where the particulars and circumstances of identification of the applicant and of the required or required reconciliation, domicile or addresses are entered in the which may be cited, the purpose of the conciliation being sought and the date, determining with clarity and precision what the object of the agreement is.

The applicant may also make his/her request for conciliation by completing standard forms which, for this purpose, shall be available to the applicant in the relevant organ.

2. Those documents which the applicant considers appropriate may be accompanied by the application.

3. In the case of conciliation proceedings, the intervention of a lawyer or an attorney shall not be required.

Article 142. Admission, signposting and citation.

1. The Registrar or Judge of Peace shall, within five working days following the date on which the application is lodged, give a decision on its admission and shall quote the persons concerned, stating the day and time of the act of reconciliation.

2. Between the summons and the act of conciliation shall be at least five days. In no case may the conclusion of the conciliation act be delayed by more than ten days from the admission of the application.

Article 143. Effects of admission.

The filing with subsequent admission of the request for conciliation will interrupt the prescription, both acquisition and extinguishing, in the terms and with the effects set forth in the law, from the time of its filing.

The deadline for the prescription will be recomputed from the time the decree of the Judge of the Judge of Peace is placed on the file.

Article 144. Appearance of the conciliation act.

1. The parties must appear either by themselves or through the Attorney General, the rules on representation being applied in Title I of Book I of the Law on Civil Procedure.

2. If the applicant does not appear or claim a fair cause for failure to attend, the file shall be withdrawn and the file shall be filed. The applicant may claim compensation for the damages caused by his or her appearance, if the applicant fails to prove that his failure to appear was due to a fair cause. The complaint shall be transferred for five days to the applicant, and shall be settled by the Registrar or the Judge of Peace, without further appeal, by setting, where appropriate, the appropriate compensation.

3. If the required conciliation does not compare or claim a fair cause for failure to attend, the act shall be terminated, the conciliation being sought for all legal purposes. If, if several are required, only one of them is present, the act will be held with the act and the reconciliation will be attempted as to the remaining ones.

4. If the Registrar or the Judge of Peace, if appropriate, considers the fair cause alleged by the applicant or required to not be satisfied, the date and time for the conclusion of the conciliation act shall be indicated within the time limit of the five days following the decision to suspend the act.

Article 145. Conclusion of the conciliation act.

1. In the act of conciliation, the applicant shall state his or her claim, stating the grounds on which he supports it; he shall reply as required and may be shown by the interveners or by any document in which they are based. allegations. If there is no agreement between the interested parties, the judicial secretary or the judge of peace will seek to compromise them, allowing them to replicate and counter them, if they want to facilitate the agreement.

2. If any question is raised which may prevent the valid continuation of the act of conciliation, the act shall be terminated and the conciliation shall be attempted without further formalities.

3. If there is agreement between the parties involved in all or part of the purpose of the conciliation, the minutes shall be given in detail in a record as soon as they agree, and the act shall be terminated as well as the terms of the act, and shall be signed by the comparones. If no agreement is reached, it shall be stated that the act has ended without agreement.

4. The development of the appearance shall be recorded, if possible, in support suitable for the recording and reproduction of the sound and the image, in accordance with the provisions of the Law of Civil Procedure. After the act, the judicial secretary will dictate decree or the Judge of Peace will dictate order to record the agreement or, if necessary, that it was tried without effect or that it was held without compromise, the definitive file of the performances being agreed.

Article 146. Testimony and expenses.

The parties may request testimony of the minutes to end the act of conciliation.

The expenses incurred by the act of reconciliation shall be of the account of the person who has promoted it.

Article 147. Execution.

1. For the purposes provided for in Article 517.2.9. of the Law of Civil Procedure, the testimony of the act together with that of the decree of the judicial secretary or the order of the Judge of Peace, stating the agreement of the parties in the act of conciliation, will be running.

For other purposes, the agreement shall have the value and effectiveness of an agreement entered into a public and solemn document.

2. He shall have jurisdiction for the execution of the same Court which dealt with the conciliation in the case of matters falling within the jurisdiction of the Court. In other cases, the Court of First Instance shall have jurisdiction for the enforcement of the application.

3. Enforcement shall be carried out in accordance with the provisions of the Law on Civil Procedure for the execution of judicially approved judgments and conventions.

Article 148. Action for nullity.

1. The action for annulment may be exercised only against what is agreed in the act of conciliation for the reasons which invalidate the contracts.

2. The application shall be brought within 15 days after the conciliation has been concluded with the competent court and shall be substantiated by the proceedings of the judgment corresponding to its matter or amount.

3. Accredited the exercise of the action for annulment, the execution of the agreed upon in the act of conciliation shall be suspended until it is definitively resolved on the action exercised.

Additional disposition first. References contained in the legislation.

1. References made by laws of date prior to the present to the jurisdiction of the Judge in respect of matters of voluntary jurisdiction shall be construed as references to the Judge or to the Registrar in accordance with the provisions of paragraph 3 of the Article 2 of this Law.

Also, references that appear in the rules of date prior to this Act concerning the Civil Procedure Act as regards matters of voluntary jurisdiction shall be construed as references to this Law.

2. References that appear in rules of date prior to this Law on legal separation or divorce shall be construed as legal separation or divorce. In the same sense, the existing references to "separation of fact by mutual agreement that are clearly stated" shall be understood as notarial separation.

3. References made in this Law to the Civil Code or to civil law should be understood also to the civil laws forales or special laws where they exist.

Additional provision second. Legal regime applicable to the reception of minors.

1. The file for the establishment of the reception of minors shall be governed by the common provisions laid down in this law, with the following specialties:

(a) When a judicial decision is required, it shall be promoted by the Prosecutor's Office or the corresponding Public Entity, and shall contain the proposal presented by the list of the particulars established in the civil legislation.

The Judge shall seek the consent of the Public Entity, if not the promoter of the file, of the persons receiving the child; and of the child, if not more than 12 years, as well as of the parents who are not deprived of the rights of the child in his or her exercise or, where appropriate, the guardian.

Parents will not be able to claim on the file whether or not there was cause of distress or if, if any, they have subsequently mediated rehabilitation.

Obtained the consents and conducted the hearings with due reservation, will dictate the resolution that proceeds in the interest of the minor within five days.

(b) Where the address or whereabouts of the parents or guardians has not been known, the means provided for in Article 156 (1) of the Civil Procedure Act have been exhausted, or if they are not mentioned personally, The procedure shall be waived and the Judge shall decide on the reception.

(c) If the parents communicate to the Court that they are aware of the relevant file which they intend to challenge the declaration of helplessness by means of the formulation of the application, or to promote the procedure for the purposes of rehabilitation, the judicial secretary, with suspension of the file, will point out the deadline of twenty days for the filing of the lawsuit. The Court of Justice may suspend the file until a decision has been taken in that proceedings. If the complaint is not filed within the time limit set, the Registrar shall continue with the processing of the file.

2. The file for the cessation of the legally agreed acceptance shall be initiated on its own initiative or at the request of the child, his legal representative, the Public Entity, the Prosecutor's Office or the persons who have received it.

After hearing from the Public Entity, the child, its legal representative and those who have received it, and after a report by the Prosecutor's Office, the Judge will decide what he deems appropriate within the next five days.

3. The case for taking measures in respect of the relations of minors under arrangements with their parents, their grandparents and other relatives and persons close to them shall be dealt with before the Court of First Instance. the seat of the Public Entity entrusted with the protection of the child. However, if the reception has been established by a judicial decision, it shall be competent to hear the case of the Court of First Instance which has agreed.

They are entitled to promote this file the child, both parents, individually or jointly, their grandparents and other relatives and relatives.

If the Judge considers that the adoption of measures is appropriate, the resolution shall establish the regime of residence, relationship and communication of the child with the applicant or applicants, as well as other measures relating to their relations and are from the case.

4. This scheme shall apply until the entry into force of the laws amending the system for the protection of children and adolescents.

Additional provision third. Registration in public records of foreign public documents.

1. A foreign public document not issued by a court is entitled to register the fact or act that it gives faith as long as it meets the following requirements:

(a) That the document has been granted by a foreign competent authority in accordance with the law of its State.

(b) The foreign authority has intervened in the preparation of the document by developing functions equivalent to those carried out by the Spanish authorities in the field concerned and with the same or more forthcoming effects. in the country of origin.

(c) The fact or act contained in the document is valid in accordance with the order designated by the Spanish rules of private international law.

d) That the registration of the foreign document is not manifestly incompatible with the Spanish public order.

2. The legal system referred to in this Article for decisions given by a foreign non-judicial authority shall be applicable to judgments delivered by foreign judicial bodies in matters whose jurisdiction is appropriate, according to this law, to the knowledge of non-judicial Spanish authorities.

Additional provision fourth. Notarial and registration fees.

The government will approve, within three months of its publication in the "Official State Gazette", the tariffs corresponding to the intervention of the Notaries and Registrars of Property and the matters, minutes, public writings, files, facts and acts which are relevant to those who are competent in accordance with the provisions of this Law.

In any case, the tariff of the records of the notarial designation of experts provided for in the regulations of the insurance contract will be paid without attention to the possible amount of the business.

Additional provision fifth. Modifications and regulatory developments.

The Government will carry out the amendments and regulatory developments that are necessary for the implementation of this Law.

Additional provision sixth. No increase in expenditure.

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

First transient disposition. Files on processing.

The files affected by this Law that will be processed at the time of its entry into force will continue to be processed in accordance with the previous legislation.

Second transient disposition. Inheritate inheritances in favor of public administration.

1. The declarations of the heir to the administration that are in the process of the entry into force of this law will continue to be dealt with, until their resolution, according to the previous legislation, by the judicial organs who were aware of them.

2. The distribution of the flow rate in the case of the abdicate inheritance in favour of the General Administration of the State will be carried out in accordance with the previous legislation when the entry into force of this Law would have been published in the " Official Journal of the Status " the corresponding call.

Transitional provision third. Voluntary auction files.

Voluntary auctions to be held until October 15, 2015 will be governed by the provisions of the Civil Procedure Act approved by Royal Decree of 3 February 1881.

Transitional disposition fourth. Adoption and marriage files.

1. The adoption of the Law on the modification of the system of protection to children and adolescents will be governed by the provisions of the Law on Civil Procedure approved by Royal Decree of 3 February. of 1881.

2. The matrimonial files that are initiated before 30 June 2017 will continue to be processed by the Encharged of the Civil Registry in accordance with the provisions of the Civil Code and the Civil Registry Act of June 8, 1957.

Resolved favorably on the marriage file by the Encharged of the Civil Registry, the marriage can be celebrated, at the choice of the contrayents, before:

1. The Judge charged with the Civil Registry and the Judges of Peace by delegation of that.

2. ° The Mayor of the municipality where the marriage is celebrated or a councillor in whom the latter delegate.

3. The Registrar or Notary freely chosen by both contrayants who are competent in the place of celebration.

4. The diplomatic or consular officer charged with the Civil Registry abroad.

The provision of consent shall be in the form provided for in the Civil Code and in the Civil Registry Act of 8 June 1957, with the specialties established in this provision.

The marriage celebrated before the Encharged of the Civil Registry, Judge of Peace, Mayor or Councilmember in whom this delegate or before the judicial secretary will be recorded in the minutes; the one that is celebrated before Notary will consist in public deed. In both cases it must be signed, in addition to the one before it, by the contrayents and two witnesses.

Extended the act or authorized the public deed, will be given to each of the contrayentes accrediting copy of the celebration of the marriage and will be transmitted by the authorship, in the same day and by means of telematic, testimony or electronic copy of the document to the Civil Registry for registration, after qualification of the Encharged of the Civil Registry.

Transient disposition fifth. Marriages celebrated by religious, Jewish and Islamic religious confessions and for which they have obtained the recognition of notorious roots in Spain.

1. Until the entry into force of the fifth final provision of this law, the evangelical religious marriage shall apply the provisions of Article 7 of Law 24/1992, of 10 November, approving the agreement of cooperation of the State with the Federation of Evangelical Religious Entities of Spain, with the exception of paragraph 5, which shall be worded as follows:

" 5. Once the marriage is celebrated, the minister of worship will extend the express certification of the celebration of the same, with the necessary requirements for his registration and the indications of identity of the witnesses and the circumstances of the (a) a preliminary dossier which will necessarily include the name and surname of the Enladen of the Civil Registry or diplomatic or consular officer who has extended it. This certification shall be transmitted by electronic means, in the form that is regulated, together with the accreditative certification of the status of minister of worship, within the five-day period of the Encharged of the Civil Registry. competent for registration. It shall also extend in the two copies of the express diligence of the celebration of the marriage giving one to the contrayents and shall keep the other as the act of the celebration in the file of the officiant or the religious entity to the who represents the minister of worship. "

2. Until the entry into force of the sixth final provision of this law, the Jewish religious marriage shall apply the provisions of Article 7 of Law 25/1992 of 10 November, approving the Cooperation Agreement of the State with the Federation of the Israeli Communities of Spain, except for Article 7 (5), which is worded as follows:

" 5. Once the marriage is celebrated, the minister of worship will extend the express certification of the celebration of the same, with the necessary requirements for his registration and the indications of identity of the witnesses and the circumstances of the file which will necessarily include the name and surname of the Encharged of the Civil Registry or diplomatic or consular officer who has extended it. This certification shall be transmitted by electronic means, in the form that is regulated, together with the accreditative certification of the status of minister of worship, within the five-day period of the Encharged of the Civil Registry. competent for registration. It shall also extend in the two copies of the previous resolution of the express marriage capacity of the celebration of the marriage giving one to the contrayents and shall keep the other as the act of the celebration in the file of the officiant or of the religious entity that he represents as minister of worship. "

3. Until the entry into force of the seventh final provision of this law, an Islamic religious marriage shall apply the provisions of Article 7 of Law 26/1992 of 10 November, approving the Agreement on the Cooperation of the State with the Islamic Commission of Spain, with the exception of Article 7 (3), which is worded as follows:

" 3. Once the marriage has been concluded, the representative of the Islamic Community in which the marriage has been awarded shall extend the express certificate of the holding of the same, with the necessary requirements for its registration and the particulars of the circumstances of the file which will necessarily include the name and surname of the Civil Registry Officer or diplomatic or consular officer who has extended it. This certification shall be transmitted by electronic means, in such a way as to be determined, together with the accrediting certification of the capacity of the representative of the Islamic Community to hold marriages, in accordance with the provided for in Article 3 (1), within five days of the entry of the Civil Registry competent for registration. It shall also extend in the two copies of the previous resolution of the express diligence of the marriage celebration, giving one to the contrayents and shall keep the other as the act of the celebration in the file of the Community. "

4. Until the entry into force of Article 58a of Law 20/2011 of 22 July of the Civil Registry, the celebration of marriage in the religious form provided for by the churches, confessions, religious communities or federations thereof, registered in the Registry of Religious Entities, have obtained the recognition of notorious rooting in Spain, will require the previous resolution of marital capacity. If this procedure is completed, the Charge of the Civil Registry or diplomatic or consular officer who has intervened shall issue two copies of the judgment which shall, in any event, include proof of the judgment of the matrimonial capacity of the They will have to hand over to the minister of worship in charge of the celebration of marriage.

The consent must be given to a minister of worship and two older witnesses. In such cases, the consent shall be provided before six months have elapsed since the issue of the certificate of matrimonial capacity.

To these effects are considered ministers of worship to the physical persons engaged, with a stable character, to the functions of worship or religious assistance and to credit the fulfillment of these requirements by certification issued by the church, confession or religious community which has obtained the recognition of a notorious root in Spain with the conformity of the Federation which, if any, would have requested such recognition.

Once the marriage has been concluded, the officiant will extend the express certification of the celebration of the same, with the necessary requirements for its registration and the indications of the identity of the witnesses and the circumstances of the a prior act which will necessarily include the name and surname of the Encharged of the Civil Registry or diplomatic or consular officer who has extended it. This certification shall be transmitted by electronic means, in the form that is regulated, together with the accreditative certification of the status of minister of worship, within the five-day period of the Encharged of the Civil Registry. competent for registration. It shall also extend in the two copies of the previous resolution of the express marriage capacity of the celebration of the marriage giving one to the contrayents and shall keep the other as the act of the celebration in the file of the officiant or of the religious entity to which he represents as minister of worship.

Single repeal provision. Repeal of rules.

1. Articles 4, 10, 11, 63, 460 to 480, 977 to 1000, 1811 to 1879, 1901 to 1918, 1943 to 2174 of the Act of Civil Procedure approved by Royal Decree of 3 February 1881 are hereby repealed.

2. Article 316 of the Civil Code is repealed.

3. Articles 84 to 87 of Law 19/1985, of 16 July, of Change and of the Chéque shall be repealed.

4. They are also deemed to be repealed, in accordance with Article 2 (2) of the Civil Code, as many rules are or are incompatible with the provisions of this Law.

Final disposition first. Modification of certain articles of the Civil Code.

The Civil Code is amended as follows:

One. Article 47 is worded as follows:

" Article 47. They also cannot marry each other:

1. (...)

2. (...)

3. Those convicted of having participated in the death of the spouse or person with whom they were united by analogous relationship of affectivity to the spousal. "

Two. Article 48 is amended as follows:

" The Judge may dispense, with just cause and at the request of a party, by means of a prior judgment given in the case of a voluntary jurisdiction, the impediments to the death of the spouse or person with whom he has been united. by analogous relationship of affectivity to the spousal and the third-degree kinship between collateral. The subsequent waiver, since its conclusion, is valid for a marriage whose nullity has not been legally established by any of the parties. "

Three. Article 49 is worded as follows:

" Any Spanish may contract marriage in or outside Spain:

1. º In the form regulated in this Code.

2. º In the legally intended religious form.

You may also contract marriage outside Spain in accordance with the law of the place of celebration. "

Four. The heading of Section 2 of Chapter III of Title IV of Book I is amended, as follows:

" Section 2. From the celebration of marriage "

Five. Article 51 is worded as follows:

" Article 51.

1. The competence to establish by record or record the fulfilment of the capacity requirements of both contrayants and the absence of impediments or their waiver, or any gender of obstacles to marriage shall correspond to the Judicial Secretary, Notary or Chargé of the Civil Registry of the place of the domicile of one of the contrayentes or the diplomatic or consular official charged with the Civil Registry if they reside abroad.

2. You will be competent to celebrate marriage:

1. The Peace Judge or Mayor of the municipality where the marriage is celebrated or a councillor in whom the latter delegate.

2. The Registrar or Notary freely chosen by both contrayants who are competent in the place of celebration.

3. The diplomatic or consular officer charged with the Civil Registry abroad. "

Six. Article 52 is worded as follows:

" May celebrate the marriage of the one in danger of death:

1. The Judge of Peace, Mayor or Councillor in whom you delegate, judicial secretary, notary or official referred to in article 51.

2. The immediate Senior Officer or Chief of Staff with respect to the military on the campaign trail.

3. The Captain or Commander in respect of marriages to be held on board aircraft or aircraft.

The marriage in danger of death shall not require for its conclusion the prior processing of the marriage record, but if the presence, in its celebration, of two older witnesses and, when the danger of death a disease or physical state of any of the contrayents, medical advice on their ability to provide the consent and the seriousness of the situation, unless it is not possible to be accredited, without prejudice to the provisions of the Article 65. "

Seven. Article 53 is worded as follows:

" The validity of the marriage will not be affected by the incompetence or lack of appointment of the Judge of Peace, Mayor, Councilmember, Judicial Secretary, Notary or official before whom it is celebrated, provided that at least one of the Spouses would have proceeded in good faith and those who exercised their functions publicly. "

Eight. Article 55 is worded as follows:

" One of the contrayants will be able to marry by proxy, to whom he will have to have granted special power in authentic form, being always necessary the personal assistance of the other contractor.

The person with whom the marriage is to be held will be determined, with the expression of the precise personal circumstances in order to establish his or her identity, and the judicial secretary, Notary, must appreciate its validity. In charge of the Civil Registry or official who is proceeding with the marriage certificate or record prior to the marriage.

The power will be extinguished by the revocation of the power, by the resignation of the proxy or by the death of any of them. In the event of revocation by the mightily, his manifestation will be sufficient in authentic form before the celebration of the marriage. The revocation shall be immediately notified to the Registrar, Notary, Charged of the Civil Registry or official who will process the record or file prior to the marriage, and if it is already finalized to whom it will be celebrated. "

Nine. Article 56 is worded as follows:

" Those who wish to enter into a marriage shall be previously accredited in the minutes or the file processed in accordance with the legislation of the Civil Registry, meeting the capacity requirements and the absence of impediments or their waiver, agreement with the provisions of this Code.

If any of the contrayents are affected by mental, intellectual or sensorial deficiencies, they will be required by the Judicial Secretary, Notary, Charged of the Civil Registry or official who will process the record or file, medical advice on the ability to give consent. '

Ten. Article 57 is worded as follows:

" The marriage dealt with by the judicial secretary or by a consular or diplomatic officer may be held before the same or any other person, or before the Judge of Peace, Mayor or Councilmember in whom this delegate, at the choice of the (i) If it has been dealt with by the Encharged of the Civil Registry, the marriage shall be held before the Judge of Peace, Mayor or Councillor in whom the latter delegate, who appoint the contrayants.

Finally, if it were the Notary who had extended the marriage act, the contrayents may grant the consent, at their choice, to the same Notary or any other than the one that had dealt with the prior act, the Judge of Peace, Mayor or Councillor in whom this delegate. "

Once. Article 58 is worded as follows:

" The Judge of Peace, Mayor, Councillor, Judicial Secretary, Notary or Official, after reading Articles 66, 67 and 68, will ask each of the contrayants if he consents to marry the other and if effectively contracts it in that act and, responding both affirmatively, will declare that the same are united in marriage and will extend the act or authorize the corresponding writing. "

Twelve. Article 60 is worded as follows:

" 1. Marriage concluded in accordance with the rules of Canon Law or in any other religious form provided for in the cooperation agreements between the State and religious confessions produces civil effects.

2. Likewise, civil effects are recognized on the marriage celebrated in the religious form provided by the churches, confessions, religious communities or federations of the same ones that, registered in the Registry of Religious Entities, have obtained the recognition of notorious roots in Spain.

In this case, the recognition of civil effects will require compliance with the following requirements:

(a) The processing of a prior record or file of marital capacity in accordance with the regulations of the Civil Registry.

b) The free expression of consent before a duly accredited minister of worship and two older witnesses.

