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

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

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7391

FELIPE VI King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

Table of contents preliminary title. General provisions.

Article 1. Object and scope of application.

Article 2. Competence in matters of voluntary jurisdiction.

Article 3. Legitimacy and application.

Article 4. Intervention of the public prosecutor's Office.

Article 5. Test.

Article 6. Simultaneous or subsequent processing of files or processes.

Article 7. Expenses.

Article 8. Suppletive nature of the Civil procedure law.

Title I. Common rules in the field of processing of the records of voluntary jurisdiction.

Chapter i. Rules of private international law.

Article 9. International competition.

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

Article 11. Inscription in the public registry.

Article 12. Effects in Spain of the records and acts of voluntary jurisdiction agreed upon by foreign authorities.

Chapter II. Processing standards.

Article 13. Application of the provisions of this chapter.

Article 14. Initiation of the record.

Article 15. Backlog.

Article 16. Appreciation of craft of the lack of competition and other defects or omissions.

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

Article 18. Conclusion of the hearing.

Article 19. Decision of the record.

Article 20. Resources.

Article 21. Expiration of the record.

Article 22. Compliance and enforcement of the resolution which puts an end to the record.

Title II. Records of voluntary jurisdiction relating to people.

Chapter I. The authorization or judicial approval of the recognition of non marital filiation.

Article 23. Scope of application.

Article 24. Competence, legitimacy and application.

Article 25. Processing.

Article 26. Resolution.

Chapter II. Habilitation to appear at trial and the appointment of judicial Defender.

Article 27. Scope of application.

Article 28. Competence, legitimacy and application.

Article 29. Effects of the application.

Article 30. Appearance and resolution.

Article 31. Cessation of the judicial defender and enabling to appear at trial.

Article 32. Accountability, excuse and removal of judicial Defender.

Chapter III. The adoption.

Article 33. Competition.

Article 34. Preferential character and application.

Article 35. Proposal of the public entity and request of the adoptive parent.

Article 36. Consent.

Article 37. Assent and audience.

Article 38. Citations.

Article 39. Processing.

Article 40. Procedure for the exclusion of features tutelary of the adopter and extinction of the adoption.

Article 41. Adoption international.

Article 42. Conversion of adoption simple or not full in full.

Chapter IV. Of the guardianship, the guardianship and it saves indeed.

Section 1 provision common.

Article 43. Competition and nomination.

Section 2 of the guardianship and curatorship.

Article 44. Scope of application.

Article 45. Processing, resolution and resource.

Article 46. Provision of deposit, acceptance and possession of the cargo.

Article 47. Formation of inventory.

Article 48. Remuneration of the Manager.

Article 49. Removal.

Article 50. Excuse.

Article 51. Accountability.

3rd of saved section indeed.

Article 52. Requirements and control measures.

Chapter V. Judicial award of emancipation and the benefit of the age of majority.

Article 53. Competence, legitimacy and application.

Article 54. Request.

Article 55. Processing and resolution.

Chapter VI. The protection of the heritage of people with disabilities.

Article 56. Scope of application.

Article 57. Competence, legitimacy and application.

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

Chapter VII. The right to honour, privacy and self-image of the child or person with ability to judicially modified.

Article 59. Scope, competence, legitimacy and application.

Article 60. Processing and resolution.

Chapter VIII. The authorization or judicial approval to carry out acts of disposal, assessment or others relating to the property and rights of minors and persons with authority judicially modified.

Article 61. Scope of application.

Article 62. Competence, legitimacy and application.

Article 63. Request.

Article 64. Processing.

Article 65. Resolution.

Article 66. Fate of the amount obtained.

Chapter IX. The Declaration of absence and death.

Article 67. Scope of application.

Article 68. Competence, legitimacy and application.

Article 69. Judicial defender in case of disappearance.

Article 70. Declaration of absence.

Article 71. Resolution and appointment of representative of the absent.

Article 72. Provisional measures.

Article 73. Practice of inventory of goods.

Article 74. Declaration of death.

Article 75. Events after the statement of absence or death.

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

Article 77. Communication to the Civil Registry.

Chapter X. Of the removal of organs from living donors.

Article 78. Scope and competence.

Article 79. Application and processing of the record.

Article 80. Resolution.

Title III. Records of voluntary jurisdiction in family matters.

Chapter I. The waiver of matrimonial impediment.

Article 81. Competence, legitimacy and application.

Article 82. Request.

Article 83. Processing and resolution.

Article 84. Testimony.

Chapter II. Judicial intervention in relation to parental authority.

Section 1 common provision.

Article 85. Processing.

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

Article 86. Scope, jurisdiction and legitimacy.

Section 3 of the protection measures concerning the inappropriate exercise of the power of guardian or administration of the property of the minor or person with ability to judicially modified.

Article 87. Scope, jurisdiction and legitimacy.

Article 88. Resolution.

Article 89. Action in cases of guardianship.

Chapter III. Of judicial intervention in cases of marital dispute and in the administration of marital property.

Article 90. Scope, competition, application and processing.

Title IV. Records of voluntary jurisdiction relating to the inheritance law.

Chapter I. Of the albaceazgo.

Article 91. Scope, competition, application and processing.

Chapter II. Of the contadores-partidores datives.

Article 92. Scope, competition, application and processing.

Chapter III. Acceptance and repudiation of the inheritance.

Article 93. Scope of application.

Article 94. Competence, legitimacy and application.

Article 95. Resolution.

V. title Records of voluntary jurisdiction relating to the law of obligations.

Chapter I. Fixing the deadline for the fulfilment of the obligations when appropriate.

Article 96. Scope of application.

Article 97. Competition and nomination.

Chapter II. Of the consignment.

Article 98. Scope, jurisdiction and application.

Article 99. Processing.

Title VI. Records of voluntary jurisdiction relating to rights in rem.

Chapter I. The judicial authorization to the usufructuary to claim overdue loans that are part of the usufruct.

Article 100. Scope of application.

Article 101. Competition and nomination.

Article 102. Request.

Article 103. Processing and resolution.

Chapter II. Demarcation of farms not registered record.

Article 104. Scope of application.

Article 105. Competence, legitimacy and application.

Article 106. Application and processing.

Article 107. Resolution.

Title VII. Voluntary auction records.

Article 108. Scope of application.

Article 109. Competition and nomination.

Article 110. Request.

Article 111. Processing.

Title VIII. Records of voluntary jurisdiction in commercial matters.

Chapter I. Display books of people forced to take accounting.

Article 112. Scope of application.

Article 113. Competition and nomination.

Article 114. Processing.

Article 115. Form to display.

Article 116. Periodic penalty payments.

Chapter II. The convening of general meetings.

Article 117. Scope of application.

Article 118. Competence, legitimacy and application.

Article 119. Processing.

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

Article 120. Scope of application.

Article 121. Competence, legitimacy and application.

Article 122. Processing.

Article 123. Resolution and acceptance of the cargo.

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

Article 124. Scope, jurisdiction and application.

Chapter V. The judicial dissolution of corporations.

Article 125. Scope of application.

Article 126. Competence, legitimacy and application.

Article 127. Processing.

Article 128. Resolution.


Chapter VI. The convening of the general meeting of bondholders.

Article 129. Scope of application.

Article 130. Competence, legitimacy and application.

Article 131. Processing.

Chapter VII. Robbery, theft, loss or destruction of title value or parts of partner representation.

Article 132. Scope of application.

Article 133. Competence, legitimacy and application.

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

Article 135. Processing.

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

Article 136. Scope of application.

Article 137. Competence, legitimacy and application.

Article 138. Processing.

Title IX. The conciliation.

Article 139. Origin of the conciliation.

Article 140. Competition.

Article 141. Request.

Article 142. Admission, pointing and citation.

Article 143. Effects of admission.

Article 144. Appearance to the Act of conciliation.

Article 145. Conclusion of the Conciliation Act.

Article 146. Testimony and expenses.

Article 147. Execution.

Article 148. Action for annulment.

First additional provision. References contained in the legislation.

Second additional provision. Legal regime applicable to the placement of children.