The status of a minister of worship will be accredited by certification issued by the church, confession or religious community that has obtained the recognition of notorious roots in Spain, with the conformity of the federation which, where appropriate, has requested such recognition.

3. For the full recognition of the civil effects of the marriage held in a religious manner, the following Chapter shall apply. "

Thirteen. Article 62 is worded as follows:

" The celebration of the marriage shall be recorded by means of public deed or deed to be signed by the person who is celebrated, the contrayents and two witnesses.

Extended the act or authorized public deed, will be transmitted by the authorizing copy of the celebration of the marriage to the competent Civil Registry, for its registration, after qualification by the Encharged of the same. "

Fourteen. Article 63 is worded as follows:

" The inscription of the marriage celebrated in Spain in a religious form will be practiced with the simple presentation of the certification of the church, or confession, religious community or respective federation, that will have to express the circumstances required by the legislation of the Civil Registry.

The practice of the seat shall be refused when the documents presented or the seats of the Registry show that the marriage does not meet the requirements for validity of the seat. "

Fifteen. Article 65 is worded as follows:

" In cases where the marriage has been concluded without the corresponding file or prior act having been processed, if necessary, the Registrar, Notary, or the diplomatic or consular officer of the Civil Registry which has concluded it, before performing the proceedings to be registered, it shall check whether the legal requirements for its validity are met, by way of processing the record or file referred to in this Article Article.

If the celebration of the marriage has been performed before the competent authority or person other than those indicated in the preceding paragraph, the act of the marriage shall be transmitted to the Encharged of the Civil Registry of the place of celebration for to verify the validity requirements, by means of the relevant file. After this check, the Encharged of the Civil Registry shall register. "

Sixteen. The number 3. of Article 73 is amended as follows:

"3. No one to be contracted without the intervention of the Judge of Peace, Mayor or Councillor, Judicial Secretary, Notary or official to whom it is to be held, or without that of the witnesses."

seventeen. The first paragraph of Article 81 is worded as follows:

"Separation shall be judicially decreed where there are minor children not emancipated or with the judicially modified capacity dependent on their parents, whatever the form of celebration of the marriage."

Eighteen. Article 82 is worded as follows:

" 1. The spouses may agree to their separation of mutual agreement after three months from the date of the marriage by means of the formulation of a regulatory agreement with the Registrar or in public writing to Notary, in which, together with the unequivocal determination to separate shall determine the measures to be taken to regulate the effects of the separation in accordance with the terms laid down in Article 90. Diplomatic or consular officials, in the exercise of the notarial functions assigned to them, may not authorize public writing of separation.

The spouses must intervene in the granting of personal mode, without prejudice to the fact that they must be assisted by Letrado in exercise, giving their consent to the Secretary of the Court or Notary. Likewise, the elderly or the children who are emancipated must give their consent to the judicial or notary secretary in respect of the measures that affect them because they lack their own income and live in the family home.

2. The provisions of this Article shall not apply where there are minor children who are not emancipated or who are legally modified to be dependent on their parents. "

nineteen. Article 83 is worded as follows:

" The judgment or decree of separation or the granting of the public deed of the regulatory agreement that determines it produces the suspension of the common life of the married and ceases the possibility to link the goods of the other spouse in the exercise of domestic authority.

The effects of the marriage separation will be produced from the firmness of the judgment or decree that thus declares it or from the manifestation of the consent of both spouses granted in public deed in accordance with the provisions of the in Article 82. A statement of the judgment or decree, or a copy of the public deed to the Civil Registry, shall be sent for registration without, until the registration is taking place, full effects against third parties in good faith. "

Twenty. Article 84 is worded as follows:

" Reconciliation puts an end to the separation procedure and leaves no further effect as resolved in it, but both spouses separately must bring it to the attention of the Judge who understands or has understood in the dispute. However, by judicial decision, the measures taken in relation to the children shall be maintained or amended where there is cause to justify it.

Where the separation has taken place without judicial intervention, in the manner provided for in Article 82, the reconciliation shall be formalized in public deed or act of demonstrations.

Reconciliation must be registered, in order to be effective against third parties, in the corresponding Civil Registry. "

Twenty-one. Article 87 is worded as follows:

" The spouses may also agree to their divorce by mutual agreement through the formulation of a regulatory agreement with the Registrar or in public writing before Notary, in the form and with the content regulated in the Article 82, the same requirements and circumstances as are required in the. Diplomatic or consular officials, in the exercise of the notarial functions assigned to them, may not authorize public divorce writing. "

Twenty-two. Article 89 is worded as follows:

" The effects of the dissolution of marriage by divorce will occur from the firmness of the judgment or decree that has declared it or since the manifestation of the consent of both spouses granted in public deed in accordance with the provisions of Article 87. It will not harm third parties in good faith but from their respective registration in the Civil Registry. "

Twenty-three. Article 90 is amended as follows:

" 1. The regulatory agreement referred to in Articles 81, 82, 83, 86 and 87 shall contain, at least and whenever applicable, the following:

(a) The care of the children who are subject to the parental authority of the two, the exercise of the latter and, where appropriate, the system of communication and residence of the children with the parent who does not normally live with them.

b) If deemed necessary, the regime of visits and communication of the grandchildren with their grandparents, taking into account, always, the interest of those.

c) The attribution of the use of housing and family life.

d) The contribution to the burdens of marriage and food, as well as their databases and guarantees in their case.

e) The settlement, where applicable, of the economic regime of the marriage.

(f) The pension which, in accordance with Article 97, corresponds, where appropriate, to one of the spouses.

2. The agreements of the spouses adopted to regulate the consequences of the annulment, separation and divorce submitted to the court or tribunal shall be approved by the Judge unless they are harmful to the children or seriously prejudicial to one of the spouses.

If the parties propose a regime of visits and communication of the grandsons with the grandparents, the Judge may approve it after hearing the grandparents in which they give their consent. The refusal of the agreements must be made by means of a reasoned decision and in this case the spouses must submit, for consideration by the court, a new proposal for their approval, if appropriate.

When the spouses formalise the agreements with the Registrar or Notary and they consider that, in their judgment, one of them may be harmful or seriously prejudicial to one of the spouses or to the elderly or They will be given notice to the licensors and the file will be terminated. In this case, the spouses may only go before the Judge for the approval of the proposed regulatory agreement.

From the approval of the regulatory agreement or the granting of public deed, agreements can be made effective through the award path.

3. The measures which the Judge shall adopt in accordance with or those agreed by the spouses judicially, may be amended judicially or by a new agreement approved by the Judge, where the new needs of the children or the change are advisable. of the circumstances of the spouses. Measures that have been agreed to before the Secretary of the Court or in public deed may be modified by a new agreement, subject to the same requirements as are required in this Code.

4. The Judge or the parties may establish the actual or personal guarantees required to comply with the agreement. "

Twenty-four. The first paragraph of Article 95 is amended, which shall be worded as follows:

" The final judgment, the firm decree or the public deed that formalize the regulatory agreement, if any, will produce, with respect to the property of the marriage, the dissolution or extinction of the matrimonial property regime and approve their settlement if there is mutual agreement between the spouses in this respect.

If the judgment of nullity declares the bad faith of one of the spouses only, the one who has worked in good faith may choose to apply in the liquidation of the matrimonial property regime the provisions relating to the participation and that of bad faith will not have the right to participate in the profits obtained by its consort. "

Twenty-five. The last paragraph of Article 97 is worded as follows:

" In the judicial decision or in the regulatory agreement formalized before the judicial secretary or the notary, the periodicity, the form of payment, the bases for updating the pension, the duration or the moment of cessation and the guarantees for their effectiveness. "

Twenty-six. Article 99 is worded as follows:

" At any time the replacement of the pension fixed judicially or by a regulatory agreement formalized under Article 97 may be agreed upon for the formation of a life income, the usufruct of certain goods or the delivery of a capital in goods or in money. "

Twenty-seven. Article 100 is worded as follows:

" Fixed the pension and the basis of your update in the separation or divorce judgment, it may only be modified by alterations in the fortune of one or other spouse who so advise.

The pension and the updating bases set out in the regulatory agreement formalized before the Registrar or Notary may be modified by new agreement, subject to the same requirements as are required in this Code. "

Twenty-eight. Article 107 (2) is worded as follows:

" 2. Legal separation and divorce shall be governed by the rules of the European Union or Spain under private international law. "

Twenty-nine. The second paragraph of Article 156 is worded as follows:

" In case of disagreement, either of the two will be able to go to the Judge, who, after hearing both and the child if he has sufficient maturity and, in any case, if he is more than twelve years, he will attribute the power to decide the father or the mother. If the disagreements are repeated or any other cause that seriously hinders the exercise of the parental authority, it may be attributed in whole or in part to one of the parents or to distribute among them their functions. This measure shall be valid for the period to be fixed, which may not exceed two years. "

Thirty. The last paragraph of Article 158 is worded as follows:

"All such measures may be taken within any civil or criminal proceedings or in a file of voluntary jurisdiction."

Thirty-one. Article 167 is worded as follows:

" When the parent's administration endangers the child's estate, the Judge, at the request of the child himself, of the Prosecutor's Office or of any relative of the child, may take the measures he deems necessary. for the security and collection of the goods, require caution or bail for the continuation in the administration or even appoint an Administrator. "

Thirty-two. The first subparagraph of Article 173 (3) shall be worded as follows:

" 3. If the parents or the guardian do not consent or oppose it, the reception may only be agreed by the Judge, in the interests of the child, in accordance with the procedures of the Law of Voluntary Jurisdiction. The proposal of the Public Entity shall contain the same ends as the previous number. "

Thirty-three. The first subparagraph of Article 176 (2) is amended, which is worded as follows:

" 2. In order to initiate the adoption file, the prior proposal of the Public Entity is necessary in favor of the adopter or adopters that the Public Entity has declared suitable for the exercise of the parental authority. The suitability statement shall be prior to the proposal. "

Thirty-four. Article 177 (2) is amended as follows:

" 2. They should settle for adoption:

1. The spouse of the adopter or the person to whom he or she is bound by the same relationship of affectivity to the spousal, provided that he is not also an adopter, except that he mediates legal separation.

2. The progenitors of the adopting that they are not emancipated, unless they are deprived of the homeland power by firm sentence or incourses in legal cause for such deprivation. This situation can only be seen in the contradictory judicial procedure governed by the Civil Procedure Act.

It will not be necessary to assent when those who have to lend it are unable to do so, it is impossible for them to be highly appreciated in the judicial resolution that constitutes the adoption.

Mother's consent may not be provided until thirty days have elapsed since delivery. "

Thirty-five. Article 181 is worded as follows:

" In any case, a person from his or her last residence or from the place of his last residence, without having had any more news, may the judicial secretary, at the request of an interested party or of the Prosecutor's Office, appoint a (a) to protect and represent the missing person on trial or in business which does not admit any delay without serious injury. The cases in which he was legitimately represented voluntarily in accordance with Article 183 are excepted.

The older spouse who is not legally separated will be the representative and defender born of the missing person; and, due to his lack, the next of kin will be the next to the fourth grade, also of age. In the absence of relatives, no presence of the same or known urgency, the judicial secretary will appoint a solvent and a good background, after hearing the Prosecutor's Office.

You may also adopt, in accordance with your prudent arbitration, the necessary measures for the conservation of the heritage. "

Thirty-six. The last paragraph of Article 183 is worded as follows:

" The president's justified death or resignation, or the expiration of the mandate, determines the legal absence, if the whereabouts of the missing person are ignored and one year after the date of the breaking news, and, failing that, since his disappearance. Registered in the Civil Registry the declaration of absence, all general or special mandates granted by the absentee are extinguished. "

Thirty-seven. Article 184 is worded as follows:

" Unless a serious reason is appreciated by the judicial secretary, it is the representation of the declared absentee, the investigation of his person, the protection and administration of his assets and the fulfillment of his obligations:

1. The age of the older spouse not legally separated or in fact.

2. The oldest child; if there were several, those who lived with the absent and the oldest would be preferred.

3. º The nearest parent of the least age of one line or other.

4. To older siblings who have become familiarly with the absent, with the greatest preference over the minor.

In the absence of the persons expressed, it is in all its extension to the person solvent of good antecedents that the judicial secretary, heard the fiscal ministry, designates to its prudent arbitrio. "

Thirty-eight. Article 185 is worded as follows:

" The representative of the declared absentee shall be subject to the following obligations:

1. Invented the movable property and describe the properties of its represented.

2. First to guarantee that the judicial secretary prudentially establishes. The numbers 1, 2, 2 and 3 of the preceding article are exempted.

3. Keep and defend the heritage of the absent and obtain from your goods the normal returns of being susceptible.

4. To adjust to the rules that in order to the possession and administration of the goods of the absent are established in the Law of the Civil Procedure.

They shall be applicable to the dative representatives of the absent, as soon as they adapt to their special representation, the precepts that regulate the exercise of the guardianship and the causes of the inability, removal and excuse of the guardians. "

Thirty-nine. Article 186 is worded as follows:

" The legitimate representatives of the declared absent in the numbers 1, 2, 2 and 3. of Article 184 shall enjoy the temporary possession of the assets of the absent and shall make their products liquid in the amount that the Judicial Secretary, taking into account the amount of the fruits, income and benefits, number of children of the absentee and maintenance obligations for the same, care and actions that the representation requires, conditions that are taxed to the heritage and other circumstances of its own nature.

The legitimate representatives included in the number 4. of the expressed article will enjoy, also, the temporary possession and will make their own the fruits, rents and benefits in the amount that the judicial secretary points out, without that in no case can they retain more than two thirds of the liquid products, reserving the remaining third for the absent, or, where appropriate, for their heirs or successors.

The temporary holders of the goods of the absentee will not be able to sell them, to tax, to mortgage them or to give them in garment, but in case of necessity or utility evident, recognized and declared by the judicial secretary, who, when authorizing such acts shall determine the use of the quantity obtained. '

Forty. Article 187 is worded as follows:

" If, during the enjoyment of the temporary possession or the exercise of the representation of the representative, any person has proved his right to such possession, the current holder shall be excluded, but the holder shall not be entitled to the goods but to from the day of the filing of the claim.

If the absent person appears, his or her assets must be returned to him, but not the products received, except in bad faith, in which case the refund shall also include the income received and the amount due from the day in that it was produced, according to the statement of the judicial secretary. "

Forty-one. Article 194 (2), (3) and (4) are worded as follows:

" 2. of which it is established that they were on board a ship whose shipwreck or disappearance by immersion in the sea has been ascertained, or on board an aircraft whose casualty has been verified and there is evidence rational absence of survivors.

3. Of which no news is reported after it has been established that they were on board a ship whose shipwreck or disappearance by immersion in the sea has been ascertained or on board an aircraft of which the accident occurred. verified, or, if human remains were found in such assumptions, and could not have been identified, after eight days have elapsed.

4. of those on board a ship that is presumed to be shipwrecked or missing by immersion in the sea, because it does not reach its destination, or if it lacks a fixed point of arrival, does not return and there is rational evidence of the absence of survivors, after a month has elapsed in either case since the last news received or, for lack thereof, from the date of departure of the ship from the initial port of the voyage.

5. of those on board an aircraft that is presumed to be affected by the voyage over seas, desert or uninhabited areas, because they do not reach their destination, or if they lack a fixed point of arrival, do not return, and there is rational evidence of the absence of survivors, after any of the cases have elapsed a month since the last news of the persons or the aircraft and, failing that, since the date of the start of the journey. If this is done in stages, the deadline indicated shall be computed from the point of departure from which the latest news was received. '

Forty-two. Article 196 is worded as follows:

" Sign the declaration of death of the absent, the succession shall be opened in the goods of the absent person, proceeding to their award in accordance with the provisions of the law.

Heirs will not be able to have a free title until five years after the declaration of death.

Until the same deadline passes, the legacies, if any, will not be handed over, nor will they be entitled to demand them, except for the pious hands in suffrage of the soul of the testator or the legacies in favor of the institutions. of beneficence.

It will be an unavoidable obligation of the successors, although because it is only one not necessary partition, the one to form a detailed inventory of the movable property and a description of the buildings. "

Forty-three. The heading of Chapter III of Title VIII of the Book is amended:

"From enrollment in the Civil Registry"

Forty-four. Article 198 is worded as follows:

" In the Civil Registry the declarations of disappearance, legal and death absence, as well as the legitimate and dative representations agreed upon, and their extinction shall be recorded.

Also, the inventories of movable property and description of buildings in this Title shall be recorded; the decrees of granting and the scriptures of transmissions and levies carried out by the legitimate representatives; or datives of the absent; and the writing of the description or inventory of the goods, as well as of the writings of partition and adjudication made by virtue of the declaration of death or of the minutes of protocolization of the notebooks partitionals in their respective cases. "

Forty-five. Article 219 is worded as follows:

"The registration of the resolutions referred to in the previous article shall be carried out by virtue of testimony sent to the Encharged of the Civil Registry."

Forty-six. Article 249 is worded as follows:

"During the processing of the removal file, the guardian may be suspended in its duties and a judicial defender appointed to the tutoring."

Forty-seven. Article 256 is worded as follows:

" As long as the excuse is resolved, the one who has proposed it will be obliged to exercise the function.

Not doing so, you will proceed to appoint a defender to replace you, with the replacement being responsible for all expenses caused by the excuse if it is rejected. "

Forty-eight. Article 259 is worded as follows:

"The Registrar shall be responsible for the appointment of the appointed guardian."

Forty-nine. Article 263 is worded as follows:

"The Registrar may extend this period in a reasoned decision if he is a cause for that."

Fifty. Article 264 is worded as follows:

"The inventory shall be filed with the Secretary of the Court with the intervention of the Prosecutor's Office and with the summons of the persons deemed appropriate."

Fifty-one. Article 265 is worded as follows:

" Money, cards, precious objects and transferable securities or documents which, in the judgment of the Registrar, must not be held by the guardian shall be deposited in an establishment intended for this purpose.

The expenses that the previous measures will cause to be borne by the property of the tutoring. "

Fifty-two. Article 299 a is worded as follows:

" When it becomes known that a person must be subjected to guardianship or curatela, and as long as no judicial resolution is passed that ends the procedure, the Prosecutor's Office will assume its representation and defense. In such a case, where in addition to the care of the person the goods are to be taken, the Registrar may appoint a judicial defender to administer the goods, who shall be accountable to him after the end of his term of office. "

Fifty-three. Article 300 is worded as follows:

"In case of a voluntary jurisdiction, on its own initiative or at the request of the Prosecutor's Office, of the child himself or of any person who is capable of appearing on trial, an advocate shall be appointed to whom he is best suited to the position."

Fifty-four. Article 302 is worded as follows:

"The judicial defender shall have the privileges granted to him, and shall be accountable for his/her management after the end of the term."

Fifty-five. Article 314 is worded as follows:

" Emancipation takes place:

1. º For the oldest age.

2. º By concession of those who exercise parental authority.

3. º By judicial grant. "

Fifty-six. Article 681 is worded as follows:

" Article 681.

They will not be able to witness in wills:

First. Minors, except as provided for in Article 701.

Second. No content.

Third. Those who do not understand the language of the testator.

Fourth. Those who do not present the necessary discernment to develop the work testify.

Fifth. The spouse or relatives within the fourth degree of consanguinity or second degree of authorship affinity and those with this working relationship. "

Fifty-seven. Article 689 is worded as follows:

" The will of the olograph will have to be protocolized, presenting it, in the five years following the death of the testator, before Notary. This will extend the protocol of protocolization in accordance with the notarial legislation. "

Fifty-eight. Article 690 is worded as follows:

" The person who has a will in his or her will have to present him to the competent Notary in the ten days following the one in which he has knowledge of the death of the testator. Failure to comply with this duty will cause you to be liable for any damages you have caused.

You may also present it to anyone who has an interest in the will as an heir, legator, executor or otherwise. "

Fifty-nine. Article 691 is worded as follows:

"Presented the olograph will and credited the death of the testator, shall be made to his notice according to the notarial legislation."

Sixty. Article 692 is worded as follows:

"Adverado the will and credited the identity of its author, will proceed to its protocolization."

Sixty-one. Article 693 is worded as follows:

" The Notary, if he considers the authenticity of the will to be accredited, shall authorize the act of protocolization, in which he shall record the actions taken and, where appropriate, the observations expressed.

If the will is not noticed, because the identity of the grantor is not sufficiently accredited, the file of the case will proceed without protocolizing that file.

Authorized or not the protocolization of the olograph will, non-compliant stakeholders will be able to exercise their rights in the appropriate judgment. "

Sixty-two. The second paragraph of Article 703 is amended as follows:

" When the testator dies within that period, the will also be ineffective if within three months of the death the Notary competent to raise it to public deed does not appear, granted in writing, already verbally. "

Sixty-three. Article 704 is amended as follows:

"Testaments granted without notice of the Notary will be ineffective if they are not raised to public deed and are protocolated in the form prevented in the notarial legislation."

Sixty-four. Article 712 is worded as follows:

" 1. The person holding a closed will must present him to the competent Notary within 10 days of the person in which he or she has knowledge of the death of the testator.

2. The Notary authorizing a closed will, constituted as a depositary of the same by the testator, must communicate, within ten days after he becomes aware of his death, the existence of the will to the surviving spouse, to the descendants and ascendants of the testator and, failing these, the collateral relatives up to the fourth grade.

3. In the two previous cases, if you do not know the identity or domicile of these persons, or if their existence is ignored, the Notary must give the publicity that determines the notarial legislation.

Failure of this duty, as well as that of the filing of the will by whoever has it in your possession or by the Notary, will hold you responsible for the damages caused. "

Sixty-five. The first paragraph of Article 713 is worded as follows:

" The one who with dolo ceases to present the closed will in his power within the time limit set in the previous article, in addition to the responsibility that in it is determined, will lose all right to the inheritance, if it has as an heir to or as an heir or a legator by a will. "

Sixty-six. Article 714 is worded as follows:

"For the opening and protocolization of the closed will the provisions of the notarial legislation will be observed."

Sixty-seven. Article 718 is worded as follows:

" The wills granted under the two previous articles must be referred as soon as possible to the Headquarters and, by this, the Ministry of Defense.

The Ministry, if the testator has passed, will forward the will to the Notary College corresponding to the last address of the deceased, and if not known, he will forward it to the Notary College in Madrid.