Third additional provision. Public registration for foreign public documents.

Fourth additional provision. Notarial and registration fees.

Fifth additional provision. Amendments and regulatory developments.

Sixth additional provision. Not increasing spending.

First transitional provision. Records in the pipeline.

Available to transient second. Inheritances intestate in favour of public administration.

Third transitional provision. Voluntary auction records.

Fourth transitional provision. Records of adoption and marriage.

Fifth transitional provision. Marriages celebrated by Evangelical, Jewish and Islamic religious denominations and which have been recognized by notorious roots in Spain.

Sole repeal provision. Repeal of rules.

First final provision. Amendment 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, 1019, 1020, 1024, 1030, 1033, 1057, 1060, 1176, 1178, 1180, 1377, 1389, 1392 and 1442.

Second final provision. Amendment of the commercial code.

Modified article: 40.

Third final provision. Amendment of certain articles of the law 1/2000, of the code of Civil procedure.

Modified articles: 8 395 525, 608, 748, 749, 758, 769, 777, 778 bis, 778 ter, quater 778, 782, 790, 791, 792, 802 and the twenty second final provision.

Fourth final provision. Modification of law 20/2011, July 21, from the Civil Registry.

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

Fifth final provision. Modification of the law 24/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of Evangelical religious entities of Spain.

Modified article: 7. Sixth final provision. Modification of law 25/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of communities Israelites of Spain.

Modification of the title of the law.

Modified articles: 7 and fourth additional provision.

Seventh final disposition. Modification of law 26/1992, of November 10, which approves the agreement of cooperation of the State with the Islamic Commission of Spain.

Modified article: 7. disposal the eighth. Modification of law 33/2003 of November 3, heritage of the public administrations.

Modified articles: 20, 20 bis and 20 ter, 20 quater, twenty third additional provision, twenty-fourth additional provision second final provision.

Ninth final disposition. Modification of law 50/1980, of 8 October, insurance contract.

Modified article: 38.

Tenth final disposition. Modification of law 41/2003, 18 November, asset protection of persons with disabilities and modification of the Civil Code, the law of Civil procedure and the tax legislation for this purpose.

Modified article: 5. Eleventh final disposition. Amendment of the Act of May 28, 1862, of notaries.

Title VII. Intervention of notaries in records and special proceedings.

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 first additional provision.

Twelfth final provision. Modification of the mortgage law.

Modified article: 14 and new title IV bis. Of the conciliation (article 103 bis).

Available end 13th. Modification of the law of December 16, 1954, of interest mortgage and pledge without displacement of the possession.

Modified articles: 86, 87, 88 and 89.

Fourteenth final disposition. Modification of the revised text of the companies act of Capital, approved by Royal Legislative Decree 1/2010 of 2 July.

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

15th final disposition. Modification of the law 211/1964, 24 December, on regulation of the issuance of obligations by companies which have failed to form corporations, partnerships or other legal entities and the Constitution of the Union of debenture holders.

Article six.

Sixteenth final disposition. Modification of the transitional provision of law 33/2006, of 30 October, only on equality of men and women in the order of succession of the Peerages.

Modify the single transitional provision.

17th final disposition. Modification of the consolidated text of the General Law for the defence of consumers and users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.

Modified articles: 19, 141-163.

18th final disposition. Modification of the law 10/2012, on 20 November, which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology.

Modifies the letter e) of paragraph 1 of article 4.

19th final disposition. Exemption from payment of certain notarial and registration records.

20th final disposition. Skill-related title.

Twenty first final provision. Entry into force.

PREAMBLE I incorporation into our legal system of a law of the voluntary jurisdiction is part of the general process of modernization of the positive system of supervision of private law started more than one decade now. 18th final disposition of law 1/2000, of 7 January, Civil procedure, entrusted the Government referral to the Parliament of a draft law of voluntary jurisdiction, a legal provision linked to the construction of a system of Justice in advanced and comparable to that existing in other countries.

With the law of the voluntary jurisdiction is given a systematic coherence and rationality to our procedural legislation. Indeed, the central place of the law of Civil procedure in our justice system, as a standard charge of management complete the civil process and give fullness to the system of Justice as a whole, is hardly compatible with the maintenance in its articles of some matters that deserve a legal differentiated treatment, as much as their knowledge applicable to the civil courts.

Among these materials voluntary jurisdiction is, for peacefully accepted. Its regulation within the law of Civil procedure, as happened in Spain since 1855, was fruit of the vocation of collector of our historical right to the result of the application to the juridico-procesal area of certain conceptual categories. That is why now you choose, as in most of the Nations of our environment, by separating the voluntary jurisdiction of the procedural regulation common, staying among them natural relations of speciality and subsidiarity that occur among standards within any complex legal system.

Their regulation in an independent law is, at the same time, recognition of the conceptual autonomy of voluntary jurisdiction within all juridico-publicas activities legally attributed to the courts of Justice.

II


The law of the voluntary jurisdiction is not only justified as an element in a plan of rationalization of our civil procedural law. Nor as a simple course of legislative approval with other Nations. The law of the voluntary jurisdiction should be highlighted, in addition, as a singular contribution to the modernization of a sector of our law that it was not worth so close attention by the legislator or the authors as other areas of judicial activity, but in which interests of great relevance within the sphere of personal and patrimonial of persons are at stake.

This law is, in other words, the answer to the need for a new legal regulations, proper, reasonable and realistic of the voluntary jurisdiction. In the previous regulations, it was not difficult to warn the footprint of the time, with or without adequate technical rigor defects of regulation or standards obsolete. Them reforms partial experienced in this time not avoided the survival of provisions little harmonic with institutions organic and procedural current more modern, what constituted an obstacle to reach the efficiency that is expected of all instrument legal that should serve as runway of intermediation between the citizen and them powers public.

The law of voluntary jurisdiction leverages the experience of legal operators and doctrine emanating of the courts and authors to offer citizens effective and simple means that facilitate the obtaining of certain legal effects in a prompt manner and with respect for all the rights and interests involved.

The interest of the citizen III occupies a central place among the objectives of this Act. Throughout its articles are established instruments appropriate to the social reality which applies, in the case that they require the intervention of the courts through any of the acts of voluntary jurisdiction, effective and simple.

This single argument would justify the provenance of any legal reform affecting justice and their bodies, because the activity of these, as all public work is at stake the existence or effectiveness of subjective rights, must be suitable to achieve the effect desired by means that do not result in dissatisfaction or frustration among stakeholders. That is why the law of voluntary jurisdiction provide citizens a systematic, orderly and comprehensive legal regulation of the different files that are contained in it, updating and simplifying the rules on processing, trying to opt for the runway less expensive and faster, since the maximum respect of guarantees and legal certainty , and taking special care in the proper management of their acts and institutions.

It is, thus, regular records of voluntary jurisdiction so that citizens see is covered with the degree of effectiveness that demands a society increasingly aware of their rights and more and more demanding with its public bodies. Sometimes the above objective is achieved with a mere updating of the actions that make up a particular record. In others, this objective is sought from simplification, conjunction and harmonisation of their precepts with other integrated into procedural or substantive rules. In particular, take particular care to adapt the regulation of records of voluntary jurisdiction principles, precepts and rules contained in the law on Civil procedure, trying to bypass this interpretation problems and responding to some loopholes and aporia.

This law has been prepared at the same time as other reforms, affecting the same rules, as the laws of modification of the system of protection of childhood and adolescence, which will give a new regulation, inter alia, to the fostering and adoption of children. This forces to coordinate the content of these laws.

Also seeks to adapt to the United Nations Convention on the rights of persons with disabilities, done at New York on 13 December 2006, which affects the new terminology, which leaves the terms of incapable or employment disability, and are replaced by the reference to persons whose capacity is judicially modified.

IV to operate as course of action and effectiveness of certain rights regulated in the Civil Code, the commercial code and special private law legislation, it is not difficult to deduce the adjective character or auxiliary of the voluntary jurisdiction, albeit with substantial differences with regard to the jurisdiction, in the proper sense.