The Notary College will forward the will to the Notary corresponding to the last address of the testator. Received by the Notary, in the next ten days, it must communicate its existence to the heirs and other persons interested in the succession, so that they may appear before him in order to protocolise him in accordance with the provisions of the law. "

Sixty-eight. Paragraphs 1, 2 and 3 of Article 756 are worded as follows:

" 1. He who was convicted of a firm sentence for having committed an attack on life, or a serious penalty for having caused injury or for having habitually exercised physical or mental violence in the family's sphere to the deceased, his or her spouse, a person to whom he or she united by analogous relationship of affectivity or any of its descendants or ascendants.

2. He who was convicted of a firm sentence for crimes against freedom, moral integrity and sexual freedom and compensation, if the offence is the cause, his or her spouse, the person to whom he or she is united by a similar relationship of affectivity or their descendants or ascendants.

The sentenced person for a serious sentence for having committed a crime against family rights and duties in respect of the inheritance of the aggrieved person.

Also the private by firm resolution of the parental authority, or removed from the exercise of the protection or family accommodation of a minor or person with the capacity modified judicially for cause that is imputable to him, inheritance from the same.

3. He who would have accused the perpetrator of a crime for which the law points out a serious penalty, if convicted of false denunciation. "

Sixty-nine. Article 834 is worded as follows:

"The spouse who, upon death, is not separated from this legally or in fact, if he or she concurs with the inheritance with children or descendants, shall be entitled to the usufruct of the third intended for improvement."

Seventy. Article 835 is worded as follows:

" If, among the separated spouses, there was a reconciliation mediated by the court that knew of the separation or the Notary that granted the public deed of separation in accordance with Article 84 of this Code, the survivor will retain his rights. "

Seventy-one. Article 843 is worded as follows:

"Except express confirmation of all children or descendants of the partition referred to in the above two articles shall require approval by the Registrar or Notary."

Seventy-two. Article 899 is worded as follows:

"The executor who accepts the charge is an obligation to perform it; but he may resign on the grounds of the judgment of the Registrar or Notary."

Seventy-three. Article 905 is worded as follows:

" If the testator would like to extend the legal deadline, he must expressly point out the extension. If it has not been indicated, the period for one year shall be extended. If, after this extension, the will of the testator has not yet been fulfilled, the Registrar or Notary may grant another for as long as necessary, in the circumstances of the case. "

Seventy-four. Article 910 is worded as follows:

" Termine the albacealty for the death, impossibility, resignation or removal of the executor, and for the lapse of the term indicated by the testator, by the law and, if necessary, by the interested parties. Removal must be appreciated by the Judge. "

Seventy-five. Article 945 is worded as follows:

"The appeal referred to in the previous article shall not take place if the spouse is legally or in fact separated."

Seventy-six. Article 956 is worded as follows:

" In the absence of persons entitled to inherit under the provisions of the foregoing Sections, the State shall inherit the State who, in the settlement of the hereditary flow, shall enter the resulting amount in the Treasury. Public, except that, by the nature of the assets inherited, the Council of Ministers agrees to give them, in whole or in part, another application. Two-thirds of the value of such a flow rate shall be allocated for purposes of social interest, with the addition of the tax allocation for these purposes in the General Budget of the State. "

Seventy-seven. Article 957 is worded as follows:

" The rights and obligations of the State shall be the same as those of the other heirs, but the inheritance shall be deemed to have been accepted for the benefit of the inventory, without any need for any statement on it, for the purposes of lists Article 1023. "

Seventy-eight. Article 958 is worded as follows:

"In order for the State to take possession of the hereditary property and rights, it shall precede the administrative declaration of the heir, and the goods shall be awarded for the absence of legitimate heirs."

Seventy-nine. Article 1005 is worded as follows:

" Any person who is interested in stating his interest in the heir accepting or repudiating the inheritance may go to the Notary to communicate to the call that he has a period of thirty calendar days to accept pure or simply, or to the benefit of inventory, or to repudiate the inheritance. The Notary will also indicate that if you do not manifest your will in this term you will understand the pure inheritance and simply. "

Eighty. Article 1008 is worded as follows:

"The repudiation of the estate must be made before Notary in public instrument."

Eighty-one. Article 1011 is worded as follows:

"The declaration of making use of the inventory benefit must be made to Notary."

Eighty-two. Article 1014 is worded as follows:

" The heir who has the inheritance or part of it and wants to use the benefit of inventory or the right to deliberate, must communicate it to Notary and ask within thirty days to count from the one in which know to be such an heir to the formation of notarial inventory with summons to creditors and legal persons to attend to witness it if it is agreed. "

Eighty-three. Article 1015 is worded as follows:

" Where the heir does not have the inheritance or part of it in his or her possession, nor has he practised any management as such, the time limit expressed in the preceding article shall be counted from the day following that in which the time limit expires. have been set to accept or repudiate the inheritance in accordance with Article 1005, or from the day on which it was accepted or managed as an heir. "

Eighty-four. Article 1017 is worded as follows:

" The inventory shall be commenced within thirty days following the summons of the creditors and the legatees, and shall conclude within another sixty days.

If the long-distance goods are to be found or are very large, or otherwise fair, they seem to be insufficient for these sixty days, the Notary may extend this term for as long as it deems necessary, without it being able to exceed of one year. "

Eighty-five. Article 1019 is worded as follows:

" The heir who has reserved the right to deliberate, must manifest to the Notary, within thirty days from the next to the one in which the inventory has been concluded, if he repudiates or accepts the inheritance and if whether or not to use the inventory benefit.

After thirty days without making such a manifestation, it will be understood that you accept it purely and simply. "

Eighty-six. Article 1020 is worded as follows:

" During the formation of the inventory and up to the acceptance of the inheritance, at the request of a party, the Notary may adopt the necessary provisions for the administration and custody of the hereditary property in accordance with the is prescribed in this Code and in the notarial legislation. "

Eighty-seven. Article 1024 is worded as follows:

" The heir will lose the inventory benefit:

1. No. If knowingly, I shall cease to include in the inventory any of the assets, rights, or actions of the estate.

2. º If before you complete the payment of the debts and bequeathed assets of the estate without authorization from all the interested parties, or do not tell the price of the sold the determined application when granting the authorization.

However, it may be able to have marketable securities that are on a secondary market through disposal in that market, and from other goods through its sale at a notarial public auction previously notified to all the parties concerned, specifying in both cases the application to be made at the price obtained. '

Eighty-eight. Article 1030 is worded as follows:

" When the sale of hereditary property is necessary for the payment of the credits and the legacies, it shall be carried out in the form set out in the second paragraph of Article 1024 of this Code, except if all heirs, creditors and legal persons shall agree otherwise. '

Eighty-nine. The first paragraph of Article 1033 is amended as follows:

" Inventory expenses and other actions to which the administration of the accepted inheritance to the benefit of inventory and the defense of their rights, shall be charged with the same inheritance. Except for expenses attributable to the heir who has been personally convicted for his or her wilful or bad faith.

The same shall be understood as regards the costs incurred in making use of the right to deliberate, if the heir repudiates the inheritance. "

Ninety. Article 1057 is worded as follows:

"The testator may entrust by act" inter vivos "or" mortis causa " for after his death the simple ability to make the partition to any person who is not one of the cohereners.

No will, contador-partidor in the appointed or vacant position, the judicial secretary or the Notary, at the request of heirs and legatees representing, at least, 50 per 100 of the hereditary, and with summons of Other interested parties, if their registered office is known, may appoint a dative counter-party, according to the rules established by the Law on Civil Procedure and Notary for the designation of experts. The partition thus performed shall require approval from the Registrar or the Notary, unless expressly confirmed by all the heirs and legatees.

The provisions of this article and in the previous article will be observed even if among the confreres there are some subject to parental authority, guardianship or curatela; but the counter-party must in these cases invent the assets of the inheritance, with a summons from the legal representatives or curators of such persons. "

Ninety-one. Article 1060 is worded as follows:

" When minors or persons with legal modified capacity are legally represented in the partition, the intervention or the judicial authorization will not be necessary, but the guardian will need judicial approval from the partition. The judicial defender appointed to represent a minor or person with a judicially modified capacity in a partition shall obtain the approval of the Judge, if the Registrar has not provided otherwise when making the appointment. "

Ninety-two. Article 1176 is worded as follows:

" If the creditor to whom the offer of payment is made in accordance with the provisions governing it, shall be refused, expressly or in fact, without reason to admit it, to grant the document justifying the payment of the cancellation of the guarantee, if any, the debtor shall be free of liability by means of the consignment of the item due.

The consignment alone will produce the same effect when the creditor is absent from the place where the payment is to be made, or when it is prevented from receiving it at the time it is to be made, and when several persons intend to have the right to charge, be the unknown creditor, or have lost the title that has incorporated the obligation.

In any event, the entry shall be made in all cases where compliance with the obligation is made more burdensome to the debtor for reasons not attributable to the debtor. "

Ninety-three. Article 1178 is worded as follows:

"The consignment shall be made by the debtor or by a third party, by making the necessary things at the disposal of the Court or the Notary, in the terms provided for in the Law of Voluntary Jurisdiction or in the law of attorney."

Ninety-four. Article 1180 is worded as follows:

" The acceptance of the consignment by the creditor or the court declaration that it is well done, shall terminate the obligation and the debtor may request that the obligation and the guarantee, if any, be cancelled.

In the meantime, the debtor may withdraw the item or quantity entered, leaving the obligation remaining. "

Ninety-five. Article 1377 is worded as follows:

" To carry out acts of disposition for consideration on ganancial assets, the consent of both spouses will be required.

If one is denied or prevented from doing so, the Judge may authorize one or more acts when he considers it to be of interest to the family. Exceptionally, it shall agree to any limitations or precautions it deems appropriate. "

Ninety-six. Article 1389 is worded as follows:

" The spouse in whom the administration falls under the provisions of the two preceding articles shall have for it full powers, unless the Judge, when he considers it to be of interest to the family, establishes channels or limitations.

In any event, in order to make available acts on buildings, commercial establishments, precious objects or transferable securities, except for the right of preferential subscription, you will need judicial authorization. "

Ninety-seven. Article 1392 is worded as follows:

" The ganancial society will conclude in full right:

1. When marriage is dissolved.

2. º When declared null.

3. When legal separation of spouses is agreed.

4. When the spouses agree to a different economic regime in the form prevented by this Code. "

Ninety-eight. Article 1442 is worded as follows:

"Declared a spouse in contest, the provisions of the court of law shall apply."

Final disposition second. Amendment of the Trade Code.

Article 40 is worded as follows:

" 1. Without prejudice to other laws requiring the annual accounts to be subject to the audit of a person having the statutory status of auditor of accounts, and of the provisions of Articles 32 and 33 of this Code, any employer shall required to audit the annual or consolidated annual accounts, if any, of his company, when agreed by the Registrar or the Commercial Registrar of the registered office of the employer if they receive the established petition from whom accredit a legitimate interest. Prior to the estimation of the application, the Registrar or the Commercial Registrar shall require the applicant to make the necessary funds for the payment of the auditor's remuneration.

The company may only object to the appointment by providing documentary proof that it is not the same or denying the applicant's legitimacy.

The application to the Commercial Registrar shall be processed in accordance with the provisions of the Regulation of the Commercial Registry. The designation of auditor shall be subject to the regulatory shift established by the Commercial Registration Regulation.

If the Registrar is to be called upon, the procedures laid down in the legislation of the voluntary jurisdiction will be followed.

The decision that is made on the origin or the origin of the audit will be subject to the Judge of the Commercial.

2. On the same day as it is issued, the auditor shall deliver the report to the employer and the applicant and submit a copy to whom he has appointed him. If the report contains an opinion rejected or unfavourable, the Registrar or the Registrar shall agree that the employer shall satisfy the applicant for the quantities which he would have anticipated. If the report contains an opinion with reservations or caveats, resolution shall be issued determining who shall be responsible for and in which proportion the cost of the audit. If the report is favourable, the cost of the audit shall be the responsibility of the applicant.

3. The Registrar or the Commercial Registrar shall dismiss the application for an audit where, before the date of the application, it shall be recorded in the Register of auditors for the verification of the accounts of that same person. exercise or, in the case of commercial companies and other legal entities, the legal period for the appointment of auditor by the competent body has not been completed.

4. The issuance of the audit report shall not prevent the exercise of the right of access to the accounts by those to whom the law confers that right. "

Final disposition third. Amendment of certain articles of Law 1/2000, of Civil Procedure.

The Civil Procedure Act is amended as follows:

One. Article 8 (1) is worded as follows:

" 1. Where the natural person is in the case of paragraph 2 of the previous Article and there is no person who legally represents or attends to appear in court, the Registrar shall appoint a judicial defender by decree, which assume its representation and defense until the person is designated. "

Two. Article 395 (1) is worded as follows:

" 1. If the defendant is to be brought into the proceedings before it is answered, the costs shall not be imposed unless the court, duly reasoned, appreciates bad faith in the defendant.

It will be understood that, in any event, there is bad faith, if before the application was filed, the defendant would have been asked to have a reasonable and justified request for payment, or if a mediation procedure had been initiated or directed against the reconciliation request. "

Three. Article 525 (1) shall be worded as follows:

" 1. In no case shall they be subject to provisional execution:

1. The judgments given in the proceedings concerning paternity, maternity, filiation, marriage annulment, separation and divorce, capacity and marital status, as well as measures relating to the return or return of minors in the case of international subtraction and honorific rights, except for pronouncements that regulate the obligations and relationships related to what is the main object of the process.

2. Statements That Condemn a Declaration of Will.

3. Statements Declaring the nullity or expiration of industrial property titles. "

Four. Article 608 is worded as follows:

" Article 608. Execution by conviction for food delivery.

The provisions of the foregoing Article shall not apply where the execution of a judgment in respect of the payment of food is carried out, in all cases where the obligation to satisfy them is directly applicable to the law, including statements of judgments handed down in proceedings for annulment, separation or divorce on food due to the spouse or children or of the public decrees or decrees forming the regulatory agreement establishing them. In these cases, as well as those of the corresponding precautionary measures, the court will fix the amount that can be foreclosed. "

Five. Article 748 is worded as follows:

" The provisions of this Title shall apply to the following processes:

1. º Those that deal with the ability of people and those for statement of prodigality.

2. º of parentage, parenthood and maternity.

3. The nullity of marriage, separation and divorce and the modification of measures taken in them.

4. THOSE WHO DEAL EXCLUSIVELY WITH CHILD CUSTODY AND CUSTODY OF CHILDREN, or on foods claimed by one parent against the other on behalf of minor children.

5. The recognition of civil efficacy of judgments or ecclesiastical decisions in matrimonial matters.

6. º Those who deal with the measures concerning the restitution of minors in the cases of international abduction.

7. The ones that are the object of the opposition to the administrative resolutions on the protection of minors.

8. º Those who are about the need for adoption. "

Six. The first paragraph of Article 749 is worded as follows:

" 1. In the process of the capacity of the persons, in the cases of marriage annulment, in the international abduction of minors and in those of determination and impeachment of the filiation will always be part of the Fiscal Ministry, even if it has not been sponsor of the same, nor must, according to the law, assume the defense of any of the parties. The Prosecutor's Office shall ensure throughout the process for safeguarding the best interests of the person concerned. "

Seven. The second paragraph of Article 758 is worded as follows:

" If they do not do so, they will be defended by the Prosecutor's Office, provided that the promoter of the procedure has not been this. In another case, the Registrar shall appoint a judicial defender, unless he has already been appointed. "

Eight. Paragraphs 1 and 2 of Article 769 are worded as follows:

" 1. Unless otherwise expressly provided, it shall be the court competent to hear the proceedings referred to in this Chapter by the Court of First Instance of the place of the conjugal domicile. In the case of residence of the spouses in different judicial parties, it shall be competent court, at the choice of the claimant, that of the last domicile of the marriage or the residence of the defendant.

Those who do not have their domicile or fixed residence may be sued in the place where they are located or in the place of their last residence, at the choice of the claimant and, if the competition is not to be determined in this way, it shall be to the court of the actor's domicile.

2. In the procedure of separation or divorce by mutual agreement referred to in Article 777, the Court of the last common domicile or that of the domicile of any of the applicants shall have jurisdiction. '

Nine. Paragraph 4 is amended and paragraph 10 is added to Article 777, in the following terms:

" 4. The application is ratified by both spouses, if the documentation provided is insufficient, the judge or the judicial secretary who is competent shall grant the applicants a period of ten days for the completion of the application. During that period, the proof that the spouses have proposed and the other that the court considers necessary to prove the concurrence of the circumstances in each case required by the Civil Code and to appreciate the where the proposal for a regulatory agreement is approved. "

" 10. If the jurisdiction outside the Registrar is not to exist, because there are no minor children who are not emancipated or with the modified capacity judicially dependent on their parents, immediately after the ratification of the spouses before the Secretary judicial, this will dictate decree pronouncing, on the regulatory convention.

The decree that formalizes the proposal of the regulatory agreement will declare the separation or divorce of the spouses.

If you consider that, in your opinion, any of the agreements of the agreement may be harmful or seriously detrimental to one of the spouses or to the elderly or minor emancipated children affected, you will warn the grantees and give by the end of the procedure. In this case, the spouses may only go before the Judge for the approval of the proposed regulatory agreement.

The decree will not be actionable.

The modification of the regulatory agreement formalized by the judicial secretary shall be substantiated in accordance with the provisions of this article when the necessary requirements for this are met. "

Ten. A Chapter IVa is added to Title I of Book IV, consisting of new Articles 778a to 778c, with the following title:

" CHAPTER IV BIS

Measures relating to the return or return of minors in the cases of international abduction "

Once. An Article 778a is added, with the following wording:

" Article 778a. Scope of application. General rules.

1. In cases where an international convention or the provisions of the European Union are applicable, the return of a minor or his return to the place of provenance for having been the subject of an unlawful transfer or retention shall be sought; In Spain, it will be carried out in accordance with the provisions of this Chapter. It shall not apply to cases where the child shall proceed from a State which is not part of the European Union and is not a party to any international convention.

2. In these proceedings, the Court of First Instance of the capital of the province, of Ceuta or Melilla, with powers in the field of family law, in whose constituency the child has been the subject of a transfer or who is the subject of a transfer, shall be competent. illegal retention, if any, and, in the absence thereof, to which it is the appropriate allocation. The Court shall examine its jurisdiction of its own motion.

3. The person, institution or body assigned to the proceedings may be promoted by the person, institution or body responsible for the keeping and custody or a system of stay or visits, relationship or communication of the child, the Spanish Central Authority in charge of compliance with the obligations imposed by the relevant convention, where applicable, and, on behalf of the latter, the person designating that authority.

4. The parties shall act with the assistance of Advocate and represented by Procurator. The intervention of the State Advocate, where appropriate at the request of the Spanish Central Authority, shall cease from the moment the applicant for the refund or return appears in the proceedings with his own Advocate and Procurator.

5. The procedure shall be urgent and preferential. In both instances, if any, in the inexcusable total period of six weeks from the date of submission of the application, the return or return of the child shall be required, unless there are exceptional circumstances which make it impossible.

6. In no case shall the suspension of the civil actions be ordered for the existence of criminal prejudice that is motivated by the exercise of criminal actions in the matter of subtraction of minors.

7. In this type of process and in order to facilitate direct judicial communications between courts of different countries, if this is possible and the Judge considers it necessary, the assistance of the authorities may be used Central stakeholders, the existing International Judicial Cooperation Networks, the members of the International Network of Judges of the Hague Conference and the Liaison Judges.

8. The Judge may agree throughout the process, on his own initiative, at the request of the person who promotes the procedure or of the Prosecutor's Office, the appropriate precautionary measures and the insurance of the child that he considers relevant in accordance with Article 773. of those provided for in Article 158 of the Civil Code.

In the same way, you can agree that during the processing of the process the rights of stay or visit, relationship and communication of the child with the plaintiff, even in supervised form, if it is convenient to the interests of the child. "

Twelve. An article 778 ter is added, with the following wording:

" Article 778 ter. Procedure.

1. The procedure shall be initiated by means of a request for the return of the child's return or return to the place of provenance and shall include all the information required by the applicable international rules and, in any case, that relating to the identity of the child. of the claimant, of the child and of the person deemed to have subtracted or withheld the child, as well as the grounds on which it is based to claim restitution or return. It shall also provide all the information it has concerning the location of the child and the identity of the person with whom the child is supposed to be located.

The claim must be accompanied by the documentation required, if any, by the relevant international convention or standard and any other in which the applicant serves his or her request.

2. The Registrar shall decide on the admission of the application within 24 hours and, if it is understood that the application is not admissible, it shall give the Judge the right to decide what is to be done within that period.

In the same resolution in which the application is accepted, the Registrar shall require the person to whom the child's unlawful removal or retention is charged so that, on the date to be determined, he may not exceed the three days following, appear with the minor and manifest if you agree to your return or return, or object to it, on the basis of any of the causes set out in the applicable international convention or standard applicable.

The requirement will be practiced with legal and delivery warnings to the required text of the applicable international convention or standard applicable.

3. Where the child is not found at the place indicated in the application, and if, after the completion of the relevant inquiries by the judicial secretary about his domicile or residence, the latter are unsuccessful, he shall provisionally file the procedure until found.

If the child is found in another province, the judicial secretary, after hearing the Prosecutor's Office and the parties personated by the deadline of one day, will give the Judge to the next day to decide what is to be done by order, by referring, where appropriate, the proceedings to the Court which it considers to be territorially competent and to place the parties in order to appear before it within the following three days.

4. When the day comes, if the requested person appears and agrees to the return of the child or return to the place of provenance, as appropriate, the Registrar shall take up the minutes and the Judge shall order the same day by agreeing to the conclusion of the proceedings and the return or return of the child, in the case of expenses, including travel expenses, and the costs of the process.

The defendant may appear at any time, prior to the termination of the procedure, and access the child's delivery, or return to the place of provenance, where the provisions of this paragraph apply.

5. If he does not appear, or if he has not appeared, he will neither present opposition nor proceed, in this case, to the surrender or return of the child, the judicial secretary on the same day will declare him in absentia and will have the continuation of the without the same procedure, quoting only the applicant and the Prosecutor's Office in a hearing before the Judge which will take place within a period not exceeding the following five days, to be concluded in accordance with the provisions of the sixth paragraph of this Article. Such a resolution, however, shall be notified to the defendant, after which no other shall be carried out, except that of the resolution terminating the proceedings.

The Judge may decree the precautionary measures that he considers relevant in relation to the child, if not already adopted in advance, in accordance with Article 773.