Voluntary jurisdiction is linked to the existence of cases in which justified the establishment of limitations on the autonomy in the field of private law, which prevent to get a certain legal effect when the importance of the matter affected, the nature of the interest in the game or its impact on the status of those interested or affected justify it. Or also, with the impossibility of having precise individual wills contest to constitute or give effectiveness to a certain right.

The potentiality of such effects requires the actions of the judge, in accordance with the authority that the holder of the jurisdictional power deserves as definitive of the law, impartial, independent and essentially selfless interpreter in affairs that she is proceeding. A circumstance that makes them especially suitable for a work in which the sphere of the rights of subjects is at stake.

However, it is constitutionally permissible, under reasons of political expediency or practicality, law may be given to other organs, other than the courts, the supervision of certain rights which until now were incardinated in the sphere of voluntary jurisdiction and which do not directly affect fundamental rights or imply involvement of interests of minors or persons who must be specially protected , and thus made under this Act.

V precisely on the basis of the applicative experience of our system of voluntary jurisdiction, and from the weighting of the reality of our society and the different existing instruments therein for the performance of rights, is not new to the debate to whether it would be appropriate to maintain the exclusivity of the courts of Justice - in this field and, within , personal jurisdicente-, or whether it would be preferable to entrust his knowledge to other bodies and civil servants.

Looking for a response suited to the above issues, the voluntary jurisdiction law, according to the experience of other countries, but also according to our specific needs, and in the search for the optimization of available public resources, you choose to attribute knowledge of a significant number of issues that were traditionally included under the rubric of voluntary jurisdiction not vested with judicial authority legal operators , such as secretaries judicial, notaries and registrars of the property and commercial, sharing with character general the competition for their knowledge. These professionals, that combine condition of Jurists and holders of public faith, meet ample capacity to act, with full effectiveness and without loss of warranties, some of the acts of voluntary jurisdiction is entrusted to the judges until now. Although the maximum guarantee of the rights of citizenship is given by the intervention of a judge, the termination of certain cases of voluntary jurisdiction without jurisdictional content, in which predominate the elements of an administrative nature, not puts at risk the fulfilment of the essential guarantees of protection of the rights and interests involved.

The given legal solution is in accordance with the tenets of our Constitution, and timely in view of various factors. The prestige acquired over the years by these bodies of officers among citizens is an element that helps to clear any question about its ability to intervene in the administrative supervision of certain private rights, such as main characters that are of our system of public faith and guarantees of legal certainty, not to mention the fact that many of the acts of voluntary jurisdiction are intended to obtain certainty about the condition or mode for certain businesses, situations or legal relations that such professionals are in excellent condition to appreciate them properly.


Along with the above, consideration of personal organisational resources and material means currently at its disposal, as well as the high degree of modernisation and specialisation which today reaches the public administration, professional and governed by the principles of objectivity, effectiveness and the arbitrary ban, and subject to the law and to the right by constitutional mandate equally justify the bet by the termination of certain matters that until now were attributed to judges and magistrates. This last puts stressed that today have lost validity some of the reasons that historically justified the allocation of voluntary jurisdiction, in regime of exclusivity, the judges; then, together with them, advanced societies now have other viable options for the effectiveness of private rights, when this intervention or mediation of public bodies is required.

I saw the separation of certain matters in the area of competence of the judges and magistrates only fits wait, therefore benefits for all the subjects involved in the voluntary jurisdiction: to the citizen, insofar as it must have as a result, when the State performance required for the performance of a given right, a greater effectiveness of their rights without loss of security; court clerks, notaries and registrars of property and commercial, by the new dimension given to them as public servants, consistent with their actual technical qualifications and the relevant role in legal traffic; and, ultimately, for judges and magistrates, who can focus their efforts on the essential mission that the Constitution entrusts to them as exclusive holders of judicial authority and guarantors of the rights of persons.

The distribution of issues among these professionals is done according to criteria of rationality, looking for from the first moment the maximum consensus with the groups involved, with will of permanence in time, adapt to current social reality, fully guarantees in the realization of the rights and interests of those affected, in order to respond, also in this plot of the order , to the challenge of a more modern and effective justice.

The target path in the initial plan was to assign each subject to that legal operator who, by the material nearby or to ensure a more prompt to citizen response, it was advisable that take care of their knowledge; or one who, because of the nature of interest or of the right at stake, constitutionally required to deal with the handling of this matter.

However, finally has been chosen, in General, by the alternative between different professionals in certain specific subjects that break off of the orbit of the Judicial authority. Establishing competences shared between court clerks, notaries and registrars, it is possible attending that are civil servants and functions which play: judicial registrars and notaries are holders of judicial or extra judicial public faith, and registrars have direct knowledge specialized in the field of the right to property and commercial, in particular in societies.

The faculty that citizens have recourse to different professionals in fields that were traditionally reserved to the judiciary, can only be interpreted as an extension of the media that this law puts at your disposal to guarantee their rights. It is a guarantee for the citizen, which optimized the attention given him, to be able to assess the various possibilities that are offered to choose one more in accordance with their interests. Any aspect of citizens will be affected since it can go or to the clerk of the Court, making use of the means which the administration of Justice puts at your disposal, or to the notary or Registrar, in which case it must pay corresponding tariffs.

The reform provides a criterion of prudence given the provenance of these records of the judiciary, certain limits to the principle of free choice of the notary by the applicant, to establish territorial jurisdiction criteria that have a reasonable connection with the real or personal elements of the record. However, moves towards a more flexible competence rules with respect to the existing currently in the judicial field.

VII so it refers to the records that remain at the heart of the administration of Justice, the criterion followed by the law of the voluntary jurisdiction is the give impulse and the address of the records to the court clerks, being attributed to the judge or the judicial Secretary, according to the case, the decision to fund falling upon those and other resolutions which are expressly indicated in this law. Reserves the decision on the merits to the judge of those files that affect the public interest or the civil status of persons, who require a specific activity of tutelage of substantive rules, which can bring acts of disposal or recognition, creation or extinction of subjective rights or when are game the rights of minors or persons with ability to judicially amended in the new terminology has already been made that reference. In this way, the judge is responsible for deciding, as a rule, records of voluntary jurisdiction in terms of people and family, and also some records in commercial matters and obligations and succession law that they not entrusted to court clerks, notaries and registrars.

VIII the court clerks assume, as noted, a role according to the procedural functions attributed to them after the entry into force of law 13/2009, of 3 November, reform of procedural legislation for the implementation of the new judicial office. Thus materializes the provision contained in article 456 of the organic law of the Judicial power, which gives powers to the clerk of the Court in matters of voluntary jurisdiction when so provide procedural laws, which responds to the recommendation contained in different official documents (the recommendation of the Council of Europe in 1986, the White Book of Justice produced in the bosom of the General Council of the Judicial power in 1997, or the State Pact for the reform of Justice, signed by the main parliamentary groups on May 28, 2001). This legal qualification, however, must be compatible with important functions that have civil proceedings-procedural direction and head of the judicial office that also corresponds to them. Therefore, efforts have been made the attribution of competences to the court clerks in matters of voluntary jurisdiction not make at the cost of harming the exercise of other important missions that correspond to them, taking special care to make them responsible for the decision of the records where better and more effectively can serve the interests of citizens by law.

First of all, to the clerk of the Court shall be responsible for the impulse of the record of voluntary jurisdiction within its procedural technical management functions, as well as giving the interlocutory rulings that are accurate. For this work they have the possibility to legal, expressly provided for in article 438.3 and 5 of the organic law of the Judicial power, to use the common services of the judicial offices.

In addition, the clerk will take care of the decision of some records that is intended to obtain irrefutable proof on how to be a given right or legal situation, and always that does not involve recognition of subjective rights: meet these conditions, the nomination of judicial Defender or the Declaration of absence and death - between records relating to people.

Notaries and the registrars of property and business entrusted to them knowledge of those matters where their degree of readiness and technical expertise promote the effectiveness of rights and obtaining the most prompt response to the citizen. Your participation as a responsible public body, in the case of the notaries, takes place in the majority of the estate probate acts, like the Declaration of intestate heirs or the adveracion and probate of wills, but also making the offer of payment or accepting deposits and proceeding to the sale of the assets deposited.

As the court clerks and notaries are holders of judicial or extra judicial public faith attributed to them, concurrently, the processing and resolution of certain records of successions, the appropriation of pecuniary debts as well as voluntary auctions.

Also is produced the concurrency in the field mercantile. Mercantile recorder, together with the clerk of court intervention, is justified by the material specialty of these records where it assumes a relevant role.

Logically, in all the cases in which is set a concurrent competition between various legal operators, started or resolved definitely a performance by one of them will not be the initiation or continuation of another record with identical object to another.


However, to the extent that the present law of voluntary jurisdiction desjudicializa and instructs to notaries and registrars of property and mercantile determined exclusively records, provides that citizens who have to go to them to obtain the right to legal aid, to avoid situations of non-exercise of a right, which until now was free , by lack of means.

IX is appropriate to make any further consideration on the position that occupies this law within the system of supervision of private law, as well as on its internal structure. As part of the aforementioned plan of rationalization and modernization of the legal system, the law of the voluntary jurisdiction operates as a general rule in its specific field of regulation. This will ensure the fulfillment of the system, as well as the existence of standard applicable in all cases, avoiding the production of lagoons.

The law of the voluntary jurisdiction contains common rules for the processing of records of this nature regulated by laws, knowledge of which is attributed to the judge or the clerk of the Court, thus giving coherence to its articles. This gives you analog Scrambler vocation which at the time was, 'mutatis mutandis', law 1/2000, of 7 January, in connection with the so-called jurisdiction. Reasonably also, those acts which, with the new regulation, fall outside the area of competence of the courts of justice are regulated outside the walls of this law, other standards within the legal system that new wording is given in its final provisions.

With respect to its general characteristic features, the law of voluntary jurisdiction based on the regulation of a number of common, relating to its scope, budgets procedural rules of the Court and the parties, and processing the file. These standards give form to a general procedure of voluntary jurisdiction, of subsidiary application to each of the records not specifically established for each of the specific regulations.

Sometimes, to avoid duplication in regulation of certain materials, the law refers to civil or commercial law when it regulates a particular record. It's a fully environmentally friendly solution with the reality of our legal system, therefore indeed, management of some private law institutions explicit the essential features of the procedure for the particular legal effect that referred to. This solution is less disruptive than others, whereas the opposite - that would be to move all these standards from the substantive law to this law - would leave empty contained many precepts of the Civil Code or other standards of our legal system. Prudence, which must always govern any legal reform, forced to opt for the maintenance of some of these rules in its current premises, without prejudice to future legislative policy reasons can advise other possible solutions.

X distribution of acts of voluntary jurisdiction between different legal operators is also reflected in the structure of this law. The criterion followed is, for reasons of legislative systematics, the extract of its articles the regulation of all those records whose processing is kept out of the administration of Justice, with the consequence that only shall be governed in its acts of the competence of the judge or the clerk.

On the other hand, records commissioned notaries and registrars are regulated respectively in the notary and mortgage legislation. For this purpose, them provisions late of the present law introduced them modifications corresponding of the law of 28 of mayo of 1862, of the notarized, to incorporate the processing procedural of them records that is les entrust. The revised text of the mortgage law (approved by the Decree of 8 February 1946) is unchanged in this law, except as regards article 14 which is explained later, 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 , attending, in this case, to the relevance that has the urgent coordination between the cadastre and the register and the establishment of the regulation of a system of communication two-way between both institutions.

Made this precision, it should be noted that the precepts of the law of the 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', standards are contained on its scope, objective competence, legitimacy and application, intervention of the public prosecutor, and the general approach on practice the test, among other relevant provisions. The law defines its scope on a purely formal basis, without doctrinarismos, understanding that they shall only apply the precepts which constitute it to the records of voluntary jurisdiction, being legally provided, require the intervention of a court in respect of civil and commercial law, without any controversy that must be substantiated in a contentious process, formula that facilitates the determination of the scope. Objective competition is generically attributed to the courts of first instance or commercial, in his case, but the designation of the subject to whom corresponds the resolution within the body is determined by the particular rules of each record.

Regarding the application and defence, the law does not establish a general criterion, leaving the prescriptive nature of the intervention of Attorney and paralegal to each specific case. Stresses, also, the incorporation of a general norm that regulates the effects of the pendency of a record of jurisdiction voluntarily, in accordance with which prevents the successive or simultaneous processing of two or more records with identical object giving preference to the first that had begun. At the same time, refuses to record preventive efficacy on subsequent jurisdictional processes arising with identical object, and resolution, equivalent form, register the pendency of a record of voluntary jurisdiction on the same object about which there is demand interposed, will proceed to the record file.

In terms of its economic effects, expenses incurred by a record of voluntary jurisdiction will be account of the applicant, unless the law otherwise. He is ruled out, reasonably, the adjournment to this area the objective general criteria or the expiration of the civil process which, by the nature of this kind of requests, we cannot understand the existence of winners or losers in the record.

The two chapters that integrate title I regulate, respectively, the rules of private international law of the Act (which sets the general criterion of international competition to know of cases, referral to the rules of private international law conflict, as well as specific rules for the recognition and effectiveness in Spain of the acts of voluntary jurisdiction agreed upon by foreign authorities) , and the procedural rules, applicable to all records of this law in not established by its rules. In relation to this second, regulates the record adopting a dynamic view, from its initiation until its decision, including rules on backlog, procedural treatment of competition, admission of the application and situation of the interested parties, celebration of the oral hearing and decision of record resources regime, regarding the latter in which the law refers to the established , in General, by the law of Civil procedure. Issue to highlight is that, unless the law expressly provides for it, the formulation of opposition by any of the interested parties won't make contentious record, nor will prevent to continue processing until it is resolved. The law establishes that the opposition to the removal of guardianship or adoption makes contentious procedure.


Title II governs voluntary jurisdiction in matters of people records: in particular, the ordered to obtain judicial authorization for the recognition of the non-matrimonial filiation, the habilitation to appear at trial and the appointment of the judicial Defender - these two are attributed to the clerk - as well as the adoption and guardianship, curatorship and custody of fact issues. This title also includes the records of judicial award of emancipation and the benefit of adulthood, the adoption of measures for the protection of the heritage of the people with disability or obtaining judicial approval of the consent given to the legitimate interference in the right to honour, privacy or image of minors or persons with ability to judicially modified. Within this same title is regulated also obtain authorization or judicial approval to perform acts of disposal, assessment or other relating to the property or rights of minors or persons with judicially modified capacity, and, finally, the procedure for the confirmation of the concurrence of the free and conscious consent of the donor and other requirements for extraction and transplantation of organs from a living donor , in way consistent with applicable domestic and international law. The fostering of minor is regulated by separate in forecast of a future termination of the procedure.

Have been to change the current legal system of Declaration of death, to provide a record of collective and immediate character for all those with respect to which is accredited that they were on board a ship or aircraft whose claim has been verified, trying to give the best solution to the problems and incidents that occur to the relatives of residents in Spain than anywhere in the world will be involved in an accident of the that absolute certainty of his death can be inferred. Legitimacy is given only to the public prosecutor's Office, given the so-called specialty, and sets a different competition regime as the accident happens in Spain or outside.

Title III contains records of voluntary jurisdiction in matters of family and, within them, the dispensation from the impediment of death fraudulent of the former spouse, which until now was the Minister of Justice, and the kinship for marriage, that of judicial intervention in relation to the adoption of specific measures in the case of disagreement in the exercise of parental authority or in the case of inappropriate from the power of guardian exercise or administration of the property of the minor or person with judicially modified capacity and also a record for cases of marital dispute and in the administration of marital property. Also removed the marital age waiver, to raise it from 14 to 16 years, in accordance with the proposal made by the ministries of Justice and of health, social services and equality.