6. If, at the first appearance, the requested person is opposed to the return or return of the child under the causes established in the applicable international convention or standard, which must be done in writing, the Secretary On the same day, it shall transfer the opposition and shall cite all the persons concerned and the Prosecutor's Office with a view to be held within the time limit of the following five days.

7. The holding of the hearing shall not be suspended because of the applicant's failure to appear. If it is the defendant who has objected who does not appear, the Judge shall have him down from the opposition and shall continue the hearing.

During the celebration of the same, the parties who appear to show what they consider to be appropriate, in particular, the person who requested the return or return, the Prosecutor's Office and the defendant, will be heard. if you appear in this procedure for the first time.

The relevant and relevant evidence that the parties or the Prosecutor's Office propose and that the Judge may decide on the facts that are relevant to the decision on the legality or not of the transfer shall be carried out, where appropriate. or retention and the measures to be taken within the six-day extension period. The Judge may also request, on his own initiative, at the request of a party or of the Prosecutor's Office, any reports which he considers to be relevant, the implementation of which shall be urgent and preferential to any other process.

8. Before taking any decision concerning the origin or origin of the return of the child or his return to the place of provenance, the Judge shall, at any time in the proceedings and in the presence of the Prosecutor's Office, hear the child separately, Less than the hearing of the same person is not considered appropriate on the basis of the age or degree of maturity of the same, which shall be stated in a reasoned decision.

In the exploration of the minor it will be ensured that the same can be heard in conditions suitable for the safeguarding of its interests, without interference from other people, and to obtain exceptionally the help of specialists when this was necessary. This action may be carried out via videoconferencing or other similar system.

9. Further to the hearing and, where appropriate, the relevant evidence, within three days of its completion, the Judge shall give judgment in which he shall decide only on whether the transfer or retention is unlawful and shall agree to the return of the child to the person, institution or body assigned to the guardian and the custody or return to the place of provenance to enable the applicant to exercise the system of stay, communication or relationship with him, less, taking into account the higher interest of the latter and the terms of the relevant convention or provisions of the European Union in the field, as the case may be. The resolution which agrees to the return of the child or his return shall set out in detail the form and the time limit for execution, and may take the necessary measures to prevent a further wrongful transfer or retention of the child following the notification of the child. statement.

10. If the child's return or return is agreed, the decision shall establish that the person who has transferred or retained the child shall pay the costs, including those incurred by the applicant, the travel costs and the costs of the which causes the return or return of the child to the State where his habitual residence was prior to the removal.

In other cases, the costs of the process will be declared on its own.

11. Against the resolution that will be issued only appeal of appeal with suspensive effects, that it will have preferential treatment, must be resolved in the unextendable period of twenty days.

The following specialties will be followed in the processing of the appeal resource:

(a) It shall be filed within three days from the day following the notification of the decision, with the court having to agree to its admission or not within 24 hours of the filing.

(b) Admitted to the appeal, the other parties shall have three days in which to lodge an objection to the appeal or, where appropriate, of challenge. In the latter case, the main appellant shall also have three days to state what it has to be appropriate.

(c) Following this, the Registrar shall order the transfer of the cars on the same day to the Court of jurisdiction in order to resolve the appeal, before which the parties must appear within 24 hours.

(d) Received the orders, the Court shall agree on its admission within 24 hours. If evidence is to be carried out or if the hearing is agreed, the Registrar shall indicate the day for the next three days.

e) The judgment must be given within three days of the termination of the hearing or, failing that, from the day following that in which the orders were received in the Court of Justice for the appeal.

12. At any point in the process, both parties may request the suspension of the process in accordance with Article 19.4 for mediation. The Judge may also, at any time, on his own initiative or at the request of either party, propose a mediation solution if, in the light of the circumstances, he considers it possible for them to reach an agreement, without having to assume a unjustified delay in the process. In such cases, the Registrar shall agree to the suspension for the time necessary to deal with the mediation. The public entity which has the functions of protection of the child may intervene as a mediator if it is requested on its own initiative, by the parties or by the Prosecutor's Office.

The duration of the mediation procedure will be as short as possible and its actions will be concentrated in the minimum number of sessions, without in any case the suspension of the process for mediation to exceed the legal deadline. provided in this Chapter.

The judicial procedure will resume if requested by either party or, if an agreement is reached in the mediation, which must be approved by the Judge taking into account the current regulations and the higher interest of the child.

13. In the execution of the judgment in which the return of the child is agreed upon or his return to the State of provenance, the Central Authority shall provide the necessary assistance to the Court to ensure that it is carried out without danger, in each case precise administrative measures.

If the parent who has been sentenced to the return of the child or his return is opposed, prevented or hindered by his or her compliance, the Judge shall take the necessary measures to execute the judgment in a manner immediate, being able to assist with the assistance of the social services and the Security Forces and Corps. "

Thirteen. An article 778c is added, with the following wording:

" Article 778 quater. Declaration of the ilicitude of an international transfer or retention.

When a child with habitual residence in Spain is subject to an international transfer or retention, as provided for in the applicable international convention or standard, any interested person, on the margin of the process which is initiated in order to request its international restitution, may be directed in Spain to the competent judicial authority to know the substance of the matter in order to obtain a resolution specifying that the transfer or the have been unlawful, to which effect the procedural channels available may be used in the Title I of Book IV for the adoption of definitive or provisional measures in Spain, and even the measures of Article 158.

The competent authority in Spain to issue a decision or a certification of Article 15 of the Hague Convention of 25 October 1980 on the civil aspects of the international abduction of minors, certifying that the transfer or retention of the child was unlawful within the meaning of Article 3 of the Convention, where this is possible, the latter judicial authority which has known in Spain any process of parental responsibility affecting the child less. Failing this, the Court of First Instance of the child's last domicile in Spain will have jurisdiction. The Spanish Central Authority shall make every effort to assist the applicant in obtaining a decision or certification of that class. '

Fourteen. Article 782 (1) is worded as follows:

" 1. Any coherenter or legion of an aliquot party may claim the division of the estate judicially, provided that the latter is not to be made by a commissar or accountant appointed by the testator, by agreement between the cohereners or by the Judicial Secretary or Notary. "

Fifteen. Article 790 is worded as follows:

" 1. Whenever the Court has notice of the death of a person and the existence of a will, no ascendants, descendants or spouse of the finado or person in a situation of fact equivalent, nor of collateral within the of the fourth grade, shall take the measures most indispensable for the burial of the deceased if necessary and for the safety of the goods, books, papers, correspondence and effects of the deceased susceptible of subtraction or concealment.

In the same way it will be done when people who speak the previous paragraph are absent or if any of them are less or have legal modified capacity and do not have a legal representative.

2. In the cases referred to in this Article, after the relatives have appeared, or the legal representative is appointed to the minors or persons with legal modified capacity, they shall be given the goods and effects belonging to the deceased, by ceasing judicial intervention, subject to the provisions of the following Article, and shall refer to the Notary for the purposes of initiating the file for the declaration of heirs. '

Sixteen. Paragraph 2 is amended and a new paragraph 3 is added to Article 791:

" 2. If, in fact, it is possible to have passed away without being and without relatives called by the law to the succession, it shall send the Tribunal, by means of order, to proceed:

1. To occupy the books, papers and correspondence of the deceased.

2. To inventory and deposit the goods, with the provision of what is applicable to your administration, in accordance with the provisions of this Law. The Court may appoint a person, under the hereditary rate, to carry out and guarantee the inventory and its deposit.

In the same resolution, I will order the communication from the Office of the Economy and Finance Office of its own motion, as a result of the declaration of an abhinterment heir to the State, with the transfer of the result of the (a) the measures taken and the documentation collected under paragraph 1.

3. From the moment when the General Administration of the State or the Administration of an Autonomous Community informs the Court that it has initiated a procedure for its declaration as an heir to the case, the latter shall agree to the designation for the administration of the goods. In this case, the Public Administration shall not be required to provide caution and shall carry out the expert reports when necessary through its own technical services.

The Administration must inform the Court of the decision to terminate the proceedings. If that decision concludes that the declaration of an abhintering heir to the administration is not appropriate, the administration may not continue to take over the hereditary rate, requesting the Court to appoint a new judicial administrator. within one month of that communication. After this period of one month, the Administration shall in any event cease to be the administrator.

When that decision declares to the Crown Administration, the judicial body which is aware of the intervention of the hereditary flow shall, before one month, adopt the provisions conducive to the delivery of the property and rights that are members of the hereditary flow. "

seventeen. Article 792 (1) is worded as follows:

" 1. The actions referred to in paragraph 2 of the previous Article may be agreed upon at the request of a party in the following cases:

1. º For the spouse or any of the relatives who are created with the right to the legitimate succession, provided they prove that they have promoted the declaration of heirs to Notary or the request for intervention is made Hereditary flow of the estate at the time of promoting the notarial declaration of heirs.

2. º By any coherender or legier of an aliquot part, at the time of applying for the judicial division of the estate, except that the intervention would have been expressly prohibited by testamentary disposition.

3. º By the Public Administration that has initiated a procedure for its declaration as an abinterment heir. "

Eighteen. Article 802 (1) is worded as follows:

" 1. The administrator shall, without delay, make available to the Court the amounts collected in the performance of his duties, retaining only those necessary to meet the costs of litigation or notarial, payment of contributions and other expenses. Ordinary attendances. "

nineteen. The final twenty-second provision is worded as follows:

" Final Disposition twenty second. Measures to facilitate the application in Spain of Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of liability parental.

1. The certification of judgments in matrimonial matters and in matters of parental responsibility, as provided for in Article 39 of Regulation (EC) No 2201/2003, shall be issued by the judicial secretary separately and by means of diligence, by filling in the corresponding form set out in Annexes I and II to the said Regulation.

2. The judicial certification relating to judicial decisions on the right of access, as provided for in Article 41 (1) of Regulation (EC) No 2201/2003, shall be issued by the judge separately and by means of providence. the form set out in Annex III to that Regulation.

3. The judicial certification relating to judgments on the return of the child, as provided for in Article 42 (1) of Regulation (EC) No 2201/2003, shall be issued by the judge separately and by means of providence, completing the form set out in Annex IV to that Regulation.

4. The procedure for the rectification of errors in judicial certification, provided for in Article 43.1 of Regulation (EC) No 2001/2003, shall be settled in the manner laid down in the first three paragraphs of Article 267 of the Law Organic 6/1985, of July 1, of the Judiciary. No recourse shall be made against the decision in respect of the clarification or rectification of the judicial certification referred to in the previous two paragraphs.

5. Refusal of the issue of the certification referred to in paragraphs 1, 2 and 3 of this Article shall be adopted separately and by decree in the case of paragraph 1 and by means of Auto in the case of paragraphs 2 and 3, and may be challenged by the proceedings of the direct review appeal in the case of paragraph 1 and the procedures for the replacement appeal in the case of paragraphs 2 and 3.

6. The transmission referred to in Article 11 (6) of Regulation (EC) No 2201/2003 shall include a copy of the judgment of non-return in accordance with Article 13 of the Hague Convention of 25 October 1980, and a copy of the recording original of the act of the hearing in support of the recording and reproduction of the sound and of the image, as well as of those documents which the court considers appropriate to attach in each case as accredence of the fulfillment of the requirements of Articles 10 and 11 of the Regulation.

7. The complaint referred to in Article 11 (7) of Regulation (EC) No 2201/2003 shall be substantiated in accordance with the procedure laid down in the current Civil Procedure Law for processes which deal exclusively with custody and custody of minor children, although the jurisdiction of the courts to hear it shall be determined in accordance with the provisions of the procedure governing the measures relating to the return of minors in the case of international abduction. "

Final disposition fourth. Amendment of Law 20/2011, of 21 July, of Civil Registry.

One. Paragraphs 1, 2, 5, 6, 7, 8, 9, 10 and 12 of Article 58 are hereby worded as follows:

" 1. The marriage in civil form shall be held before the Judge of Peace, Mayor or Councilmember in whom this delegate, judicial secretary, Notary, or diplomatic or consular officer charged with the Civil Registry.

2. The conclusion of the marriage shall require the prior processing or instruction of a record or file at the request of the contrayents to prove the compliance with the capacity requirements and the absence of impediments or their waiver, or any another obstacle, in accordance with the provisions of the Civil Code. The processing of the minutes shall be the Notary of the place of the address of any of the contrayents. The instruction in the file shall correspond to the Registrar or the Registrar of the Civil Registry of the domicile of one of the contrayants.

5. The Registrar, Notary or Chargé of the Civil Registry will hear both contractually and separately to ascertain their capacity and the absence of any impediment. Also, the reports may be requested and the relevant measures, whether or not proposed by the applicants, can be applied to accredit the state, capacity or domicile of the contrayents or any other extremes necessary to appreciate the validity of their consent and the veracity of the marriage. If any of the contrayants are affected by mental, intellectual or sensory deficiencies, medical advice shall be required on their ability to provide consent.

From the realization of all these actions will be recorded in the record or file, filing together with the documents prior to the marriage registration.

A year after the publication of the notices or the replacement proceedings without the marriage having been entered into, no new publication or proceedings may be held.

6. After the previous proceedings, the Registrar, Notary or Chargé of the Civil Registry who has intervened shall terminate the minutes or give judgment by stating the concurrency or not in the contrayments of the necessary requirements for to marry, as well as the determination of the matrimonial property regime applicable and, where appropriate, the civil vicinity of the contrayants, giving copies to them. The action or resolution shall be motivated and, where appropriate, express the lack of capacity or the impediment to which it is prevented.

7. If the judgment of the Registrar, Notary or Chargé of the Civil Registry is unfavourable, the record or file will be closed and the interested parties may have recourse to the General Directorate of the Registers and the Notary, submitting to the the system of resources provided for by this Law.

8. The case of the judicial secretary has been resolved favorably, the marriage may be held before the same or another judicial secretary, Judge of Peace, Mayor or Councilmember in whom the latter delegate, at the choice of the contrayents. If it has been dealt with by the Encharged of the Civil Registry, the marriage shall be held before the Judge of Peace, Mayor or Councilmember in whom the latter delegate, who appoint the contrayents. Finally, if it were the Notary who had extended the marriage act, the contrayents may grant the consent, at their choice, to the same Notary or any other than the one that had dealt with the previous act, the Judge of Peace, Mayor or Councillor in whom this delegate. The provision of consent shall be in the form provided for in the Civil Code.

The marriage held before the Judge of Peace, Mayor or Councilmember in whom this delegate or before the judicial secretary will be recorded in the minutes; the one that is celebrated before Notary will consist in public deed. In both cases it must be signed, in addition to the one before it, by the contrayents and two witnesses.

Extended the act or authorized the public deed, shall be given to each of the contrayentes accrediting copy of the celebration of the marriage and will be transmitted by the authorship, in the same day and by means of telematic, testimony or electronic copy of the document to the Civil Registry for registration, after qualification of the Encharged of the Civil Registry.

9. The celebration of marriage outside Spain will be the responsibility of the consular or diplomatic officer charged with the Civil Registry abroad. If one or both of the contrayents resided abroad, the processing of the file may correspond to the diplomatic or consular officer charged with the competent civil registry in the consular district where they reside. The marriage thus dealt with may be held before the same official or other person, or before the Judge of Peace, Mayor or Councillor in whom the latter delegate, at the discretion of the contrayants.

10. Where the marriage has taken place without the corresponding file or prior act having been processed, if necessary, the Registrar, Notary, or the official charged with the Civil Registry which has concluded it, before carrying out the actions to be taken for registration, shall check whether the legal requirements for their validity are met, through the processing of the record or file referred to in this Article.

If the celebration of the marriage has been performed before the competent authority or person other than those indicated in the preceding paragraph, the act of the marriage shall be transmitted to the Encharged of the Civil Registry of the place of celebration for to verify the validity requirements, by means of the relevant file. After this check, the Encharged of the Civil Registry shall register.

12. If the contrayents have stated their intention to marry abroad, in accordance with the form established by the law of the place of celebration or in a religious form and the presentation of a certificate of capacity is required marriage, shall be issued by the Registrar, Notary, Charged of the Civil Registry or consular or diplomatic officer of the place of the domicile of any of the contrayents, prior to the docket or record that contains the judgment of the Accreditation of the marriage capacity of the contrayants. "

Two. Article 58a (1) is worded as follows:

" 1. For the celebration of marriage in the religious form provided for in the Agreement between the Spanish State and the Holy See on Legal Affairs and in the Cooperation Agreements of the State with religious confessions, the provisions of the same.

2. In the cases of celebration of marriage in the religious form provided by the churches, confessions, religious communities or federations of the same ones that, registered in the Registry of Religious Entities, have obtained the recognition of It is clear that there is a need for the processing of a prior record or file of marital capacity in accordance with the previous article. Completed this procedure, the Registrar, Notary, Charge of the Civil Registry or diplomatic or consular officer charged with the Civil Registry that has intervened will issue two copies of the act or resolution, which will include, if necessary, the trial proof of the marital capacity of the contrayents, who must be handed over to the minister of worship in charge of the celebration of marriage.

The consent must be given to a minister of worship and two older witnesses. In such cases, consent must be provided before six months have elapsed since the date of the act or resolution containing the judgment of matrimonial capacity. To these effects are considered ministers of worship to the physical persons engaged, with a stable character, to the functions of worship or religious assistance and to credit the fulfillment of these requirements by certification issued by the church, a confession or religious community which has obtained the recognition of the notorious rootedness in Spain, with the conformity of the federation which in its case would have requested such recognition.

Once the marriage has been concluded, the officiant will extend the express certification of the celebration of the same, with the necessary requirements for its registration and the indications of the identity of the witnesses and the circumstances of the file or prior record that will necessarily include the name of the judicial secretary, Notary, Chargé of the Civil Registry or diplomatic or consular officer who would have extended it, the date and number of the protocol in his case. This certification shall be transmitted by electronic means, in the form that is regulated, together with the accreditative certification of the status of minister of worship, within the five-day period of the Encharged of the Civil Registry. competent for registration. It shall also extend in the two copies of the act or prior resolution of the express diligence of the marriage celebration giving one to the contrayents and shall keep the other as the act of the celebration in the file of the officiant or the religious entity to which he represents a minister of worship. "

Three. Article 59 is amended as follows:

" Article 59. Marriage registration.

1. A marriage whose requirements have been established and concluded in accordance with the procedure laid down in Article 58 shall be entered in the individual records of the contrayants.

2. The marriage concluded before a foreign authority shall be granted to the Spanish Civil Registry by the registration of the corresponding certification, provided that it is effective in accordance with the provisions of this Law.

3. The marriage celebrated in Spain in a religious way will access the Civil Registry through the registration of the certification issued by the Minister of worship, as provided for in Article 63 of the Civil Code.

4. With the registration, the Encharged of the Civil Registry will make available to each of the contrayents the certification of the inscription of the marriage.

5. The registration makes faith of the marriage and of the date and place in which it contracts and produces the full recognition of the civil effects of the same against third parties in good faith. "

Four. Article 60 is amended.

" Article 60. Registration of the economic regime of marriage.

1. The marriage registration shall include the legal or legal matrimonial property regime governing the marriage and the covenants, court decisions or other acts that may affect the marriage.

2. Where no deed of capitulation is submitted, it shall be entered as a legal matrimonial property regime which is supplementary in accordance with the applicable legislation. In order to record in the Civil Registry the legal economic regime applicable to a marriage already registered when the marriage is not previously established and no written documents are provided will be necessary for the processing of a notoriety.

Awarded to Notary writing of marriage capitulations, must be sent on the same day electronic copy of the public deed to the Encharged of the corresponding Civil Registry for its constancy in the Marriage registration. If the marriage has not been held to the date of receipt of the marriage chapter, the Encharged of the Registry shall make its entry in the individual record of each contract.

3. In the inscriptions that in any other Register produce the capitulations and other facts that affect the matrimonial property regime, the data of their registration in the Civil Registry shall be expressed.

4. Without prejudice to Article 1333 of the Civil Code, in no case shall the third party in good faith be harmed but from the date of the registration of the matrimonial property regime or its modifications. "

Five. Article 61 is worded as follows:

" Article 61. Registration of separation, nullity and divorce.

The Registrar of the Court or Court who has issued the final judicial decision of separation, invalidity or divorce shall forward on the same day or the following working day and by electronic means testimony to the General Office of the Civil Registry, which will immediately practice the corresponding registration. Court decisions that resolve nullity, separation and divorce may be subject to annotation until they become firm.

The same obligation will have the Notary that would have authorized public writing by formalizing a separation or divorce regulatory agreement.

Judicial decisions or public writings that modify those initially adopted or agreed must also be entered in the Civil Registry.

Resolutions on dissolution of canonical marriage, dictated by recognized ecclesiastical authority, shall be entered if they meet the requirements of the legal order. "

Six. Article 67. Special cases of death registration.

" 1. Where the body has disappeared or has been inhummed before registration, a decision of the Registrar shall be required declaring the death or order of the judicial authority in which the death is legally established. "

Seven. Article 74 (1) is worded as follows:

" 1. The representation of the absent and the designation of judicial defender in the case provided for in Article 299 bis of the Civil Code have access to the individual register. '

Eight. A new paragraph 3 is added to Article 78:

" 3. The entries in the declaration of absence and death shall state how much is prevented in Article 198 of the Civil Code. "

Nine. Paragraph 2 of the second final provision is worded as follows:

" 2. References that are found in any standard to the judge, mayor or official who make their cases competent to authorize civil marriage, should be understood as referring to the judicial secretary, Notary, charged with the Civil Registry or official diplomatic or consular officer charged with the Civil Registry to prove the compliance with the capacity requirements and the absence of impediments or his dispensation; and to the Judge of Peace, Mayor or Councilmember in whom this delegate, Judicial Secretary, Notary, or diplomatic or consular official charged with the Civil Registry for the celebration before of marriage in civil form. "

Ten. The fifth final provision of the Civil Registry Act is worded as follows:

" Final layout fifth. Municipal fees.

A paragraph 5 is added to Article 20 of the recast text of the Local Law Regulatory Law, approved by Royal Legislative Decree of March 5, with the following wording:

5. Councils may establish a fee for the celebration of marriages in civil form. "

Once. A final fifth-bis provision is added, with the following wording:

" Final disposition fifth bis. Notarial tariffs.