Title IV regulates the records of voluntary jurisdiction attributed to the judicial bodies in the field of inheritance law: on the one hand that are reserved to the judiciary, such as the accountability of the albaceazgo, the authorizations of acts of disposition to the executor or the authorization or approval of the acceptance or repudiation of the inheritance in cases determined by law; and on the other that will be paid by the clerk of the Court with competence shared with notaries, as the waiver or extension of the office of executor, or contador-partidor, the designation of this and the adoption of the partition of the estate conducted by the contador-partidor dative. Other records of inheritance law notaries take it, as we have seen.

Title V includes files relating to the law of obligations, in particular, to fix the deadline for compliance with obligations as appropriate, which the judge will know and the judicial provision in charge of the court clerk.

Title VI refers to the voluntary jurisdiction records relating to rights in rem, constituted by the court authorization to the usufructuary to claim overdue loans that are part of the usufruct, and the record of settling on farms that were not registered in the land registry which will be paid by the clerk of the Court.

Title VII includes the regulation of voluntary auctions, to be paid by the clerk of the Court in electronic form.

Title VIII incorporates records in commercial matters attributed to the judges of the commercial: display of books by the forced to take accounting and judicial dissolution of corporations. Next to them are regulated those that are attributed to the judicial secretaries, whose knowledge be shared with commercial registrars, as the call of general meetings or of the general Assembly of bondholders, the reduction of share capital, depreciation or disposal of shares or stock or the appointment of liquidator, auditor or auditor. Also included are records of theft, theft, loss or destruction of title value or representation of parts of partner and the appointment of an expert in contracts of insurance, whose competence is also attributed to the notaries.

Finally, in Title IX is contained the legal act of conciliation regime in full, moving and updating this law so far provisions of the previous law of Civil procedure, notwithstanding that, in exercise of their autonomy, persons have the possibility of obtaining agreements on those issues of interest of available character , through other channels, acting alone or through the intervention of other intermediaries or legal professionals, such as notaries or registrars.

XI as climax, along with the general repealing provision and to the additional provisions on amendments and regulatory developments required by this law, are incorporated into final provisions amendments to the Civil Code, the commercial code, the Civil procedure law, the law of Civil Registry, the law on notaries, the mortgage law, the law of mortgage interest and garment without displacement of the possession of relevant , in addition to the necessary modification of the Heritage Act of the public administrations, the law of the contract of insurance, the companies act of Capital, the law of asset protection of persons with disabilities and the law which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology.

The amendment of the Civil Code aims the adaptation of many of its provisions to the new provisions contained in this Act, at the time that introduces changes that affect the determination of the concurrence of the requirements for marriage and its celebration, as well as the regulation of separation or divorce by mutual agreement of the spouses without children under age non-judicial attributing to the clerk and notary functions which up to now corresponded to the judge and which also involves a reform of law 20/2011, 21 July, the Civil Registry, the law of Civil procedure and the law of notaries.

Also is introduced, as necessary to its adaptation to the new social reality and legislative development in criminal matters, a new regulation of the causes of unworthiness to inherit, as well as witness in the granting of wills.

Very important is also the new regulation collecting the Civil Code, entrusting its processing to the court clerk, notary, responsible for the Civil Registry or the Consul or official diplomatic or consular officer of the Civil Registry abroad, the minutes or record prior to the celebration of the marriage to while holding the same may take place before the clerk , Notary, official diplomatic or consular, Justice of the peace and Mayor or Councillor that this delegate. All this is framed also in the process of diversification of them elements personal before which is carries to effect the authorization of certain acts, that allows the concentration of the administration of Justice to the work fundamental that it Constitution les attributed of judge and run it judged.

The changes in marriage also entail adjustments carried out in the law 24/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of Evangelical religious entities of Spain, law 25/1992, of November 10, which approves the agreement of State cooperation with the Federation of communities Israelites from Spain and law 26/1992 on 10 November, which approves the agreement of cooperation of the State with the Islamic Commission of Spain. In addition, in relation to the law 25/1992, of November 10, served the request sent by the Federation to make its name happens to be the Federation of Jewish communities of Spain.

Likewise, and in response to religious pluralism existing in the society Spanish, and considering that to this day have been acknowledged with the notorious rooting Declaration, referred to in the Civil Code to these groups the right to hold religious marriage with civil effects, comparing to the rest of confessions that already enjoyed this reality.


In the law of notaries is expected reforms arising from the new powers granted to the notary, being noteworthy the forecast for notary claim monetary debts that are not contradichas and allow achieving payment voluntary or training through a record, an extrajudicial enforcement that the debtor may oppose, in via judicial, not only the payment but all those causes set out in Article 557 of the code of Civil Procedure Act. Is not an order for payment procedure or small amount, but it is the technique of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April, which establishes a title for uncontested European Executive, being excluded claims that involved a consumer or user of services, or those derived from the law of Horizontal property by the specialties that concur in them as well as the materials unavailable by reason of its subject. It is considered that this new pathway for liquid amounts already due and unpaid claim can contribute significantly to a significant reduction in the volume of businesses entering annually in the courts, set up as an alternative to the claim of debts in judicial.

Reforms of the Civil Code and the law of notaries arising from modifications that in matters of succession and, in particular, which refers to titles in succession, have also led to amend the law of heritage of the public administrations. In this case, to recognize the public administration Faculty of statement of Crown intestate, in favor of the General Administration of the State, of the autonomous communities or other organizations, which are also desjudicializa, abolishing the traditional cast in three sections of hereditary having and establishing that one of them will be entered into the public Treasury and the other two for social assistance. This justifies also the reform of the article 14 of the law mortgage for recognize as title of it succession hereditary, to them effects of the record, next to the Testament and to the contract inheritance, the Act of notoriety for it Declaration of heirs intestacy, it statement administrative of heir intestate in favor of the State or of them communities autonomous and the certified inheritance European.

XII the modification of the law on Civil procedure is also used to update the procedure for the return of children in cases of international child abduction, in order to ensure better protection of minors and their rights. This reform reviews the legislative option consisting in keeping this matter within the field of voluntary jurisdiction and outside the scope of the family litigation proceedings, as they are processes that have little to do with the rules relating to the voluntary jurisdiction. For this reason is now approached its regulation as a special process and with own substantivity, then double processes and of minors in the Civil procedure law. The reform also modernizes this procedure, which introduces substantial improvements, including measures precautionary and direct communication between judicial authorities.

Seeks in this reform to a higher concentration of jurisdiction, attributing competence to the Court of first instance competent in family law from the capital of the province in whose constituency is the child who has been the subject of a removal or wrongful retention and, if not, which in turn cast appropriate. This favors the specialization to solve problems that arise in connection with these cases and, as a result, the quality and effectiveness of the judicial response.

XIII Finally, in relation to the current regime of succession in the titles of nobility, amending paragraph 3 of the transitional provision of law 33/2006, of 30 October, only on equality of men and women in the order of succession of the Peerages. This provision is to establish a transitional period in which the provisions apply retroactively which designates such regulations, on those administrative or judicial records that were pending at the date of the 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 accordance with the provisions of paragraphs 1 and 4 of the single transitional provision, it deemed necessary to modify the wording of paragraph 3 to clarify that the retroactivity that the law contemplates refers only to records that were pending as of July 27, 2005 as well as to those who promote after that date but, in any case, before November 20, 2006, date on which entered into force the law in accordance with the second final provision.

The adoption and entry into force of the law on voluntary jurisdiction must have as a necessary consequence the almost definitive repeal of the Civil procedure law of 1881, all these years has remained in force in relation to the voluntary jurisdiction and acts of conciliation.

PRELIMINARY title General provisions article 1. Object and scope of application.

1. this law aims to adjustment records of voluntary jurisdiction are handled before the courts.

2. are considered records of voluntary jurisdiction for the purposes of this Act all those that require the intervention of a court for the protection of rights and interests in the field of civil and commercial law, without any controversy that must be substantiated in a contentious process.

Article 2. Competence in matters of voluntary jurisdiction.

1. the courts of first instance or commercial, as the case may be, will have competition objective to meet and resolve cases of voluntary jurisdiction.