The Government will approve the tariffs corresponding to the intervention of the Notaries in the processing of the previous marriage proceedings and for the celebration of marriages in civil form with the authorization of the scriptures corresponding public. "

Twelve. 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, eighth and final provisions, third and sixth, which shall enter into force on the day following that of its publication in the Bulletin State Officer. "

Until the entry into force of this Law, the Government, through the Ministry of Justice, shall adopt the necessary measures and regulatory changes affecting the organization and functioning of the Civil Records within the of the process of modernization of Justice. "

Final disposition fifth. Amendment of Law 24/1992, of 10 November, approving the agreement of cooperation of the State with the Federation of Evangelical Religious Entities of Spain.

Article 7 (2) and (5) are worded as follows:

" 2. Persons wishing to marry in the form provided for in the preceding paragraph shall promote the record or file prior to the marriage before the Registrar, Notary, Charged of the Civil Registry or diplomatic or consular official of the corresponding Civil Registry in accordance with the Civil Registry Act. "

" 5. Once the marriage has been concluded, the Minister of Worship shall extend the express certification of the celebration of the same, with the necessary requirements for his registration and the particulars of the identity of the witnesses and the circumstances of the act or prior file that will necessarily include the name of the Secretary of the Court, Notary, Charge of the Civil Registry or diplomatic or consular officer who has extended it, the date and number of the protocol in his case. This certification shall be transmitted by electronic means, in the form that is regulated, together with the accreditative certification of the status of minister of worship, within the five-day period of the Encharged of the Civil Registry. competent for registration. It shall also extend in the two copies of the act or express diligence of the celebration of the marriage giving one to the contrayents and shall keep the other as the act of the celebration in the file of the officiant or of the religious entity which represents the minister of worship. "

Final disposition sixth. Amendment of Law 25/1992, of 10 November, approving the Cooperation Agreement of the State with the Federation of Israeli Communities of Spain.

One. The Title of this Law, which becomes "Law 25/1992 of 10 November, approving the Cooperation Agreement of the State with the Federation of Jewish Communities of Spain", is amended.

Two. Paragraphs 2 and 5 of Article 7 are worded as follows:

" 2. Persons wishing to marry in the form provided for in the preceding paragraph shall promote the record or file prior to the marriage before the Registrar, Notary, Charged of the Civil Registry or diplomatic or consular official of the corresponding Civil Registry in accordance with the Civil Registry Act. "

" 5. Once the marriage is celebrated, the minister of worship will extend the express certification of the celebration of the same, with the necessary requirements for his registration and the indications of identity of the witnesses and the circumstances of the record prior record that will necessarily include the name of the judicial clerk, Notary, Chargé of the Civil Registry or diplomatic or consular officer who would have extended it, the date and number of protocol in his case. This certification shall be transmitted by electronic means, in the form that is regulated, together with the accreditative certification of the status of minister of worship, within the five-day period of the Encharged of the Civil Registry. competent for registration. It shall also extend in the two copies of the act or prior resolution of the express diligence of the marriage celebration giving one to the contrayents and shall keep the other as the act of the celebration in the file of the officiant or the religious entity that he represents as a minister of worship. "

Three. A new fourth additional provision is added with the following wording:

" Additional provision fourth. Denomination of the Federation.

By agreement of the parties it is appropriate to replace the name of Federation of Israeli Communities of Spain by the Federation of Jewish Communities of Spain, which will be used hereafter.

The references made to the Federation of Israeli Communities in this Agreement of State Cooperation with the Federation of the Israeli Communities of Spain, as well as those appearing in other rules shall be understood as being made to the Federation of Jewish Communities of Spain. "

Final disposition seventh. Amendment of Law 26/1992 of 10 November, approving the State Cooperation Agreement with the Islamic Commission of Spain.

Article 7 (2) and (3) are worded as follows:

" 2. Persons wishing to register the marriage held in the form provided for in the preceding number must first certify their marital capacity, by means of a copy of the minutes or prior decision issued by the Registrar, Notary, In charge of the Civil Registry or diplomatic or consular official charged with the Civil Registry in accordance with the Law of the Civil Registry and which must contain, if necessary, accreditable judgment of the marital capacity. Registration may not be applied if the marriage has been concluded more than six months after the date of such minutes or from the date of the corresponding decision.

3. Once the marriage has been concluded, the representative of the Islamic Community in which the marriage has been awarded shall extend the express certificate of the holding of the same, with the necessary requirements for its registration and the particulars of the circumstances of the file or prior record which will necessarily include the name of the Registrar, Notary, Charge of the Civil Registry or diplomatic or consular officer who has extended it, the date and number of the protocol in his case. This certification shall be transmitted by electronic means, in such a way as to be determined, together with the accrediting certification of the representative capacity of the Islamic Community to conclude marriages, in accordance with the provided for in Article 3 (1), within five days of the entry of the Civil Registry competent for registration. It shall also extend in the two copies of the act or prior resolution of the express diligence of the marriage celebration, giving one to the contrayents and shall keep the other as the record of the celebration in the file of the Community. "

Final disposition octave. Amendment of Law 33/2003 of 3 November of Heritage of Public Administrations.

One. Article 20 (6) is worded as follows:

" 6. The legitimate succession of the General Administration of the State and the Autonomous Communities shall be governed by this Law, the Civil Code and its complementary rules or the rules of special or special law that are applicable.

Where, in the absence of other legitimate heirs under the common civil law or force is called the General Administration of the State or the Autonomous Communities, it shall be for the Administration called to happen in each case make the declaration of his status as an abinterment on the administrative basis, after duly justified the death of the person whose succession is concerned, the origin of the opening of the succession, and the absence of other legitimate heirs. "

Two. A new Article 20a is added:

" Article 20a. Procedure for the declaration of the State Administration as an abinterment heiress.

1. The procedure for the declaration of the Administration as an abjure heiress shall be initiated on its own initiative, by agreement of the competent body, adopted on its own initiative or as a result of higher order, reasoned request from other bodies or denunciation, or pursuant to the communications referred to in Article 791.2 of Law 1/2000, of 7 January, of Civil Procedure, and Article 55.4 of the Law of 28 May 1862 of the Notary.

In the event that the appeal corresponds to the General Administration of the State, the competent body to agree the opening shall be the Director General of the State Heritage.

2. The file shall be instructed by the Economic and Finance Delegation for the place of the last known address of the deceased in Spanish territory. If you have never had an address in Spain, you will be competent for the place where you are most of your property.

In case it is considered that the handling of the file does not correspond to the General Administration of the State, it will be transferred to the competent autonomic administration for it.

3. The agreement to initiate the procedure shall be published free of charge in the "Official Gazette of the State" and, when the procedure is carried out by the General Administration of the State, on the website of the Ministry of Finance and Public Administration, without prejudice to the possibility of using other additional means of dissemination. A copy of the agreement will be sent for publication in the bulletin boards of the Ayquimos corresponding to the last address of the deceased, to the place of death and where they radiate most of their goods. The edicts must be exposed within one month.

Any interested party may submit allegations or provide documents or other evidence prior to the decision of the proceeding.

4. The Economic and Finance Delegation shall carry out the necessary acts and checks to determine the origin of the succession rights of the General Administration of the State, and shall include in the file how much data it may obtain. on the causative and its assets and rights.

For these purposes, if such documentation has not been submitted by the judicial or notary body, the authorities and public officials, records and other public records shall be required to provide information on the cause and the assets and rights of their ownership which is deemed necessary for the best instruction in the file. That information, in accordance with Article 64, shall be provided free of charge.

The collaboration referred to in Article 62 may also be obtained from the public.

5. The State Advocate of the Province shall issue a report on the adequacy and adequacy of the actions taken to declare the General Administration of the State as the heir to the case.

6. The decision of the file and, where appropriate, the declaration of the heir to the State in favour of the State in which the administrative award of the assets and rights of the estate is to be held, corresponds to the Director General of the State, prior to the report of the General Counsel of the State-Directorate of the State Legal Service.

The maximum time limit for the resolution of the procedure will be one year. However, if the judicial inventory of the property of the deceased had not been communicated to the administration within 10 months of the start of the procedure, the time limit for the decision shall be extended to two months after the date of the procedure. receipt.

7. The decision to be delivered must be published on the same sites where the agreement to initiate the file had been announced and, where appropriate, to communicate to the judicial body which was aware of the intervention of the hereditary rate. The decision declaring the failure to declare an heir to the Administration shall, in addition, be notified to persons entitled to inherit.

8. The administrative acts dictated by the procedure provided for in this section may only be brought before the administrative and administrative jurisdiction for infringement of the rules on competition and procedure, after the use of the administrative. Those who consider themselves to be harmed as to their best right to inheritance or others of a civil nature by the declaration of an abinterment heir or the award of assets in favour of the Administration may bring the relevant actions before the Court of civil order, on the basis of the rules of Title VIII of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Administrative Procedure Common. "

Three. A new Article 20b is added:

" Article 20b. Effects of the declaration of heir abinterment.

1. The administrative declaration of the heir abuteato, which shall constitute the acceptance of the inheritance for the benefit of the inventory, may be taken in possession of the assets and rights of the deceased and, where appropriate, to obtain from the authority the delivery of those who are in their custody.

2. The goods and rights of the deceased not included in the judicial inventory and which are identified after the declaration of the General Administration of the State as an abinterment and the award of the goods and rights They shall be incorporated into the hereditary flow and shall be awarded on the basis of a decision of the Director-General of the State Heritage and through the investigation procedure laid down in Article 47.

However, in cases where the right of ownership of the cause is recorded in public records or account systems, or derives from the ownership of bank accounts, securities, deposits, and, in general, in Any assumptions in which their right is subject to formal ownership, the incorporation of the goods shall be carried out by agreement of the Economic and Finance Delegate.

3. For the purposes of these investigations, the authorities and officials, registers and other public records must supply free of charge the information available to them on the assets and rights of ownership of the deceased. The same obligation to collaborate and provide the information that they will have the organs of the tax administration.

4. For the purposes laid down in Articles 14 and 16 of the Mortgage Act, the administrative declaration of the heir to the case in which the award of the hereditary property is contained, or, where appropriate, the subsequent decisions of the Director General of the State Heritage or of the Delegate of Economy and Finance agreeing to the incorporation of goods and rights to the flow rate and its award, will be sufficient title to register in favor of the Administration in the Registry of the Property the real estate or rights which appear on them in the name of the deceased. If the real estate or rights are not previously registered, this title shall be sufficient to render it unregistered.

5. No liability shall be derived for the General Administration of the State for the purpose of the ownership of the assets and rights which are members of the hereditary flow until such time as they are handed over to them by the judicial body, or effective possession of the same. "

Four. A new Article 20c is added:

" Article 20c. Settlement of the hereditary flow.

1. Once it is in possession of the estate, the General Administration of the State shall proceed to the liquidation of the assets and rights of the same, distributing the amount obtained in the form provided for in Article 956 of the Civil Code.

2. However, the Council of Ministers, having regard to the characteristics of the goods and rights included in the flow rate, may exclude all or some of them from the liquidation and distribution.

3. In addition, the Director General of the State's Heritage may exclude from the liquidation those goods which would be necessary to preserve in the patrimony of the General Administration of the State for affectation or to the purposes of its own purposes or services. bodies or dependent public bodies. In this case, if the value of those goods exceeds the third of the General Administration of the State, the excess shall be compensated for by the corresponding budgetary modification.

4. Once the settlement account for the abbentate has been approved and the relevant amounts entered into the Treasury, credit shall be generated at an amount equal to two thirds of the value of the flow rate in the consignment entered in the The General Budget of the State to deal with transfers for purposes of social interest that is met with the tax allocation for this purpose derived from the full quota of the Income Tax of the Physical Persons. "

Five. A new additional twenty-third provision is added:

" Additional twenty-third disposition. A succession of the Hospital of Our Lady of Grace of Zaragoza.

The statement as the heir to the Hospital of Our Lady of Grace of Zaragoza will be made by the General Council of Aragon. "

Six. A new twenty-fourth additional disposition is added.

" Additional twenty-fourth disposition. Succession of the foral Diputations of the historical territories of the Basque Country.

The declaration as inheritate of the foral Diputations of the Historical Territories of the Basque Country will be carried out by the corresponding Foral Diputación. "

Seven. Paragraphs 1, 2 and 5 of the second final provision are amended:

" 1. The following provisions of this Law are issued under the exclusive jurisdiction of the State in matters of procedural law of Article 149.1.6. of the Constitution, and are generally applicable to Article 20a (8); and Article 43; and Article 110, paragraph 3.

2. The following provisions of this Law are issued under Article 149.1.8. of the Constitution, and are of general application, without prejudice to the provisions of civil or special civil rights, where they exist: Article 4; Article 5, paragraphs 1, 2 and 4; Article 7 (1); Article 15; Article 17; Article 18; Article 20 (2), (3) and (6); Article 22; Article 23; Article 30 (1) and (2); Article 37 (1), (2) and (3); Article 38 (1) and (2); Article 39; Article 40; Article 49; Article 53; Article 83 (1); Article 97; Article 98; and Article 99 (3)  1. "

" 5. They have the character of the basic legislation, in accordance with the provisions of Article 149.1.18. of the Constitution, the following provisions of this Law: Article 1; Article 2; Article 3; Article 6; Article 8, paragraph 1; paragraphs 1 to 6 of the Article 20a; Article 20b, Article 27; Article 28; Article 29 (2); Article 32 (1) and (4); Article 36 (1); Article 41; Article 42; Article 44; Article 45; Article 50; Article 55; Article 58; Article 61; Article 62; Article 84; Article 91 (4); Article 92 (1), (2) and (4); Article 93 (1), (2), (3) and 4; Article 94; Article 97; Article 98; Article 100; Article 101 (1), (3) and (4); Article 102 (2) and (3); Article 103 (1) and (3); Article 106 (1); Article 107 (1); Article 109 (3); Article 121; paragraph 4; Article 183; Article 184; Article 189; Article 190; Article 1919a; Article 191; first transitional provision, paragraph 1; transitional provision fifth; the additional twenty-third and fourth provisions. "

Final disposition ninth. Amendment of Law 50/1980, of 8 October, of Insurance Contract.

The sixth paragraph of Article 38 is worded as follows:

" When there is no agreement between the experts, both parties shall appoint a third expert of conformity. In the absence of this, it will be possible to promote the case in the form provided for in the Law of the Voluntary Jurisdiction or in the notarial legislation. In such cases, the expert opinion shall be delivered within the period prescribed by the parties or, failing that, within 30 days of the acceptance of his appointment by the third party. '

Final disposition tenth. Amendment of Law 41/2003, of 18 November, of protection of the assets of persons with disabilities and modification of the Civil Code, of the Law of Civil Procedure and of the Tax Law for this purpose.

Article 5 (2) is amended to read as follows:

" 2. In other cases, the rules of administration, as laid down in the public document of incorporation, must provide for the obligation of judicial authorization in the same cases as the guardian requires it in respect of the goods of the tutelated, in accordance with Articles 271 and 272 of the Civil Code or, where appropriate, in accordance with the rules of civil law, foral or special, which are applicable.

By way of derogation from the preceding paragraph, the authorisation is not necessary where the beneficiary has the capacity to act sufficient.

In no case will the public auction be necessary for the disposal of the assets or rights that make up the protected patrimony.

In any case, and in line with the own purpose of the assets protected to satisfy the vital needs of their owners, with the same goods and rights in the integrated, as well as with their fruits, products and returns shall not be considered as acts of provision for the expenditure of money and the consumption of consumables integrated into the protected heritage, when they are done to meet the vital needs of the beneficiary. "

Final disposition eleventh. Amendment of the Law of 28 May 1862, of the Notary.

One. A new Title VII is introduced, with the following content:

" TITLE VII

Notaries ' Intervention in Special Records and Proceedings

CHAPTER I

General Rules

Article 49.

Notaries will intervene in special files by authorizing minutes or public deeds:

1. When the file has as its object the declaration of the will of the person who urges it or the realization of a legal act that implies the provision of consent, the Notary will authorize a public deed.

2. When the file has as its object the finding or verification of a fact, the perception of it, as well as its judgments or qualifications, the Notary will proceed to extend and authorize a record.

Article 50.

1. In the month of January each year, the Dean of each Notary College will be interested in the various professional associations, similar entities, as well as the Academias and cultural and scientific institutions that deal with the study of the subjects for the purpose of the skill to send a list of collegiates or associates willing to act as experts, who will be at the disposal of the Notaries in the Notary College. They may also apply to form part of such a list of professionals who provide the necessary knowledge in the relevant subject, regardless of whether they belong to a Professional College or not. The first designation of each list shall be made by a draw made in the presence of the Dean of the Notary College, and from it shall be made by the College the following designations in accordance with the correlative order as requested by the Notaries belonging to it.

2. Where a person is appointed without official, practical or understood evidence in the matter, after a summons from the parties, the appointment shall be made in accordance with the procedure laid down in the preceding paragraph, using a list of persons who will be asked each year for appropriate trade unions, associations and entities, and which must be made up of at least five of those persons. If, by reason of the singularity of the matter of opinion, only the name of a person understood or practical is available, consent shall be obtained from the parties and only if they are granted shall be designated by the person.

CHAPTER II

From public records and deeds in matrimonial matters

Section 1 of the Marriage Act and the Public Writing of Marriage Celebration

Article 51.

1. Those who are to be married for whom they are required to act in which they are satisfied with the capacity requirements of the two contracting parties, the absence of impediments or their waiver, or any kind of obstacle to the contract marriage, they must first request their processing before the Notary who has their residence at the place of the domicile of any of them.

2. The application, processing and authorization of the minutes shall be in accordance with the provisions of Article 58 of Law 20/2011 of 21 July of the Civil Registry and, otherwise, in this Law.

Item 52.

1. If the act is favourable to the celebration of the marriage, it shall be carried out before the Notary who has intervened in the processing of the marriage by means of a public deed in which it shall state all the circumstances. established in the Civil Registry Law and its regulations.

2. When the contrayents, in the initial application or during the processing of the minutes, have requested that the consent be provided to a Judge of Peace, Mayor or Councillor in whom this delegate or other Notary, a copy of the minutes will be sent to the elected office, which shall limit itself to the conclusion of the marriage and shall draw up the minutes or award of the public deed, as appropriate, with all the legally required requirements.

3. If the marriage is in danger of death, the Notary shall grant public deed where the provision of the marriage consent is collected, after medical advice on his or her fitness to lend this and on the seriousness of the situation when the risk is derived from illness or physical condition of any of the contrayents, unless it is impossible to be accredited. Subsequently, the Notary will proceed to the processing of the record of verification of the validity requirements of the marriage.

Section 2. Of the Act of notoriety for the constancy of the legal matrimonial property regime

Article 53.

1. Those who wish to expressly state in the Civil Registry the legal matrimonial property regime that corresponds to their marriage when they are not previously established must request the processing of a notice of notoriety to the Notary with residence in any of the marital homes which they have had, or at the habitual residence or residence of any of the spouses, or where the majority of their property is or where they carry out their business or business, election of the applicant. You will also be able to choose a Notary from a district adjacent to the above.

2. The application for the commencement of the minutes shall be accompanied by the identity and address documents of the applicant. The absence of a registered matrimonial property regime shall be credited with information from the Civil Registry.

The applicants must assert the certainty of the positive and negative facts in which the act is to be found, provide the documentation they deem appropriate for the determination of the facts and must accompany the documents proof of their civil neighbourliness at the time of their marriage and, if they are unable to do so, they must provide information of at least two witnesses to ensure the reality of the facts on which the application of the economic regime is derived legal marriage.

3. In the light of the foregoing, the Notary shall state its judgment as a whole on whether the facts are known and, if it considers that the legal economic regime of the marriage is sufficiently credentialed, it shall, on the same day and by telematic means, electronic copy of the minutes to the corresponding Civil Registry. Otherwise, the Notary shall also close the act and the non-compliant persons may exercise their right in the appropriate judgment.

Section 3. Of the public deed of marriage separation or divorce

Article 54.

1. Spouses, where they do not have minor children who are not emancipated or have the judicial capacity to be dependent on them, may agree to their marriage separation or divorce by mutual agreement, by means of a regulatory agreement in public writing. They must give their consent to the Notary of the last common address or that of the domicile or habitual residence of any of the applicants.

2. The spouses must be assisted in the granting of the public deed of the exercise.

3. The application, processing and granting of public deed shall be in accordance with the provisions of the Civil Code and this law.

CHAPTER III

Of the case files for successions

Section 1. Of the declaration of abdicate heirs

Article 55.

1. Those who consider themselves to be the right to take over a deceased person and be their descendants, ascendants, spouse or persons united by an analogous relationship of affectivity to the spousal, or their collateral relatives, may urge the declaration of the heirs. This shall be carried out on the basis of a reputation authorized by a notary competent to act in the place where the deceased had his last domicile or habitual residence, or where the majority of his or her assets were, or where he had been deceased, provided they were in Spain, at the choice of the applicant. You will also be able to choose a Notary from a district adjacent to the previous ones. By default of all, the Notary of the place of the address of the applicant shall be competent.

2. The minutes shall be initiated at the request of any person with legitimate interest, in the judgment of the Notary, and its processing shall be carried out in accordance with the provisions of this Law and the notarial regulations.

Article 56.

1. The requirement for the initiation of the act shall contain the identification and identifying particulars of the persons whom the applicant considers to be known as the inheritance and shall be accompanied by the documents of the family with the deceased of the persons designated as heirs, as well as the identity and domicile of the deceased. In any event, the death of the deceased must be credited and the deceased has occurred without a succession title by means of information from the Civil Registry and the General Register of Acts of Last Will, or, where appropriate, by authentic document of the in the judgment of the Notary, indubitatedly, that, in spite of the existence of a probate or a succession contract, the succession of abnecine proceeds, or by a firm judgment declaring the invalidity of the succession title or of the institution of heir. The documents submitted or their testimony shall be incorporated in the minutes.

The applicant must assert the certainty of the positive and negative facts, in which the act is to be found and must provide evidence of the relative nature of the person whose succession has died without a disposition of last will and that the designated persons are their only heirs.

When any interested person is a minor or a person with a judicial modified capacity and has no legal representative, the Notary will communicate this circumstance to the Prosecutor's Office to urge the appointment of a judicial defender.

2. In the minutes, at least the statement of two witnesses who assert that of their own science or of their reputation the positive and negative facts whose statement of notoriety is intended is necessary. Such witnesses may, where appropriate, be relatives of the deceased, either by consanguinity or affinity, where they have no direct interest in the succession.

The Notary, in order to seek the hearing of any interested party, will practice, in addition to the evidence proposed by the applicant, those that are deemed appropriate, and in particular those aimed at crediting his identity, domicile, nationality and civil neighbourliness and, where applicable, the applicable foreign law.

If the identity or domicile of any of the interested parties is ignored, the Notary will seek, by trade, the assistance of the organs, registers, public authorities and consular authorities who, by reason of their competence, have files or records relating to the identity of the persons or their addresses, in order for the information requested to be delivered to him, if this is possible.

If you fail to ascertain the identity or domicile of any of the interested parties, the Notary must give publicity to the processing of the minutes by means of a notice published in the "Official Gazette of the State" and may, if you consider it appropriate, use other additional means of communication. It shall also state the notice of the minutes in the notice boards of the Councils corresponding to the last address of the deceased person, to the place of death, if different, or to the place where they radiate most of their property properties.

Any interested party may object to the claim, present claims or provide documents or other evidence within a period of one month from the date of publication or, where appropriate, of the last exposure of the announcement.

3. After the preceding steps have been completed and the period of 20 working days has elapsed, from the initial requirement or from the termination of the month of the month granted to make claims in case of an announcement, the Notary will do (a) to establish a joint judgment on the recognition of the facts and presumptions in which the statement of heirs is based. Whatever the Notary's judgment, the record will end and its protocol will proceed.

If so, you will declare that relatives of the deceased are the abintering heirs, expressing their circumstances of identity and the rights that they are entitled to in the inheritance.

The reserve of the right to exercise its claim to the courts of those who would not have accredited the Notary's right to the inheritance and those that could not have been located will be recorded in the minutes. Also those who are harmed in their right may be able to go to the corresponding declarative process.

Conducted the declaration of the heir abinterment, it may be possible, if necessary, to obtain from the judicial authority the delivery of the goods that are in their custody, unless one of the heirs asks for the judicial division of the inheritance.

4. After two months after the persons concerned were summoned without any of them having been presented or if they were declared without rights, those who had come forward claiming the inheritance and if, in the case of the Notary, there is no person with the right to be (a) a copy of the act of the act to the relevant Economic and Finance Delegation shall be forwarded as a result of the administrative declaration of the heir. Where such a declaration does not correspond to the General Administration of the State, the Delegation shall transfer that notification to the Autonomous Administration responsible for that purpose.

Section 2. Of the presentation, warning, opening and protocolization of closed wills

Article 57.

1. The presentation, notice, opening and protocolisation of the closed wills shall be made before a Notary competent to act in the place where the deceased has had his last domicile or habitual residence, or where he is the most of his estate, irrespective of his nature in accordance with the law applicable, or at the place where he was deceased, provided that they were in Spain, at the choice of the applicant. You will also be able to choose a Notary from a district adjacent to the previous ones. By default of all, the Notary of the place of the address of the applicant shall be competent.

2. If ten days after the death of the grantor, the will is not presented in accordance with the provisions of the Civil Code, any interested party may ask the Notary to require the person who has a will in his or her closed so that I present it to him. The identifying data of the deceased must be credited and, by means of information from the Civil Registry and the General Register of Acts of Last Will, the death of the grantor and if he has granted other testamentary dispositions. If it is strange to the family of the deceased, in addition, you must express and credit in the application the reason why you believe that you have an interest in the presentation of the will.

3. When it appears before Notary who has in his possession a closed will in compliance with the duty established in article 712 of the Civil Code and will manifest no interest in the warning and protocolization of the will, the Notary will require to those who may have an interest in the inheritance, in accordance with what is said by the comparator, and, in any case, if they are known, to the surviving spouse, to the descendants and to the ascendants of the testator and, in the absence thereof, to the Collateral relatives up to the fourth grade to promote the file to the competent Notary, if you were interested.

When any of the interested parties were less or legally modified and lacked a legal representative, the Notary would inform the Prosecutor's Office of this circumstance so that it would appoint a judicial defender.

4. If the identity or domicile of these persons is ignored, the Notary shall give publicity to the file in the bulletin boards of the Ayaldones corresponding to the last domicile or habitual residence of the deceased, to the place of death if it is different and where they radiate most of their assets, without prejudice to the possibility of using other additional means of communication. The notices must be exposed within one month.

5. Three months after the completion of the requirements or from the end of the period of the last exhibition of the notice without the will have been filed, despite the requirement, or without any interested party having promoted the file, the file will be archived, without prejudice to resuming it at the request of any interested party.

Article 58.

1. Those who present the will or other interested party may request the Notary to, once credited with the death of the testator, quote for the nearest possible date to the Authorizing Notary of the will, if different, and, if applicable, to the Instrumental witnesses who have intervened in the grant.

2. The witnesses referred to, who may have appeared on the appointed day, shall be examined and shall be made clear to them of the documents to be examined and declared under oath or promise if they recognise as legitimate the signature and signature which under their name they appear in it, and if they find it in the same state that they had when they put their signature.

3. If you do not appear or some of the above, you will ask the others if you saw that they put your signature and rubric. The Notary may agree, if deemed necessary, to the collation of letters and other measures leading to the investigation of the authenticity of the signatures of the unappeared and of the deceased.

Article 59.

1. Practiced the proceedings referred to in the previous article, and resulting from them that in the bestowal of the will have been kept the solemnities prescribed by the law, the Notary will open the contract and read aloud the disposition testamentary, unless it contains the testator's disposition to order that some or some clauses remain reserved and secret until a certain time, in which case the reading will be limited to the other clauses of the testamentary disposition.

2. The relatives of the testator or other persons in whom an interest may be presumed may witness the opening of the statement and the reading of the will, if they have it as appropriate, without allowing them to oppose the practice of the no reason, even if they present another will.

Article 60.

1. In compliance with the above procedures, the Notary will extend the protocol, in accordance with this Law and its implementing regulation.

2. When the Notary concludes that the will does not meet the solemnities prescribed by the law or that, in his judgment, the authenticity of the contract is not proven, it will be stated, it will close the act and will not authorize the protocolization of the will.

Authorized or not protocolization, non-compliant stakeholders will be able to exercise their right in the appropriate judgment.

Section 3. Of the presentation, warning, opening and protocolization of the olograph testaments

Article 61.

1. The presentation, notice, opening and protocolisation of the test staff shall be made before a Notary competent to act in the place where the deceased has had his last domicile or habitual residence, or where the greatest part of his or her estate, irrespective of its nature in accordance with the law applicable, or in the place where he was deceased, provided that they were in Spain, at the choice of the applicant. You will also be able to choose a Notary from a district adjacent to the previous ones. By default of all, the Notary of the place of the address of the applicant shall be competent.

2. If ten days after the death of the grantor, the will is not presented in accordance with the provisions of the Civil Code, any interested party may ask the Notary to require the person who has a will in his or her olograph to present to him. The identifying data of the deceased must be credited and, by means of information from the Civil Registry and the General Register of Acts of Last Will, the death of the grantor and if he has granted other testamentary dispositions. If it is alien to the family of the deceased, in addition, you must express in the application the reason why you believe that you have an interest in the presentation of the will.

3. When it appears before Notary who has in his possession a will of the olograph in compliance with the duty established in article 690 of the Civil Code and will manifest no interest in the warning and protocolization of the will, the Notary will proceed in accordance with Article 57 (3).

4. Applications shall not be admissible after five years after the death of the testator.

Article 62.

1. Once the olograph will have been filed, at the request of the person who is present or another person concerned, the Notary shall require that the surviving spouse, if any, the descendants and the surviving spouse appear before him on the day and hour. Ancestors of the testator and, in the absence of each other, the collateral relatives up to the fourth grade.

2. If its identity or domicile is ignored, the Notary shall give notice of the file in the bulletin boards of the Ayalcés corresponding to the last address or residence of the deceased, to the place of death if it were different and where they radiate most of their assets, without prejudice to the possibility of using other additional means of communication. The notices must be exposed within one month.

3. When any of the persons referred to are minors or persons with a judicial modified capacity and has no legal representative, the Notary will communicate this circumstance to the Prosecutor's Office to urge the appointment of a human rights defender. judicial.

4. If the applicant has asked the Notary for the appearance of witnesses to testify about the authenticity of the will, the Notary will cite them to appear before him in the day and time that he points out.

5. On the appointed day, the Notary will open the olograph will when it is in closed tender, it will be signed in all its leaves and the witnesses will be examined. When at least three witnesses, who knew the letter and signature of the testator, declared that they had no rational doubt that it was manuscript and signed by him, it may be dispensed with the statements of testimony that will be lacking.

In the absence of suitable witnesses or if they doubt the examined, the Notary may agree, if appropriate, that a calligraphic expert test be carried out.

6. The interested parties may witness the practice of the proceedings and make the observations in the act that they deem appropriate on the authenticity of the will, which, if any, will be reflected by the Notary in the act.

Article 63.

If the Notary considers the authenticity of the will to be justified, it shall authorize the protocolization act and shall issue a copy thereof to the interested parties who request it.

Otherwise, you will record this, close the record and do not authorize the probate of the will.

Authorized or not the protocolization of the will, non-compliant stakeholders will be able to exercise their right in the appropriate judgment.

Section 4. Of the presentation, warning, opening and protocolization of the testaments awarded in oral form

Article 64.

1. The presentation, notice, opening and protocolization of the testaments awarded in oral form shall be made to Notary competent to act in the place where the deceased has had his last domicile or habitual residence or where he is the majority of its assets, irrespective of their nature in accordance with the law applicable, or at the place where they were deceased, provided that they were in Spain, at the choice of the applicant. You will also be able to choose a Notary from a district adjacent to the previous ones. By default of all, the Notary of the place of the address of the applicant shall be competent.

2. Any interested party may ask the Notary to grant the corresponding probate of the will of the will.

3. The identifying data of the deceased must be credited and, by means of information from the Civil Registry and the General Register of Acts of Last Will, the death of the grantor and if he has granted other testamentary dispositions. If it is alien to the family of the deceased, in addition, you must express in the application the reason why you believe that you have an interest in the presentation of the will.

The application shall be accompanied by the note, the memory or the support in which the voice or audio and video are recorded with the latest provisions of the testator, provided that it permits its reproduction, and has been taken to the grant the will.

The names of the witnesses who must be summoned by the Notary to appear before him for the purposes of their granting shall also be expressed.

Article 65.

1. The Notary, after accepting the application, shall quote the witnesses indicated by the applicant, so that they may appear before him in the day and time indicated. If he is cited as a witness, does not appear, and does not claim cause to justify his absence, the Notary will return to practice the summons indicating the day and time of the new appearance.

When the will of the testator has been recorded in any note, memory or long-lasting digital or magnetic medium, the witnesses shall be shown to say whether it is the same as they were read or recorded and if they recognize by their respective signatures and headings, in the case of having them placed.

2. The provisions laid down in the previous articles regarding the citation and presence of persons who have an interest in the practice of such actions are applicable.

3. The Notary will reflect all the actions in the act and will authorize the protocolization of the will, with the quality of without prejudice to the third, when the witness statements will be clearly and conclusively proved following circumstances:

1. The present legal cause for the grant of the will in oral form.

2. º That the testator had the serious and deliberate purpose of granting his last disposition.

3. º that the witnesses heard simultaneously from the testator's mouth all the provisions he wanted were to be had as his last will, either manifest it in word, reading or giving to read some note or memory in which he was contain.

4. That the witnesses were in the number that the law requires, according to the circumstances of the place and time in which it was granted, and which gather the qualities that are required to witness in the wills.

4. If there is any divergence in the witness statements, it shall be recorded in the minutes, and only those manifestations in which they are in conformity shall be established as testamentary. If they are not in any of the demonstrations, the file will be archived without protocol.

5. If the last wish has been recorded in a note, memory or long-lasting magnetic or digital medium, in the act of granting, it shall be as a testament that it is always that all the witnesses are in conformity with their authenticity, if any of them do not recall any of its provisions and this shall be reflected in the protocol act to which the note, memory or long-lasting digital or magnetic support is attached.

6. If the Notary does not consider the authenticity of the will to be justified, it shall record the same, close the act and do not authorize the protocolization of the will.

Authorized or not the protocolization of the will, non-compliant stakeholders will be able to exercise their right in the appropriate judgment.

Section 5 of the Albacealty and Dative Partitors

Article 66.

1. The Notary will authorize public writing:

(a) In cases of resignation of the executor in his or her post or extension of the deadline for the right to attend.

b) For the appointment of a dative accountant in the cases provided for in Article 1057 of the Civil Code. The appointment shall be made in accordance with the provisions of Article 50.

c) In the cases of resignation of the accountant-party appointed or of the extension of the deadline set for the performance of his order.

d) For the approval of the partition performed by the counter-party when necessary for there being no express confirmation from all heirs and legatees.

2. The Notary who has his place of residence in the place where his last domicile or habitual residence, or where the majority of his estate is, shall be competent, irrespective of his nature in accordance with the law. applicable, or at the place where they were deceased, provided that they were in Spain, at the choice of the applicant. You will also be able to choose a Notary from a district adjacent to the previous ones. By default of all, the Notary of the place of the address of the applicant shall be competent.

3. The Notary may also authorize public writing, if required for this purpose, as an excuse or acceptance of the office of executor.

Section 6. Of Inventory Training

Article 67.

1. It shall be competent for the formation of an inventory of the assets and rights of the deceased for the purposes of accepting or repudiating the inheritance by the calls to it, the Notary with residence at the place where the deceased had been domiciled or habitual residence, or where the majority of its assets are, regardless of their nature in accordance with the applicable law, or where they were deceased, provided that they were in Spain, at the choice of the applicant. You will also be able to choose a Notary from a district adjacent to the previous ones. By default of all, the Notary of the place of the address of the applicant shall be competent.

2. The heir who requests the inventory training must present his or her hereditary succession title and must prove to the Notary or check this through information from the Civil Registry and the General Register of Acts of Last Will. death of the grantor and the existence of testamentary provisions.

3. The Notary will have to quote the creditors and legal persons to attend, if they agree, to witness the inventory. If its identity or domicile is ignored, the Notary shall give publicity to the file in the bulletin boards of the Councils corresponding to the last domicile or habitual residence of the deceased, to the place of death if different and where they radiate most of their assets, without prejudice to the possibility of using other additional means of communication. The notices must be exposed within one month.

Article 68.

1. The inventory will begin within thirty days of the subpoena of creditors and legal persons.

2. The inventory shall contain the relationship of the assets of the deceased, as well as the documents, documents and papers of importance which are found, relating to movable and immovable property. Of the real estate registered in the Registry of the Property, will be provided or obtained by the Notary certifications of domain and loads. Cash and securities held in financial institutions shall be provided as a certificate or document issued by the depositary, and if such securities are subject to official listing, their valuation shall be included determined. If, by the nature of the goods, the intervention of experts for their assessment is considered necessary by the nature of the goods, they shall be designated by the Notary in accordance with the provisions of this Law.

3. The liability shall include a circumstantial relationship of the debts and obligations as well as the time-limits for their compliance, requesting the creditors to give an updated indication of the amount of the debts and the circumstances of the claims, and not satisfied. The amount of the debt or obligation shall be included in full, not being received by the creditors in response.

4. The inventory must be completed within sixty days from its beginning. If the period of 60 days is considered insufficient, the Notary may extend the period up to a maximum of one year. The inventory will be closed and the minutes will be closed. The rights of third parties shall be protected in any event.

CHAPTER IV

Of the obligations files

Section 1 of Payment Offering and Consignation

Article 69.

1. The offer of payment and the entry of the goods in question may be made to Notary.

2. The person who promotes the file shall express the particulars and circumstances of identification of the persons concerned in the obligation to which the offer of payment or the consignment is concerned, the address in which they may be found and the reasons for the payment. action, all relating to the subject matter of the payment or the entry and its making available to the Notary.

3. Where the goods are in money, securities and financial instruments, in the broad sense, they shall be deposited by the Notary necessarily in the financial institution contributing to the Administration of Justice.

If they are of different nature to those indicated in the previous paragraph, the Notary will have their deposit or will arrange for their custody to be appropriate for this purpose, making sure that the necessary measures are taken for their conservation, which will be adequately justified in the minutes.

4. The Notary shall notify the persons concerned of the existence of the offer of payment or the consignment, for the purposes of accepting the payment within ten working days, to withdraw the item due or to make any claims they deem appropriate.

If the creditor answers to the requirement accepting the payment or the payment in time, the Notary will give you the good to record in such a circumstance, giving to the end the file.

If this time limit does not proceed to be withdrawn, you will not make any claims or refuse to receive it, the return of the consignment will proceed without further formalities and the file will be archived.

Section 2. Reclamation Of Non-Contradicted Cash Debts

Item 70.

1. The creditor who intends to pay a money debt of a civil or commercial nature, whatever the amount and origin, liquid, determined, expired and payable, may request from Notary with residence at the address of the debtor entered in the document attesting to the debt or the document shown, or at the debtor's habitual residence or at the place where the debtor may be found, which requires payment, where the debt, is credited in the documentary form, which is of the Notary, be it. The debt shall necessarily be broken down by principal, interest and late payment interest.

Cannot be claimed by this case:

a) Debts that are merged into a contract between an entrepreneur or professional and a consumer or user.

(b) Those based on Article 21 of Law 49/1960, of 21 July, of Horizontal Property.

(c) the debts of food in which minors or persons with the legal modified capacity are concerned, or those who are subject to unavailable matters or operations subject to judicial authorisation.

d) Claims in which a Public Administration is concerned.

2. To this effect, a notarial act shall be authorized, which shall contain the following circumstances: the identity of the creditor and the debtor; the address of both, as entered in the document originating the claim, unless it is documented by the changes, in which case both and the origin, nature and amount of the debt are to be entered. The document or documents constituting the title of the complaint shall also be attached to the minutes.

The Notary will not accept the request if it were any of the excluded claims, any of the above data or documents would be missing or not competent.

3. Once the creditor's application has been accepted and the concurrence of the requirements set out in the preceding paragraphs has been verified, the Notary shall require the debtor to pay the petitioner within twenty working days.

If the debtor is unable to be located in any of the possible addresses accredited in the act or cannot deliver the order, the Notary will terminate his action, making such a circumstance and the exercise of the right of the creditor by judicial means.

5. The order of the debtor will be validly performed if it is located and effectively required by the Notary, although he will refuse to take charge of the accompanying documentation, which will remain at his disposal in the Notary. The requirement for any employee, family member or person with whom the debtor coexists is also valid, provided that he is older, when he is in his home, and the Notary must warn the recipient that he is obliged to to give the request to the recipient or to give notice if he knows his whereabouts. If the requirement is made in the non-occasional place of work of the addressee, in the absence of the addressee, the person in charge of the unit shall be made to receive documents or objects.

In case the recipient is a legal person the Notary will understand the diligence with the oldest person who will be at the address indicated in the document previously expressed and which is part of the body of (a) to be a representative with sufficient powers or who, in the Notary's judgment, acts as a person in charge of the legal person to receive such requirements or strong notifications in his or her interest.

Article 71.

1. Once the order has been applied, if the debtor appears before the requesting Notary and the debt is paid in full within the next 20 working days, the act shall be recorded in the same way as the letter of payment. In such a case, the Notary shall proceed without delay to deliver the amount paid to the creditor in the form that the creditor would have requested.

If the debtor will pay directly to the creditor, and within the stated time limit, credit this circumstance, with confirmation expressed by the creditor, the Notary will close the act, giving the action to the end.

If there is no express confirmation by the creditor within the time limit for the payment, the Notary will also close the act, leaving the court open.

2. If the debtor appears before the Notary to formulate an opposition, the reasons underlying it shall be collected, which shall be recorded by diligence. Once such a circumstance has been communicated to the creditor, the notarial action shall be terminated, with the exception of the rights of the creditor for the claim of the debt in the judicial way.

Where several debtors have been required for a single debt, the opposition of one may lead to the end of the notarized action in respect of all, if the cause is concurrent, stating the payments which could have been made. perform any of them.

3. If, within the prescribed period, the debtor does not appear or do not claim grounds of opposition, the Notary shall record that circumstance.

In this case, the minutes will be a document that will be implemented for the purposes of Article 517 (2) of the Civil Procedure Law. Such enforcement shall be carried out in accordance with the provisions of the out-of-court executive titles.

CHAPTER V

From the notarial auction file

Article 72.

1. Auctions which are made before a Notary in compliance with a legal provision shall be governed by the rules which they set out respectively and, failing that, by those of this Chapter.

Auctions that are made to Notary in compliance with a judicial or administrative decision, or a contractual or testamentary clause, or in the execution of an arbitration award or mediation agreement or by special agreement in public instrument, or voluntary instruments shall also be governed by the rules of this Chapter.

2. In any event, the rules which for electronic auctions are laid down in procedural law shall be applied in a supplementary manner provided that they are compatible.

3. If there is nothing available, and the auction is held in compliance with a judicial or administrative decision, it shall be competent, in default of designation by agreement of all the interested persons between the Notaries with residence in the field of jurisdiction of the judicial or administrative authority, which is designated by the holder of the right or right to be auctioned or of most of it, if several, among the competent authorities. If the various holders were owners of equal parts, the choice of the Notary shall correspond to that which was previously held. If it is not possible to determine to whom the designation of the Notary corresponds, or if it is not communicated to the judicial or administrative authority by whom it corresponds within five days from the requirement to carry it out, it will proceed to designate in accordance with the rules of procedure between those who are competent.

In the remaining cases, it will be the competent Notary that is freely designated by all interested parties. Failing that, and in the absence of any provision for such provision, the applicant shall have the right to be freely designated by the applicant, if he is a holder of the goods or right to be auctioned. If it is not, the Notary shall have jurisdiction in the domicile or habitual residence of the holder or of any of the holders, if they are several, or of the situation of the good or of the majority of the goods, at the request of the applicant. You will also be able to choose a Notary from a district adjacent to the above.

Article 73.

1. The Notary, at the request of a person entitled to urge the sale of a good, movable or immovable property, or right, shall proceed to convene the auction, after examination of the application, giving faith of the identity and capacity of its promoter and of the legitimacy to be instantiated.

The auction will be electronic and will be held at the State Official Gazette's Auction Portal. In any event, the Notary shall be entitled to the approval of the minutes reflecting the essential circumstances and the outcome of the auction and, where appropriate, the authorization of the corresponding public deed of sale.

2. The applicant shall prove to the Notary the property of the good or right to auction or its legitimization to dispose of it, the freedom or the state of charge of the good or the right, the rent and possessor situation, the physical state in which it is located, outstanding obligations, valuation for the auction and how many circumstances influence its value, as well as, where applicable, the representation with which it acts.