2. in the records of voluntary jurisdiction territorial competition will come set by the corresponding precept in each case, unless it fits to modify it by express or implied submission.

3. the impulse and the address of the records will be up to the court clerks, attributing to the judge or the clerk, according to the case, the decision to fund falling upon those and other resolutions which are expressly indicated in this law.

When not come attributed the competition expressly to none of them, the judge will decide the records relating to the public interest, to the civil status of persons, who need the protection of substantive rules or to bring acts of disposal, recognition, creation or extinction of subjective rights, as well as when affect to the rights of minors or persons with ability to judicially modified. The rest of records shall be resolved by the court clerk.

Article 3. Legitimacy and application.

1 you can promote voluntary jurisdiction records and intervene in them who are holders of rights or legitimate interests or whose legitimacy come them conferred legally on the matter that constitutes its object, without prejudice to cases in which the record can start ex officio or at the request of the public prosecutor's Office.

2. both applicants and interested parties should act defended by lawyer and represented by an attorney in those records that so this law provides it. However, even when not required by law, parties wishing to do so may act assisted or represented by lawyer and Prosecutor, respectively.

In any case, the performance of lawyer and Attorney for the proceedings of review and appeal, which may be filed against the final decision handed down on the record, as well as from the moment in which it formulated opposition will be needed.

Article 4. Intervention of the public prosecutor's Office.

The public prosecutor's Office will intervene in the records of voluntary jurisdiction when they affect marital status or condition of the person, or is committed to the interests of a minor or a person with capacity judicially modified, and in other cases in which the law expressly so declare it.

Article 5. Test.

The judge or the clerk, according to who is the responsible for the knowledge of the dossier, shall decide on the admission of evidence which intend you, and can order proof of ex officio in cases in which there is a public interest, be affected minors or persons with ability to judicially modified, deemed appropriate to clarify some relevant element and determinant of the issue or expressly provides for the law.

Article 6. Simultaneous or subsequent processing of files or processes.

1 when dealing simultaneously with two or more records with identical object, continue the processing of which had first started and the file will remember records subsequently instituted.

The legal regime referred to in this paragraph for the records of voluntary jurisdiction shall also apply to the files kept by notaries and registrars in those matters in which the competition come them attributed concurrently with the court clerk.


2. not you can start or continue processing a case of voluntary jurisdiction that verse about an object that is being conducted in a judicial process. Accredited after the presentation of the corresponding demand, will proceed to the record file, referring the actions carried out to the Court is the judicial process so that it incorporates cars.

3 the suspension will remember the record when certifying the existence of a contentious judicial process whose outcome could affect you, having dealt the incident in accordance with the provisions of article 43 of the law on Civil procedure.

Article 7. Expenses.

Expenses incurred in the records of voluntary jurisdiction shall be borne by the applicant, unless the law otherwise.

Expenses incurred by witnesses and experts will be in charge of who propose them.

Article 8. Suppletive nature of the Civil procedure law.

The provisions of the Civil procedure law shall be of supplementary application to the records of voluntary jurisdiction in all not regulated by this law.

Title I of the common rules in the field of processing of the records of voluntary jurisdiction chapter I rules of private international law article 9. International competition.

1. the Spanish judicial organs shall know the records of voluntary jurisdiction arising in international cases, when there are international competition forums contained in treaties and other international standards in effect for Spain.

In the cases not regulated by such treaties and other international standards, the competition will be determined by the concurrence of forums of international competition in the organic law of the Judicial power.

2 in the event that, pursuant to the rules of international competition, the Spanish judicial authorities were competent in relation to a record of voluntary jurisdiction, but it was not possible to realize the territorially competent in accordance with the criteria of this law, he shall be it corresponding to the place where the acts of voluntary jurisdiction must produce their main effects or of its execution.

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

Spanish courts apply to records and acts of voluntary jurisdiction respect of which they are competent, the law determined by the rules of the European Union or Spanish of private international law.

Article 11. Inscription in the public registry.

1 final foreign judgment of voluntary jurisdiction emanating from a judicial body may be inscribed in the Spanish public records: to) after overcoming the procedure of exequatur, or for incidental recognition in Spain. Until then may only be preventive annotation object.

(b) by the Manager of the corresponding registration, provided that verify the concurrence of the requirements to do so.

2. in the event that the resolution lacks definitive character, only proceed your preventive annotation.

3. the legal regime referred to in this article for decisions rendered by foreign courts shall apply to decisions handed down by authorities not belonging to foreign judicial bodies in matters of voluntary jurisdiction whose jurisdiction corresponds, according to this law, to the knowledge of judicial bodies.

Article 12. Effects in Spain of the records and acts of voluntary jurisdiction agreed upon by foreign authorities.

1. the acts of voluntary jurisdiction agreed upon by foreign authorities that are firm shall have effect in Spain and accessing the Spanish public records after overcoming their recognition in accordance with the legislation in force.

2. the Spanish judicial body or the competent public Registrar will so also for granting, incidental way, recognition in Spain of the acts of voluntary jurisdiction agreed upon by the foreign authorities. It will not be necessary to have recourse to any specific procedure.

3 recognition in Spain of the acts of voluntary jurisdiction agreed upon by foreign authorities only will be denied in such cases: to) if the Act had been agreed by a manifestly incompetent foreign authority. He is considered to be the foreign authority competent if the so-called presents links founded the foreign State whose authorities have granted such an act. Shall be considered, in any case, that foreign authorities are manifestly incompetent where the so-called affects a matter which exclusive jurisdiction corresponds to the judicial authorities or Spanish 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 produced effects clearly contrary to Spanish law and order.

(d) if the recognition of the Act involved the violation of a fundamental right or freedom public of our legal system.

Chapter II rules of procedure article 13. Application of the provisions of this chapter.

The provisions of this chapter shall apply to all cases of voluntary jurisdiction in which is not contrary to rules specifically governing the proceedings in question.

Article 14. Initiation of the record.

1. the records is begin of trade, to instance of the Ministry Fiscal or by request formulated by person entitled, in which is footnoted them data and circumstances of identification of the applicant, with indication of a domicile for the purposes of notifications.

Is will expose then with clarity and precision what is ask, as well as an exhibition of them made and fundamentals legal in that based its claim. Also is accompany, in his case, those documents and opinions that the applicant consider of interest for the record, and so many copies few are them interested.

2. in the application shall include the data and circumstances of identification of persons who may be interested in the record, as well as home or homes that can be cited or any other data enabling the identification of the same.

3 when the intervention of Attorney and paralegal is not mandatory by law, Judicial Office be provided to the person concerned a normalized form to formulate the request, not being necessary here which is realized the legal justification of the request.

The request may be made by any means, including those provided for in the rules of electronic access for citizens to the administration of Justice.

Article 15. Backlog.

1. the judge or the clerk, according to who is competent to know the record, agreed ex officio or at the request of the interested party or the public prosecutor, the backlog when the resolution of one could affect other, or there is such a connection between them that could lead to inconsistent decisions.

The backlog has not may agree when its resolution corresponds to different subjects.

2 the backlog of voluntary jurisdiction shall be governed as provided in the Civil Procedure Law on the accumulation of processes in the verbal judgment, with the following specialties: to) if it were the outstanding backlog before the same court, accumulation will be requested in writing before the hearing designated in the first place carrying out the relevant allegations and deciding on it.

(b) if the records were pending before various judicial bodies, stakeholders must make a written request accumulation before the body is considered to be competent at any time before the conclusion of the hearing. If the requested does not accede to the accumulation, the discrepancy will be resolved in any case by the common High Court.

3. the records of voluntary jurisdiction shall not be cumulative to any contentious judicial process.

Article 16. Appreciation of craft of the lack of competition and other defects or omissions.

1 filed the application for the initiation of the record, the Clerk shall examine ex officio compliance standards objective and territorial competition.

2. If the clerk understood that competition there is no objective to learn, you can remember file record, after hearing the public prosecutor's Office and the applicant, on those records falling within its competence. Otherwise, you will notice to the judge, who agreed that appropriate, after hearing the public prosecutor and to the applicant.