3. The Notary, after checking the compliance of the previous extremes and after consulting the Public Registry Office for the purposes provided for in the special legislation, will accept, if necessary, the requirement. If I agree with his origin, the Notary shall inform the Public Registry of the existence of the file with express specification of the tax identification number of the holder of the natural or legal person whose property is to be the object of the auction. The Public Registry Office shall notify the Notary that it is aware of the case 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 Notary will inform the Public Registry of the completion of the case when it occurs.

4. Agreed upon its conclusion, if it were a real estate or right registered in the Registry of the Property or movable property subject to a system of advertising registration similar to that of those, the Notary will request for electronic procedures certification of domain and loads. The Registrar shall issue the certification with continuous information in the same way and shall record by note to the margin of the estate or the right this circumstance. This note will produce the effect of indicating the sale situation at auction of the right or right and will expire six months after its date unless the Notary notifies the Registrar before the file is closed or his suspension, in which case the period shall be computed from the time the Notary notifies its resumption.

The Registrar will notify, immediately and in a telematic manner, the Notary and the Auction Portal of the State Official Gazette the fact that another or other titles that affect or modify the initial information.

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

Article 74.

1. The notice of the invitation to tender shall be published, in addition to the places designated by the sponsor of the file, in the "Official State Gazette".

The auction call must be announced at least 24 hours before the time limit for the submission of positions is to be opened.

The notice will contain only the date, the name and last name of the Notary in charge of the auction, place of residence and the protocol number assigned to the opening of the minutes, and the electronic address corresponding to the auction in the Portal of Auctions. This shall indicate the general and particular conditions of the auction and the assets to be auctioned, as well as how much data and circumstances are relevant and the minimum amount eligible for the tender in your case. The registration certificate, dealing with goods subject to registration, may be consulted through the Auction Portal, which will inform you of any changes in your ownership or status of charges. It shall also indicate, where appropriate, the possibility of visiting the immovable property to be auctioned or to examine with the necessary guarantees either the movable property or the credit certificates, if applicable.

2. The Notary shall notify the owner of the right or right, except the applicant himself, the initiation of the file, as well as all the content of his announcement and the procedure followed for the fixing of the type of auction. It will also require you to appear in the minutes, in defense of your interests.

Diligence shall be carried out either personally, either by sending a registered letter with an acknowledgement of receipt to the registered office or, failing that, in public document, or in the case of non-registered goods, at the usual registered office. If the address is not known, the notification shall be made by edicts.

Diligence will be performed either personally, either by sending registered letter with acknowledgement of receipt or in any of the forms provided for by the notarial legislation at the registered office. In the case of non-registered goods, it shall be sent to the accredited registered office. If the address is not known, the notification shall be made by edicts.

The Notary shall communicate by the same means, where appropriate, the holding of the auction to the rightholders and the charges that appear in the domain certification, as well as to the tenants or occupants who are identified in the application. If you can't locate them, it will give you the same publicity as the one that is foreseen for the auction.

3. If the valuation is not contractually established or has not been supplied by the applicant when the applicant is able to do so by himself, it shall be fixed by expert appointed by the Notary in accordance with the provisions of this Law. The expert will appear before the Notary to deliver his opinion and ratify it. Such valuation shall be the type of the tender. Positions below the type shall not be supported.

4. If the owner of the property or a third party who is deemed entitled to do so appears to oppose the conclusion of the auction, the Notary shall record his opposition and the reasons and documents that he has for this purpose, subject to the actions that were from. The Notary shall suspend the file when the interposition of the corresponding claim is justified, proceeding to its resumption if it is not admitted.

Article 75.

1. The electronic auction shall be performed subject to the following rules:

1. The auction will take place in the Auction Portal of the State Official Gazette, whose management system will be connected to the Notaries through the computer systems of the General Council of the Notary. All exchanges of information to be carried out between the Notaries and the Auction Portal will be conducted in a telematic manner.

2. The auction shall be open at least 24 hours from the date of publication of the notice in the "Official State Gazette", once 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 be made only for at least 20 calendar days after opening. Its development shall be adjusted, in all matters not opposed to this chapter, to the rules laid down in the Law on Civil Procedure that are applicable to it. In any event, the Auction Portal will report during its celebration of the existence and amount of bids.

4. To be able to participate in the auction it will be necessary to be in possession of the corresponding accreditation to intervene in the same one, after having entered in electronic form the 5 per 100 of the value of the goods or rights.

If the applicant would like to participate in the auction, the constitution of this consignment will not be required. It will also not be required of co-owners or co-owners of the right or right to auction.

2. On the date of closure of the auction and subsequent to the auction, the Auction Portal will forward to the Notary a certified information of the telematic position that would have been successful, as well as, in order of decreasing amount and chronological order in the the case of being identical, of all the others who have opted for the reserve of position.

The Notary will extend the due diligence in which it will record the aspects of legal transcendence; the claims that have been filed and the reservation of the corresponding rights before the Courts of Justice; the identity of the highest bidder and the price offered by him, the positions that follow the best and the identity of the bidders; the Notary's judgment that the legal norms that regulate it, as well as the award, have been observed in the auction of the right or right auctioned by the applicant. The Notary will close the record, stating in it that the auction has been completed and the right or right awarded, proceeding to its protocolization.

If no bidder is present, the Notary will record it, declare the auction deserted, and agree to close the file.

3. Successive proceedings shall include, where appropriate, the payment of the remainder of the price by the successful tenderer within 10 working days of the entity attached to the Auction Portal at the disposal of the Notary; the delivery by the Notary to the applicant or their deposit at the court's disposal or in favour of the persons concerned of the quantities which they have received from the successful tenderer; and the return of the electronic consignations made to take part in the auction by persons who have not been successful adjudicataries.

The return of the consignations made to take part in the auction by persons who have not been awarded, will not be made until the total of the price of the award has been paid if this is the case requested by the bidders.

If the successful tenderer fails to fulfil his obligation to deliver the difference in the price between the consignment and the goods actually killed, the award shall be made to the second or subsequent highest bidder who has requested the reservation of their entry, losing the consignations to the defaulters and giving them the fate established in the Law of Civil Procedure.

However, the provisional suspension of the auction or award shall be made until the time limit set for the exercise, where appropriate, of the right of preferential acquisition of the members or, where applicable, of the society.

4. In all cases in which the law requires a public document as a requirement for the validity or effectiveness of the transmission, the good or the right, the owner or his representative, shall be awarded to the Notary public deed of sale in favor of the law. the successful tenderer at the time of completing the payment of the price. If the holder or his representative refuses to grant a sale, the auction record shall be sufficient to ask the competent court to issue the corresponding order in respect of the declaration of intent, in the words provided for in Article 708 of the Civil Procedure Act.

In the other cases, the authorized copy of the act shall serve as a title to the rematter.

Article 76.

1. The notarial auction that causes a forced sale can only be suspended, and if necessary close the file, based on the following causes:

(a) When the Notary judgment is filed, even if it is not firm, supporting the absence or extinction of the guaranteed obligation and in the case of registrable goods or credits, certification of the registration a corresponding certificate of cancellation of the charge or public writing of a payment letter or of the alteration in the position of ownership or charges of the estate.

The performer must expressly consent to its continuation despite the modification of the status of loads.

Dealing with actions, social interests or social parts in general, certification, with a signed legitimized signature of the administrator or non-counselor of the society, accreditative of the seat of cancellation of the actual right or embargo on the rights of the partner.

(b) Where the existence of a criminal case is documented, which may determine the untruth of the title by virtue of which the sale procedure is applicable, the invalidity or the iliteness of the procedure. The suspension will remain until the end of the process.

(c) If the Notary is justified in the declaration of the debtor's tender or the cessation of enforcement actions, in the cases provided for in the court of law, even if the notices of the auction of the either. In this case, only the suspension will be lifted when it is established, by means of testimony of the decision of the Judge of the contest, that the goods or rights are not affected, or are not necessary for the continuity of the professional or business activity of the debtor. It shall also be raised where appropriate, when the judgment is filed which omits the agreement reached or the public deed or the certification closing the file together with its communication to the competent Judge and the Public Registry.

d) If demand for domain terceria was filed, it inexcusably accompanied with it title of ownership, prior to the date of the title on which the auction base. The suspension will remain until the resolution of the terceria.

e) If it is established that an auction procedure has been initiated on the same goods or rights. Being notarial, this accreditation will be done by authorized copy or notification of the computer systems of the General Council of the Notary. These facts may be brought to the attention of the relevant Court, in the judgment of the Notary.

2. In the preceding cases, if the cause of the suspension affects only part of the goods or rights included in the extra-judicial sale, it may follow the procedure with respect to the other, if so requested by the creditor or promoter of the procedure.

3. In the case of loans or personal loans, or any other mortgage or non-mortgage financing instrument, without prejudice to the provisions of its special rules, the extra-judicial sale shall be suspended when it has been established before the competent court, the abusive or non-transparent nature of any of the clauses constituting the basis of the out-of-court sale or which has determined the amount payable. Once the matter has been substantiated and provided that, in accordance with the relevant judicial decision, it is not an abusive or non-transparent clause which constitutes the basis of the execution or has determined the amount payable, the Notary may continue the extra-judicial sale at the request of the creditor or promoter thereof.

4. The suspension of the auction for a period of more than 15 days shall entail the release of the consignment or return of the collateral provided, taking back the situation immediately prior to the publication of the notice. The resumption of the auction shall be carried out by means of a new publication of the notice and a new request for registration information as if of a new auction.

5. In the case of registrable goods, if the claim of the creditor and the initiation of the out-of-court sale are based on any cause other than the expiration of the period or the non-payment of interest or any other benefit to which If the debtor is obliged, the procedure shall be suspended, provided that the opposition to the auction has been recorded in the Register of Property or movable property prior to the auction. To this end, the Judge, at the same time as ordering the preventive annotation of the complaint, will agree that the Notary will be notified of the resolution relapse.

Article 77.

Voluntary auctions may be convened under particular conditions included in the specification, and must be entered in the Auction Portal. Therefore, the applicant, in the specification of particular conditions, may increase, decrease or delete the prior electronic consignment and take any other determination analogous to that expressed.

In all other cases, the general rules contained in this Chapter shall apply to the voluntary auctions, subject to the provisions of Article 74 (3).

CHAPTER VI

Of Cases in Mercantile Matters

Section 1. Of theft, theft, loss or destruction of title-value

Article 78.

1. They shall be entitled to request from the Notary the adoption of the measures provided for in the mercantile legislation in cases of theft, theft, loss or destruction of securities or representation of partner parties the legitimate holders of such securities. certificates which have been dispossessed of them or which have been destroyed or lost.

2. The notary of the place of payment in the case of a credit claim, the place of deposit in the case of securities of deposit, or the place of the place of domicile of the issuing institution where the securities are held shall be competent to hear the case of such files. transferable securities, as applicable.

3. The Notary, after accepting the request of the legitimized and following examination of the same, giving faith of the identity and appreciating the capacity of the promoter and the legitimacy to urge it, will communicate it, by requirement, to the issuer of the titles and, if it will deal with a listed title, the Society Rector of the corresponding Stock Exchange, and will request the publication in the corresponding section of the "Official State Gazette" and in a newspaper of great circulation in its province. Both the requirement and the announcements will be cited to those who may be interested in the procedure to appear in the Notary on the day and time that they are pointed out.

4. If he appears, the Notary shall record the holding of the appearance and, in accordance with the request, urge the sponsor of the file and the issuer of the securities to not proceed with their negotiation or transfer, as well as the suspension. compliance with the payment obligation documented in the title or payment of the capital, interest or dividends, or the deposit of the goods, as appropriate for the purposes of the title in question.

5. Without prejudice to the provisions of the preceding paragraph, where it is a tradition title, the goods shall not be deposited if they are impossible, difficult or very costly to preserve or to correct the danger of serious deterioration or to decrease considerably in value. In such a case, the Notary shall require the holder or the depositary, after hearing the holder of the title, to deliver the goods to the applicant if the applicant has provided sufficient caution for the value of the goods deposited more than compensation for damages to the holder of the title if it was subsequently established that the applicant was not entitled to delivery.

6. At the request of the applicant, the Notary may appoint an administrator for the exercise of the rights of assistance and of the voting rights to the general and special meetings of shareholders corresponding to securities which are transferable securities, as well as for the challenge of social agreements. The remuneration of the appointee shall be borne by the applicant.

7. After the period of six months without any controversy, the Notary shall authorize the person who promoted the file to collect the returns produced by the title, requiring the issuer to make its payment to the issuer.

8. After a year without an opposition, the Notary shall require the issuer to issue the new securities, which shall be delivered to the applicant.

9. In no case shall the title or title be cancelled, if the current holder of the opposition has acquired them in good faith in accordance with the law of movement of the title itself.

10. In the event that the cancellation of the title or title is not appropriate, the person who has been a legitimate holder at the time of the loss of possession shall have the civil or criminal proceedings which correspond to that person who has acquired bad faith the possession of the document.

Section 2. Of deposits in commercial matters and the sale of deposited goods

Article 79.

1. In all cases where, by law or agreement, the deposit of movable property, securities or commercial effects, may be made before Notary by means of deposit, in accordance with the provisions of this Law and in its execution rules.

2. If the deposit consists of letters of change or other effects that may be prejudiced by its non-presentation on certain dates to the acceptance or payment, the Notary, at the request of the depositor, may proceed to make such presentation. If the amount is satisfied, the deposit of the effects will be replaced by the amount of money.

3. In all cases in which the sale of the goods or effects deposited is permitted under commercial law, the Notary, at the request of the depositor or the depositary himself, may convene and proceed with the sale of the goods. To this effect, it will proceed as foreseen in this Law for the notary auction minutes, and will be given to the amount obtained the destination established in the mercantile legislation.

Section 3. The appointment of experts in insurance contracts

Item 80.

1. The procedure laid down in this Article shall apply where, in the insurance contract, in accordance with its specific legislation, there is no agreement between the experts appointed by the insurer and the insured person to determine the damage produced, and are in compliance with the designation of a third party.

2. The appointment will be the responsibility of the Notary to whom the insured and the insurer come from mutual agreement. In the absence of agreement, any person who has his or her residence at the place of the insured person's domicile or habitual residence or where the object of the assessment is located, at the request of the applicant. You will also be able to choose a Notary from a district adjacent to the above.

3. You may promote this file either of the parts of the insurance contract or both.

4. The file shall be initiated by means of a statement lodged by any of the parties concerned, stating the fact that the experts appointed to assess the damage suffered will be disengaged, and the appointment of a third expert shall be sought. The insurance policy and expert opinions shall be accompanied in writing.

5. If the application by the Notary is accepted, the Notary shall call for an appearance so that the persons concerned may agree to the appointment of another expert; if there is no agreement, they shall be appointed in accordance with the provisions of the Article 50.

6. When the appointment is verified, the appointee will be informed to show whether he or she accepts it, which he or she will be able to do on the basis of just cause. Once accepted, the subsequent appointment will be provided, requiring the parties to make the necessary provision of funds within three days, and the expert must issue the opinion within the time limit set by the parties and, in his defect, within 30 days of the acceptance of the appointment. The opinion shall be drawn up and shall be completed.

CHAPTER VII

From the reconciliation files

Article 81.

1. The reconciliation of the various interests of the licensors may be made before Notary in order to reach an out-of-court settlement.

2. The conciliation may take place on any contractual, commercial, successor or family dispute, provided that it does not fall on the subject of unavailable material.

The issues provided for in the bankruptcy law may not be reconciled in accordance with this procedure.

They are unavailable:

(a) Issues in which minors and persons with a judicially modified capacity for the free administration of their property are concerned.

(b) The issues in which the State, the Autonomous Communities and the other public administrations, corporations or institutions of the same nature are concerned.

c) Trials on civil liability against Judges and Magistrates.

(d) In general, agreements to be concluded on matters not subject to compromise or compromise.

Article 82.

1. The public deed which formalizes the agreement between the interested parties or, where appropriate, the attempt without effect or compromise shall be subject to the authorization requirements laid down in the notarial legislation.

2. If there is agreement between the parties concerned in all or part of the purpose of the conciliation, it shall be stated in detail in the public deed as soon as they agree and that the act has ended in agreement as well as the terms of the act. If no agreement is reached, it shall be stated that the act has ended without agreement.

3. The modification of the agreed content shall also be entered in notarial public deed provided that the judicial execution has not been initiated.

Article 83.

1. The notarial public deed which formalizes the conciliation shall in general enjoy the effectiveness of a public instrument and, in particular, shall be effectively enforceable under the terms of Article 517 (2) of the Law of Civil Prosecution. The execution shall be verified in accordance with the provisions of the out-of-court executive titles.

2. Any of the parties may request from the Notary, an authorised copy of an executive character, as long as the parent is not aware of the modification of its content or its execution. '

Two. An additional provision is introduced with the following wording:

" Additional disposition first. References to the Civil Code.

The references made in this Law to the Civil Code should be understood, if necessary, also to the civil laws forales or special laws where they exist. "

Final disposition twelfth. Modification of the Mortgage Act.

One. The first paragraph of Article 14 is read as follows:

" The title of the hereditary succession, for the purposes of the Register, is the will, the succession contract, the act of notoriety for the declaration of heirs abinterment, the administrative declaration of the heir abhinterto the State and, where appropriate, the European Certificate of Succession. '

Two. A new Title IVa is included, which is worded as follows:

" TITLE IVA

From the reconciliation

Article 1010a.

1. The Registrar shall be competent to know of the acts of conciliation on any real estate, urban and commercial disputes or to be seen on facts or acts that are inscribed in the Registry of the Property, Mercantile or other record (a) public authorities should be responsible, provided that they do not fall within the scope of the non-available matter, in order to reach an out-of-court agreement. The conciliation for these disputes may also be held, at the discretion of the interested parties, before Notary or the Judicial Secretary.

The issues provided for in the bankruptcy law may not be reconciled in accordance with this procedure.

2. In the event of conciliation, the Registrar shall certify the agreement between the parties concerned or, where appropriate, that they have been attempted without effect or compromise. '

Final disposition thirteenth. Amendment of the Law of December 16, 1954, of Mortgage Mobiliaria and garment without displacement of the possession.

One. The second section of Chapter I of Title V shall have the following name:

" Section 2. Extra-judicial sale "

Two. Article 86 is worded as follows:

" Article 86.

For the extra-judicial sale procedure to be applicable:

1. º that in the writing of the mortgage is designated by the debtor, or by the mortgage not debtor, if any, a representative that represents him, in his day, in the sale of the mortgage goods. This representative may be the creditor himself.

2. The price in which the goods are valued is also recorded. The type of auction agreed shall not be different from that which is fixed, where appropriate, for the judicial procedure.

3. To be fixed by the debtor, or mortgage non-debtor in his case, a domicile for requirements and notifications. An electronic address may also be designated, in which case the requirements and notifications shall also be made in that form.

In all that is not specifically regulated in this Law, it will be applied to the extra-judicial forcible sale derived from the movable mortgage and garment without displacement, the rules on electronic auction contained in the procedural law. "

Three. Article 87 is worded as follows:

" Article 87.

The extra-judicial procedure will necessarily conform to the following rules:

1. You may only be followed by a Notary competent to act in the place where you radiate the mortgaged goods or from a district adjacent to it.

2. It will be initiated by a requirement directed by the creditor to the Notary who, prior to the fulfilment of the requirements of this article, proceeds to the sale of the goods in public auction.

In the order, the creditor shall record the exact amount that is the subject of the claim, by principal and interest, and the cause of the maturity, by giving the Notary the title or title of his credit, covered by all the requirements required by the Civil Procedure Act to be enforceable.

This requirement will be entered in the minutes.

3. At the request of the creditor, the Notary shall require payment to the debtor, and, where applicable, to the mortgage non-debtor or the third holder, with the expression of the cause of the maturity and the total amount claimed, and shall be stated as if the payment will not be made will proceed to the auction of the mortgaged goods, without the need of new notifications or requirements.

The required, within five days of the requirement, must pay or hand over the material possession of the mortgaged property to the creditor or authorized representative in the mortgage constitution.

When the debtor fails to surrender the possession of the goods, the Notary shall not proceed with the sale procedure if the creditor so requests, who may also, to make his credit effective, to go to any of the judicial proceedings, without prejudice to the exercise of the civil and criminal actions that correspond to it.

4. On request of the creditor, to whom the order of payment will be accompanied, the Registrar shall issue a literal certification of the seat of the mortgage, in which it shall be expressed that it is subsisting and uncancelled or, if necessary, the cancellation or modifications to be recorded in the Register, and the subsequent seats shall be related.

The Registrar will record, regardless of the mortgage registration, that he has issued the certification expressing his date, the initiation of the procedure and the Notary to whom it follows.

When the registration certificate appears to be a seat after the registration of the mortgage, the debtor and the holder shall be notified of the existence of the procedure so that it can, if it is agreed, intervene in the auction or satisfy before the auction the amount of the credit, interest and costs. In the latter case, the creditors shall be subrogated to the rights of the actor and the payment and the subrogation shall be made on the margin of the registration of the mortgage on which the creditors are subrogated and of the respective seats, by means of presentation in the Register of the notarial record of delivery of the amounts due or of the injunction, if any.

5. Translate five days from the practice of the requirement, the auction will be held, the convocation of which will be announced in the "Official Gazette of the State". The auction will be held electronically on the State Official Gazette State Agency Auction Portal. The auction shall accept positions for a minimum period of 20 calendar days from its opening and shall not be closed until one hour after the last position has been taken, even if this leads to an extension of the initial period of 20 days to which refers to this article for a maximum of 24 hours.

6. The realization of the value of the good will be carried out through a single auction for which the value of valuation established in the writing of mortgage constitution will be used. However, if positions equal to or greater than 70 per cent of the value for which the good had been auctioned are presented, the estate to whom the best position is present shall be understood.

When the best position presented is less than 70 percent of the type indicated for the auction, the debtor may submit, within ten days, third party that improves the position, offering a quantity equal to or greater than 70 percent. (a) the value of the valuation or which, even less than that amount, is sufficient to achieve the full satisfaction of the creditor's right.

After the expressed period without the debtor or the registrant of the domain of the goods carrying out the provisions of the preceding paragraph, the creditor may ask, within the five-day term, the award of the good or goods for 70 percent of the value in which it was put up for auction, or for the amount owed to it by all the concepts, provided that the amount is greater than 60 percent of the value of the valuation and the best position.