The resolution in which to appreciate the lack of competition is shall indicate the Court that deemed competent to hear the case.

3. If the court clerk understand that it lacks territorial jurisdiction to hear the matter, you may agree the referral to the authority deemed competent, after hearing the public prosecutor's Office and the applicant, on those records falling within its competence. Otherwise, you will notice to the judge, who agreed the appropriate, after hearing the public prosecutor and to the applicant.


4. the clerk of the Court will also consider the existence of possible defects or omissions in applications and will give, where appropriate, within five days for its correction. If this not will take place in due time, he not filed the petition shall and filed actions in those records falling within its competence. Otherwise, you will notice to the judge, who agreed as appropriate.

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

1. the clerk of the Court shall rule on the request and, if you understand that this is not acceptable, will issue a decree by filing the record or give told the judge, when this is the competent so you remember where applicable.

2 supported the request, the court clerk will be mentioned to a hearing who shall intervene in the file whenever any of the following circumstances: to) that, in accordance with the law, other than the applicant concerned should be heard on the record.

(b) that it would undergo tests before the judge or the clerk.

(c) that the judge or the clerk consider necessary the celebration of appearance for the best resolution of the file.

If it only had to listen to the public prosecutor and not needed to test, this issue his report in writing within ten days.

3. stakeholders will be cited to the hearing at least fifteen days in advance to your celebration, warning them that it must come to that with evidence that try to use. The summons shall be in form prevented in the Civil procedure law, with delivery of the copy of the resolution, the application and the documents accompanying it.

If any of those interested were to formulate opposition, you must do so within 5 days of your citation, and the record will not be contentious, nor will prevent to continue processing until it is resolved, unless the law expressly provides for it. The notice of opposition will be transfer to the requesting party immediately.

Article 18. Conclusion of the hearing.

1. the hearing will be held before the judge or the judicial Secretary, according to who has the competence to hear the record, within thirty days following the admission of the request.

2. the hearing shall be dealt with by the procedures provided for in the law of Civil procedure for the view of the verbal judgment with the following specialties: 1st if the applicant is not formed to the hearing, the judge or the clerk of the Court, depending on who matches the resolution of the case, remember the file record, having him by desisted from the same. If not soonest any of the others mentioned, you will act and will continue to record, without more summonses or notifications to which the law has.

2nd the judge or the clerk, who preside over the hearing, hear the applicant and others cited persons that the law has, and it may decide, ex officio or at the request of the applicant or of the public prosecutor in his case, the hearing of those whose rights or interests might be affected by the resolution of the file. Ensure, through the means and necessary support, the involvement of persons with disabilities in terms that are they accessible and understandable.

3rd if she is raised procedural issues, including those concerning competition, which might impede the valid continuation of the record, the judge or the clerk of court, heard the witnesses, will solve them orally in the very act.

4th when record affects the interests of a minor or a person with capacity modified legally, is also practiced at the same time or, if not possible, within ten days, proceedings involving such interests that they agreed upon ex officio or at the request of the public prosecutor's Office.

The judge or the clerk may agree that the hearing of the minor or person with ability to judicially amended practice in a separate Act, without interference from other people, and can assist the public prosecutor's Office. In any case it shall be ensured that they can be heard in suitable conditions, in terms that are them accessible, understandable and adapted to their age, maturity and circumstances, seeking the help of specialists when necessary.

Scan result detailed Act will be extended and, whenever possible, it will be recorded in audiovisual support. If this occurred after the hearing, will be movement of the Act corresponding to stakeholders so that they can make claims within the period of five days.

5th at the conclusion of the hearing, once carried out the tests, will be allowed to stakeholders formulate their conclusions orally.

6th the development of the hearing is posted on support suitable for recording and playback of sound and image, in accordance with the provisions of the Civil procedure law.

Article 19. Decision of the record.

1. the record shall be resolved via auto or decree, as appropriate competition to the judge or the clerk, within five days from the completion of the hearing or, if this there would have been, since the last diligence practiced.

2 when record affects the interests of a minor or person with ability to judicially amended, decision may be found in any facts which had had knowledge as a result of allegations of stakeholders, the tests or the conclusion of the hearing, although they had not been invoked by the applicant or other interested parties.

3 resolved a record of voluntary jurisdiction and a firm time resolution, not be started another on identical object, unless they change the circumstances that gave rise to that. What there decided to be linked to any other action or subsequent file that are related to that.

This shall apply also with respect to the files kept by notaries and registrars in matters whose knowledge is concurrent with the court clerks.

4. the resolution of a record of voluntary jurisdiction shall not prevent the initiation of a subsequent judicial process with the same purpose as that one, and must pronounce the decision rendered concerning the confirmation, modification or reversal of the record of voluntary jurisdiction.

Article 20. Resources.

1. against interlocutory judgments of voluntary jurisdiction in the files will fit appeal for reversal, in the terms provided for in the Civil procedure law. If the contested decision had agreed during the celebration of the appearance, the appeal will be processed and resolved orally at that time.

2. final decisions rendered by the Court in the records of voluntary jurisdiction may be appealed in appeal by any interested party deemed to be affected by it, pursuant to the Civil procedure law. If the decision comes from the clerk of the Court, must be brought judicial review before the competent judge, under the terms provided in the Civil procedure law.

Appeal will not have suspensive effect, unless the law expressly provides otherwise.

Article 21. Expiration of the record.

1 shall be abandoned record if, despite the impulse of office from the performances, there is activity promoted by stakeholders within the period of six months from the last practiced notification.

2 shall declare the forfeiture of the record to the clerk.

3. against the decree declaring the expiration only fit appeal for review.

Article 22. Compliance and enforcement of the resolution which puts an end to the record.

1. the execution of the firm resolution that puts end to the record of voluntary jurisdiction shall be governed as provided in the Civil procedure law, and in particular articles 521 and 522, and may in any case immediately urge those acts that are precise to give efficacy to what was decided.

2. If any of the records referred to in this law would give rise to a fact or inscribable Act in the Civil Registry, testimony of the resolution that corresponds to the effects of the registration or annotation will be issued.

If the resolution were inscribable in the registry of property, mercantile or other public register, must be issued, upon request, commandment for the purposes of his registration certificate. The referral will take place by electronic means. The qualification of recorders is limited to the jurisdiction of the judge or clerk of the Court, to the congruence of the mandate with the record that has been given, the extrinsic formalities of resolution and obstacles arising out of the registration.

Title II of the records of voluntary jurisdiction in respect of persons chapter I of the authorization or judicial approval of the recognition of non marital filiation article 23. Scope of application.

1. the provisions of this chapter apply in all cases in which, in accordance with the law, the recognition of non marital filiation need to be valid authorization or judicial approval.


2. be presented request urging judicial authorization for the granting of recognition of non marital filiation of minor or modified legally capable person who is brother or blood in a straight line from the parent whose filiation is legally determined.

3 judicial approval for the effectiveness of the Court granted recognition of non marital filiation of a child or person with a modified capacity will be requested: a) for who can not get married because of age.

(b) for whom does not have the express consent of their legal representative or curator of the recognized or legally known parent assistance, provided that it had not been recognized in Testament or within the deadline for the registration of the birth.

(c) by the father, when recognition had been made within the deadline for the registration of the birth, and when this has been suspended at the request of the mother.

4. also judicial approval for the validity of the non-matrimonial recognition by a person will urge judicially modified capacity.

Article 24. Competence, legitimacy and application.

1 shall have jurisdiction to hear this record the first court of the domicile of the recognized or, if not available in country of residence in that territory. If the recognized did not have his residence in Spain, that of the domicile or residence of the parent will be author of recognition.

2 author of recognized progenitor, may promote this record by itself or assisted his legal representative, tutor or curator, in his case.

3. in processing the present case the intervention of a lawyer or Attorney is not mandatory.

Article 25. Processing.

Admitted to processing the application by the court clerk, this will be mentioned to hearing the applicant and, as appropriate, parent known to the guardian or curator of the recognized and this if it had sufficient maturity, and in any case if it was more than 12 years, as well as their descendants if any deceased and any, and people that are appropriate as well as to the public prosecutor.

Article 26. Resolution.

1. the judge will resolve as appropriate on the recognition question, attending to the discernment of the parent, the veracity or authenticity of his act, the likelihood of the relationship of procreation, without the need for a full of the same test, and the interest of the recognized as minor or person with ability to judicially modified.

2 when in the case of recognition of a minor or a person with a modified capacity judicially awarded by who is a brother or blood relative in a straight line from the other parent, the judge authorized only determination of filiation when it is in the interest of the minor or the person judicially modified capacity. The judge will void such determination if a public document indicating the manifestation of the recognized in this respect, performed after reaching full capacity.

3. the testimony of such a resolution shall be sent to the competent Civil Registry to proceed with your registration.

Chapter II of the habilitation to appear at trial and the appointment of judicial Defender article 27. Scope of application.

1 the provisions of this chapter shall apply in cases in which proceed according to the law the appointment of a judicial defender of minors or persons judicially amended or limited to change and, in any case, you will be prompted: to) in any matter when there is conflict of interest between minors and their legal representatives or people with ability to judicially modified, its curator , unless the other parent / guardian, if any parental authority or guardianship joint, there is no such conflict.

(b) when for any reason, the tutor or curator duties until cessation the decisive cause or did not habitually designated another person to carry out the charge.

(c) when they have knowledge that a person with respect to which the guardianship or curatorship, should be required the adoption of measures for the administration of their property, until taken judicial resolution which put an end to the procedure.

2. also the provisions of this chapter shall apply in cases in which appropriate habilitation and subsequent appointment of judicial Defender. Be encouraged enabling when the non-emancipated minor or person with capacity modified legally, being sued or following him great disservice not to promote demand, is in any of the following cases: to) found the parents, guardian or curator absent ignored their whereabouts, without having rational reason enough to believe his return next.

(b) refuse both parents, guardian or curator to represent or assist in judgment to the minor or person with ability to judicially modified.

(c) find is the parents, tutor or curator in a situation of impossibility in fact for the representation or assistance in trial.

3. Notwithstanding the provisions of the preceding paragraph, shall be appointed judicial Defender to the minor or person with ability modified legally, without the need for authorization prior to litigate against their parents, guardian or curator, or calling records of voluntary jurisdiction, when it finds legitimized to do so or to represent him when the procedure to legally change its ability to be urged by the public prosecutor. The application will not proceed if the other parent or guardian, if any, did not have an interest opposite to the minor or person with ability to judicially modified.

Article 28. Competence, legitimacy and application.

1 shall be competent for the knowledge of this dossier the clerk of the Court of first instance of the place of residence or, in absence thereof, of the residence of the minor or person judicially amended or limited to amend or, in his case, one corresponding to the Court of first instance which is knowing the topic requiring the appointment of judicial Defender.

2. the file will start ex officio, at the request of the public prosecutor, or on the initiative of the minor or person with ability to judicially amended or any other person acting in the interest of this.

3. in processing the present case the intervention of a lawyer or Attorney is not mandatory.

Article 29. Effects of the application.

Since requested the authorization and until the judicial Defender accept his position or be archive record by firm resolution, shall be suspended during the periods of prescription or expiry, that can affect the action of the exercise concerned.

In the event of the minor or person with ability judicially amended or to change it has to appear as a defendant or has run out of procedural representation during the procedure, the public prosecutor will assume their representation and defence until the appointment of judicial Defender.

Article 30. Appearance and resolution.

1. the Clerk shall convene hearing to the applicant concerned appearing as such on record, to whom it deems relevant, its presence, to the minor or person judicially amended or limited to amend if they have sufficient maturity and, in any case, the minor if it has more than 12 years and the public prosecutor's Office.

2. in resolution access as requested will be appointed judicial Defender whom the clerk deems most suitable for the position, with determination of the powers that would give.

(3. the testimony of the resolution for the appointment of judicial defender in the case referred to in point (c)) of paragraph 1 of article 27 shall be sent to the competent Civil Registry to proceed with your registration.

Article 31. Cessation of the judicial defender and enabling to appear at trial.

1. the judicial Ombudsman shall communicate to the Court the disappearance of the cause that gave rise to his appointment.

2. also must report to the Court when one of the parents or representatives or curator, in his case, provision to appear at trial by the affected, or when the procedure that gave rise to the habilitation is finished.

Article 32. Accountability, excuse and removal of judicial Defender.

The provisions for the formation of inventory, where appropriate, the excuse and the removal of guardians and its accountability after its management shall apply to the judicial Defender, will be processed and decided by the clerk of the competent court.

Chapter III adoption article 33. Competition.

Adoption records, shall be the competent court of first instance corresponding to the headquarters of the public entity that has entrusted the protection of the adopting and, failing that, the home of the prospective adoptive parent.

Article 34. Preferential character and application.

1. the processing of adoption record will have preferential character and be practiced with the intervention of the public prosecutor's Office.

2. not the assistance of counsel or solicitor is mandatory.

Article 35. Proposal of the public entity and request of the adoptive parent.

1. the record starts with the notice of proposal to adopt formulated by the public entity or by the request of the adopter when it was entitled to do so.

2. in the proposal for adoption by the public entity will they be expressed especially:


(a) the personal, family and social conditions and the livelihoods of the adopter or adopters assigned and their relationships with the adopting, with detail of the reasons justifying the choice of that or those.

(b) where and when have provided their assent and to be heard, the last known place of residence of the spouse of the adopter or of the person to which it is linked by similar affectivity relationship to the married, or the parents, guardian, cozy family or guardians of the adopted.

c) if ones and others have made their assent before the public entity or public document.

3. in cases not be required proposal prior of the public entity, in accordance with the provisions of article 176 of the Civil Code, providing for the adoption of the adopter shall submit written, in that it expressed the indications contained in the preceding paragraphs as may be applicable, and the allegations and evidence leading to demonstrate that in the adopting attends any of the circumstances provided by the law.

4. with the proposal or offering for adoption will be presented documents to that referred to in the preceding paragraphs, the prior declaration of suitability of the adopter for the exercise of parental authority issued by the entity, if any, and how many reports or documents be judged appropriate.

Article 36. Consent.

On the record, the clerk will be mentioned, to express its consent in the presence of the judge, to the adopter or adopters and the adopting if it is older than 12 years.

Article 37. Assent and audience.

1. also should be cited, to lend the assent to the adoption before the judge, the people indicated in the paragraph 2 of the article 177 of the code Civil.

Not will be cited those who still need his assent, had given it prior to initiating the case before the corresponding public entity or public document, except that more than six months had elapsed since they did.

2. If parents sought that you recognition of the need to give his assent to the adoption, should be revealed in the record. The clerk agreed suspension of the record and be granted within 15 days for the submission of the demand, which will get to know the same court.

Presented the demand within time, the court clerk will issue a decree declaring the adoption record dispute and agreed to continue its processing pursuant to article 781 of the code of Civil Procedure Act.

It should not arise the demand within the time-limit, the Clerk shall issue Decree giving terminate the process and lifting the suspension of adoption record. The Decree may be appealed directly in review before the Court. The firm resolution, will not accept any further claim of the same subjects, about need to assent to the adoption question.

3. also must be listed to be heard by the judge in the case, the persons referred to in paragraph 3 of article 177 of the Civil Code.

Article 38. Citations.

1. If the adoption proposal or offering for adoption not constare the domicile of which need to be cited, the clerk you will practise immediately the appropriate proceedings for the ascertainment of the place of residence in accordance with the stipulated in article 156 of the Civil procedure law and will quote them before the judge within fifteen days and must ensure the proper reserve. Citation parents shall contain, where appropriate, the circumstance by which enough viewership.

2 citations that are required to provide their consent or be heard will include the warning that if they were personally quoted, and not appear follow the procedure without further citations. If they do not respond to the first citation and citation have not had performed in his person, will return them to quote for within 15 days, with the warning that although they are not brought record will continue