If the creditor does not make use of the above right, it shall be deemed to have been killed by the person who has presented the best position, provided that the amount he has offered exceeds 50% of the value of the valuation or, less, cover at least the amount claimed by all concepts.

If at auction there is no bidder, within ten days, the creditor may request the award by an amount equal to or greater than 50 percent of its value for valuation or for the amount owed to it by all the concepts.

7. The executing creditor may attend the auction as a tenderer, provided that there are other tenderers, without the need to enter any amount. All other tenderers must deposit, in order to take part in the auction, 5 per 100 of the valuation value. The entry may be made by consenting to the effect of the following rule.

8. Termination of the auction with the award to the highest bidder, will deposit this in the power of the Notary, within the second day, the difference between the previous deposit and the price of the award, and will be returned to the other bidders the deposit that they have constituted. If the successful tenderer does not enter that quantity, the bidder shall be awarded the good following the first in the order of his positions and which would have consented to the reservation of his entry. The entries of those bidders who have not come to satisfy the difference shall be used for the payment of the costs of the procedure and the excess, if any, for the payment of the credit and interest.

Where the successful tenderer is the creditor himself, he must enter the difference between the amount claimed and the price of the award, and if he does not do so, he shall be responsible for the costs of the auction held and the After they are required.

9. The amount obtained in the auction will be used, once all the expenses of the procedure are satisfied, to the payment of the credit for principal and interest.

The excess will be delivered, by the Notary, to the mortgagor or third holder if other persons who have worked embargo on them or filed a judicial claim, and if any, are deposited at their disposal. in a public establishment intended for this purpose.

10. The award of the goods shall be entered in public deed granted by the successful tenderer and the debtor, or the non-debtor or third holder, as appropriate, or his/her successor in title and, if the latter does not If they have been compared, they shall be granted by the President-designate to that effect.

In this public deed, the procedures observed, the price of the award, its payment by the successful tenderer, the payment made to the creditor and the destination given to the excess, if any, shall be recorded.

If the successful tenderer is the same creditor and has also been appointed as president, he may grant the public deed in this dual term, stating the above.

The public award deed will be a sufficient title to credit the property of the goods and to practice the cancellation of the mortgage and the subsequent seats, if in it I will note the payment made to the creditor and the destination given to the excess if any.

If the rematcher is a co-owner or third holder of the auctioned goods, once the amount of the auction has been entered, the Notary shall limit the award to the other undivided units that are executed or, without verifying it, declare the procedure terminated, as the case may be. A copy of the minutes of the auction, where no award exists, shall be equally entitled to practice the cancellation of the mortgage and subsequent seats, if in it I shall record the payment made to the creditor and the destination given to the excess if the there.

11. If the auction is deserted and the creditor does not ask for the award, the procedure shall be terminated without effect, and the right of the creditor shall be issued in order to exercise it in the appropriate judicial proceedings.

If the price of the property is insufficient to pay the total credit of the creditor, it shall retain its right to the difference.

12. The procedures of the procedure, except for the writing of the award of the goods, shall be recorded by means of proceedings following the act of initiation referred to in the second rule.

This record will be incorporated into the protocol on the date corresponding to the last due diligence. The public award deed shall be given on the basis of note in that act.

13. The successful tenderer of the goods shall be placed in possession of the goods by the person who has it, in accordance with the third rule. If they are not handed over, they may request the judicial possession of the same in accordance with the Law of Civil Procedure, without prejudice to the civil or criminal sanctions that may be exercised against those who have been unjustly denied to the surrender. "

Four. Article 88 is worded as follows:

" Article 88.

The out-of-court sale procedure can be suspended only for one of the following reasons:

First. That the certification of the Accredited Registry will be filed if the mortgage is cancelled or filed public letter of payment or cancellation of that.

Second. Where the existence of a criminal case is documented in the case of any act of a criminal appearance determining the untruth of the title under which the sale procedure is to be made, the invalidity or the iliteness of the procedure.

Third. If the notary is found in the debtor's declaration of contest, even if the announcements of the auction of the good are published. In this case, only the suspension will be lifted when it is established, by means of testimony of the decision of the Judge of the contest, that the goods or rights are not affected, or are not necessary for the continuity of the professional or business activity of the debtor.

Fourth. If demand for domain terceria was filed, accompanying inexcusably with her title of property, prior to the date of the mortgage writing. In the case of goods which may be registered in a register, this title must also be registered with the date before the mortgage. The suspension will remain until the end of the third-party trial.

Fifth. If it is credited, with certification of the corresponding Register, that the same goods are subject to another mortgage or property mortgage, under article 111 of the Mortgage Act, in force or registered before the I will motivate the procedure. These facts shall be brought to the attention of the Court concerned, for the purposes of Article 1862 of the Civil Code.

In the two preceding cases, if the cause of the suspension affects only part of the goods in the mortgage, you can follow the procedure with respect to the others, if so requested by the creditor.

The extra-judicial sale will also be suspended when either party has established before the judge that the abusive character of any of the contractual clauses of the mortgage loan that constitutes the basis of the out-of-court sale or that the amount payable has been determined. Once the matter has been substantiated, and provided that, in accordance with the relevant judicial decision, it is not an abusive clause that constitutes the basis of the execution or has determined the amount payable, the Notary may continue the extra-judicial sale at the creditor's request.

Verified of the circumstances provided for in paragraphs 1 and 2, the Notary will agree to suspend the procedure until, respectively, terminate the criminal procedure or the registration procedure if not declare the falsehood or do not register the cancellation of the mortgage.

The suspension of the auction for a period of more than 15 days will lead to the release of the consignations or return of the loan guarantees, taking back the situation immediately prior to the publication of the announcement. The resumption of the auction shall be carried out by a new publication of the notice and a new request for registration information as if it were a new auction.

If the claim of the creditor and the initiation of the out-of-court sale were based on any cause other than the expiration of the time limit or the non-payment of interest or any other benefit to which the creditor was obliged to the debtor, the procedure shall be suspended, provided that the opposition to the auction has been recorded in the Register prior to the auction. To this end, the Judge, at the same time as ordering the preventive annotation of the complaint, will agree that the Notary will be notified of the resolution relapse. "

Five. The first paragraph of Article 89 is worded as follows:

"In the mortgage of commercial establishments, in addition to the rules set out above, the following are observed:"

Final disposition fourteenth. Modification of the Recast Text of the Law of Capital Societies, approved by the Royal Legislative Decree 1/2010, of July 2.

One. Article 139 (3) and (4) and Article 141 (2) are worded as follows:

" Article 139.

3. In the event that the company has not reduced the share capital within two months of the end of the period for the disposal, any interested party may request the reduction of the capital to the Registrar or Commercial registrar of the place of the registered office. Administrators are required to apply for a judicial reduction or registration of the social capital when the agreement of the board would have been contrary to that reduction or could not be achieved.

The file before the Judicial Secretary will be processed in accordance with the Law of Voluntary Jurisdiction. The request addressed to the Commercial Registrar shall be processed in accordance with the provisions of the Regulation of the Commercial Registry.

The favorable or unfavorable decision will be subject to the Judge of the Mercantile.

4. The social units or shares of the dominant company shall be held at the request of a party interested by the Registrar or the Commercial Registrar in accordance with the procedure laid down for those in the Law of Jurisdiction Voluntary and in the Regulation of the Commercial Register for these. "

" Article 141.

2. If the shares are not included within the time limit, the company shall immediately agree on its depreciation and the reduction of the capital. If the company omits these measures, any interested party may request its adoption by the Registrar or the Commercial Registrar of the registered office. The managers of the acquiring company are required to request the adoption of these measures, where, for the circumstances that they were, the corresponding depreciation and capital reduction agreement cannot be achieved.

The case before the judicial secretary will be accommodated in the proceedings of voluntary jurisdiction. The request addressed to the Commercial Registrar shall be processed in accordance with the provisions of the Regulation of the Commercial Registry.

The favorable or unfavorable decision may be made before the Judge of the Mercantile. "

Two. Articles 169, 170 and 171 are worded as follows:

" Article 169. Competition for the call.

1. If the ordinary general meeting or the general meetings provided for in the statutes are not convened within the relevant statutory or statutory period, it may be, at the request of any of the partners, after hearing the administrators, by the Registrar or Commercial Registrar of the registered office.

2. If the administrators do not attend the request for a general meeting of the minority, the call may be made, after hearing the administrators, by the judicial secretary or by the Registrar. The business of the registered office.

Article 170. Scheme of the call.

1. The Secretary-General shall convene the general meeting in accordance with the provisions of the legislation of voluntary jurisdiction.

2. The Commercial Registrar shall convene the general meeting within one month after the request has been made, indicate the place, day and time for the celebration as well as the order of the day and appoint the president and secretary of the board.

3. No recourse shall be made against the decision to which the general meeting is to be convened.

4. The costs of the registration shall be taken into account by the company.

Article 171. Call in special cases.

In the event of death or termination of the single administrator, of all the solidarity managers, of any of the joint administrators, or of the majority of the members of the board of directors, without any alternates, any partner may request from the Registrar and the Commercial Registrar of the registered office the general meeting for the appointment of the administrators.

In addition, any administrator remaining in the office may convene the general meeting with that sole object. "

Three. Articles 265 and 266 are worded as follows:

" Article 265. Competence for the appointment of auditor.

1. Where the general meeting has not appointed the auditor before the end of the financial year, and the person appointed does not accept the post or is unable to discharge his duties, the administrators and any other partner may request the auditor to Judicial Registrar or Commercial Registrar of the registered office the designation of the person or persons to be audited.

In public limited liability companies, the application may also be made by the commissioner of the bondholders ' union.

2. In companies which are not required to submit annual accounts to be checked by an auditor, the partners representing at least five per cent of the share capital may apply to the Registrar or Commercial Registrar of the registered office which, under the responsibility of the company, names an auditor to carry out the review of the annual accounts for a given year, provided that three months have not elapsed since the date of closure of the said financial year exercise.

3. The request addressed to the Commercial Registrar shall be processed in accordance with the provisions of the Regulation of the Commercial Registry.

If the appointment is to be filed with the Registrar, the procedures laid down in the legislation of voluntary jurisdiction will be followed.

4. The decision of the Commercial Registrar to which the appointment is agreed or rejected shall be subject to the provisions of the Regulation of the Trade Register. The judgment of the Registrar shall be brought before the Judge of the Commercial.

Article 266. Revocation of the auditor.

1. When fair cause is present, the directors of the company and the persons entitled to request the appointment of auditor may ask the Registrar or the Registrar of Trade for the revocation of the person appointed by them or of the appointed person. by the general meeting and the appointment of another.

2. The request addressed to the Commercial Registrar shall be processed in accordance with the provisions of the Regulation of the Commercial Registry.

If the revocation is to be filed with the Registrar, the procedures laid down in the legislation of voluntary jurisdiction will be followed.

3. The judgment on the revocation of the auditor shall be brought before the Judge of the Commercial. "

Four. Articles 377 and 380 are worded as follows:

" Article 377. Coverage of vacancies.

1. In the event of the death or termination of the sole liquidator, of all the liquidators, of any of the liquidators acting jointly, or of the majority of the liquidators acting in a collective manner, without any alternates, any Member or person with legitimate interest may request from the Registrar or Commercial Registrar of the registered office the general meeting for the appointment of the liquidators. In addition, any of the liquidators who remain in the office may convene the general meeting with that sole object.

2. Where the meeting convened in accordance with the above paragraph does not apply to the appointment of liquidators, any interested party may apply for the appointment of the Registrar or Commercial Registrar of the registered office.

3. The request addressed to the Commercial Registrar shall be processed in accordance with the provisions of the Regulation of the Commercial Registry. The request to the Registrar shall follow the formalities laid down in the legislation of voluntary jurisdiction.

4. The resolution to which the appointment is agreed or rejected shall be brought before the Judge of the Commercial. "

" Article 380. Separation of liquidators.

1. The separation of liquidators appointed by the general meeting may be agreed by the general meeting even if it is not on the agenda. If the liquidators have been appointed in the social statutes, the agreement shall be adopted with the requirements of a majority and, in the case of limited companies, a quorum, established for the amendment of the statutes.

The liquidators of the public limited liability company may also be separated by decision of the judicial secretary or commercial registrar of the registered office, through fair cause, at the request of shareholders representing the twentieth of social capital.

2. The separation of the liquidators appointed by the Registrar or the Commercial Registrar may be decided only by the person who has appointed them, on the basis of whom he has established a legitimate interest.

3. The ruling on the separation of the liquidators shall be brought before the Judge of the Commercial. "

Five. Articles 381 and 389 are worded as follows:

" Article 381. Controllers.

1. In the event of the liquidation of public limited liability companies, shareholders representing the twentieth part of the share capital may request the appointment of a financial controller by the Registrar or the commercial registrar of the registered office of the head office. settlement operations.

If the company had issued and had obligations in circulation, it may also appoint an interventor of the bondholders ' union.

2. The request addressed to the Commercial Registrar shall be processed in accordance with the provisions of the Regulation of the Commercial Registry. The request to the Registrar shall follow the formalities laid down in the legislation of voluntary jurisdiction.

3. The resolution to which the appointment is agreed or rejected shall be brought before the Judge of the Commercial. "

" Article 389. Replacement of liquidators by excessive duration of settlement.

1. Three years after the opening of the liquidation without the final balance of liquidation having been submitted to the general meeting, any partner or person with a legitimate interest may request the Registrar or Registrar The business of the registered office is the separation of the liquidators.

2. The Registrar or Commercial Registrar, after hearing the liquidators, shall agree to the separation if there is no cause to justify the delay and appoint liquidators to the person or persons he/she has, by fixing his/her action.

3. The judgment on the revocation of the auditor shall be brought before the Judge of the Commercial. "

Six. Article 422 is worded as follows:

" Article 422. Faculty and obligation to convene the assembly.

1. The general assembly of obligationists may be convened by the directors of the company or by the commissioner. It shall also be called upon to be convened by obligationists representing, at least, one-twentieth of the issued and unamortized obligations.

2. The Commissioner may require the assistance of the directors of the company and attend even if they have not been called.

3. If the Commissioner does not respond in due time to the request for a call for a meeting by the obligationists referred to in paragraph 1, the call may be made, after hearing the Commissioner, by the Registrar or by the Secretary of State. Commercial registrar of the registered office.

The Secretary-General shall convene the general assembly of the obligationists in accordance with the provisions of the legislation of voluntary jurisdiction.

The Merchant Registrar will proceed to convene the general assembly in the form contemplated in the Regulation of the Commercial Registry.

Against the decree or resolution to which the convocation of the general assembly of obligationists is agreed, no recourse shall be made. "

Seven. Article 492 (2) is amended as follows:

" 2. If the meetings are not convened within the time limits laid down by Regulation (EC) No 2157/2001 or by the statutes, they may be held by the supervisory board or, at the request of any partner, by the Commercial Registrar of the registered office of As planned for the general meetings in this Law. "

Final disposition fifteenth. Amendment of Law 211/1964 of 24 December on the regulation of the issuance of obligations by companies that have not adopted the form of Anonymous, Associations or other legal persons and the constitution of the Union of Obligationists.

The sixth article is worded as follows:

" Article 6.

Companies that have not adopted the form of Anonymous and the Associations and other legal entities that issue obligations of any kind must constitute the Union of Obligationists and appoint a Commissioner, who concurs with the granting of the issuance deed on behalf of the future holders of the securities.

If the issuing Entities do not constitute the Union of the Obligationists referred to in the preceding paragraph, they may take the initiative and request their constitution from the obligationists themselves representing at least thirty years of age. percent of the total of the series or issue, after deduction of the redemptions made by application to the Commercial Registrar of the address of the issuing institution, in accordance with the provisions of the Regulation of the Commercial Registry. The Assembly in which these decisions are taken shall be convened by the issuing Entity and the Commissioner designated in the issuing writing. "

Final disposition sixteenth. Amendment of the single transitional provision of Law 33/2006 of 30 October on the equality of men and women in the order of succession of nobiliary titles.

Paragraph 3 of the single transitional provision is worded as follows:

" 3. By way of derogation from paragraph 1 of this transitional provision, this Law shall apply to all files relating to the Grandezas of Spain and the nobiliary titles which were pending for resolution on 27 July 2005. In the case of the Court of Justice of the European Parliament, the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union November 2006, date of entry into force of this Law. The administrative or judicial authority to whom the file is awarded or the process shall automatically grant the parties personified proceedings in order to ensure that they are entitled to do so in accordance with the new law within the common period of five years. days. "

Final disposition seventeenth. Amendment of the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007 of 16 November.

One. Article 19 (2) is worded as follows:

" 2. Without prejudice to the provisions of the following paragraphs, for the protection of the legitimate economic and social interests of consumers and users, the business practices of the entrepreneurs addressed to them are subject to the provisions of the This Law, in the Law on Unfair Competition and the Law on the Management of Retail Trade. For these purposes, commercial practices of employers with consumers and users are considered to be any act, omission, conduct, demonstration or commercial communication, including advertising and marketing, directly related to the promotion, sale or supply of goods or services, including immovable property, as well as rights and obligations, irrespective of whether it is carried out before, during or after a commercial operation.

Non-consideration of commercial practices of contractual relations, which shall be governed in accordance with the provisions of Article 59. "

Two. Article 141 (a) is read as follows:

"(a) The amount of the compensation for the material damage shall be deducted from a franchise of EUR 500,00."

Three. Article 163 is worded as follows:

" Article 163. Guarantee of contractual liability.

1. The organisers and retailers of package tours shall be obliged to provide and maintain on a permanent basis a guarantee on the terms determined by the competent tourist authority, in order to respond as a general rule to the compliance with the obligations arising from the provision of its services to the contractors of a combined journey and, in particular, in the event of insolvency, the effective reimbursement of all payments made by travellers to the extent that they are the services concerned have not been carried out and, in the case of the inclusion of transport, of the effective repatriation of the same. The requirement of this guarantee shall in any event be subject to the provisions of Law 20/2013 of 9 December of guarantee of the market unit.

2. As soon as it is clear that the execution of the combined journey will be affected by the lack of liquidity of the organisers or retailers, to the extent that the journey is not implemented or is partially implemented or the service providers require travellers pay for them, the traveller will be able to easily access guaranteed protection, without excessive formalities, without undue delay and free of charge.

3. If the guarantee is executed, it must be reinstated within a period of 15 days, until the initial total of the guarantee is covered. "

18th final disposition. Amendment of Law 10/2012 of 20 November, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

Article 4 (1) (e) is amended as follows:

" e) The interposition of the application for the execution of awards dictated by the Arbitration Boards of Consumption and by the Arbitration Boards of the Transportation, in the latter case when the amount for which the execution is requested is inferior at EUR 2 000, as well as the notarial act for the claim of non-contradicted cash debt. '

Nineteenth final disposition. Gratuitousness of certain notarial and registry files.

1. The benefits provided for in the legal aid rules relating to the reduction of notarial and registration duties, the free provision of publications, and, where appropriate, the intervention of experts, shall be recognised. files:

(a) In matters of succession: The declaration of an ablecate heirs; the filing, warning, opening and reading, and protocolization of wills, and the formation of an inventory of the Law of 28 May 1862, of the Notarized.

(b) In the field of real rights: the deslinde and amojonation of the registered farms; the domain for the registration of farms that are not registered in favor of any person; the resumption of the successive tract interrupted; the sub-healing of the double or multiple registration and the registration of the registration of charges or encumbrances extinguished by prescription, expiration or non-use, of the Mortgage Law.

2. The accreditation of the requirements for the recognition of the right to the benefits referred to in the previous paragraph shall take place, in accordance with the provisions of the Law of Free Legal Assistance, before the Notary College or Registry that they shall have the powers provided for by that law to verify the accuracy and reality of the economic data provided by the applicants.

When applying for recognition of the right for the assistance of Letrado in the cases of separation or divorce to Notary, the accreditation will be carried out in the same way as provided for in the Law of Free Legal Assistance.

Final disposition 20th. Competence title.

This Law is dictated by the jurisdiction that, in matters of procedural law, corresponds to the State under Article 149.1.6. of the Constitution.

The first, fourth, fifth, sixth, seventh, eighth, tenth, 14th and 18th final provisions are exempted from the foregoing, which are given in accordance with the jurisdiction of the State in matters of legislation Article 149.1.8. of the Constitution. In addition, the fourth and final provisions of the fourth and thirteenth final provisions, which are governed by the jurisdiction of the State in the field of the management of public registers and instruments, as laid down by the Article 149.1.8. of the Constitution. Finally, the second, ninth, fifteenth and sixteenth final provisions, which are dictated under the jurisdiction of the State in matters of commercial law, in accordance with Article 149.1.6. of the Constitution.

Final disposition twenty-first. Entry into force.

This law shall enter into force on the twentieth day of its official publication in the "Official Gazette of the State" except:

1. The provisions of Chapter III of Title II of this Law, which are to be adopted, will enter into force when the Law on the Modification of the Child and Child Protection System enters into force.

2. The provisions of Title VII of this Law governing the voluntary auctions held by the Judicial Secretaries, and those of Chapter V of Title VIII of the Law of 28 May 1862, of the Notary contained in the final provision eleventh, establishing the scheme for notarial auctions, which shall enter into force on 15 October 2015.

3. The amendments to Articles 49, 51, 52, 53, 55, 56, 57, 58, 62, 65 and 73 of the Civil Code contained in the Final Disposition, as well as the amendments to Articles 58, 58 bis, final second and final provisions, fifth of Law 20/2011 of 22 July 2011 of the Civil Registry, including the fourth final provision, concerning the processing and conclusion of civil marriage, which shall enter into force on 30 June 2017.

4. The amendments to Article 7 of Law 24/1992, of 10 November, approving the agreement of cooperation of the State with the Federation of Evangelical Religious Entities of Spain; those of article 7 of Law 24/1992, of 10 November, approving the agreement on the cooperation of the State with the Federation of Israeli Communities of Spain; and those of Article 7 of Law 26/1992 of 10 November, approving the agreement on cooperation between the State and the Islamic Commission of Spain, contained in the fifth, sixth and seventh final provisions respectively, which shall enter into June 30, 2017.

5. The provisions of Section 1 of Chapter II of Title VII of the Law of 28 May 1862, of the Notary, contained in the final provision eleventh, which lay down the rules governing the marriage act and the public deed of marriage celebration, which shall enter into force on 30 June 2017.

Therefore,

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

Madrid, 2 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY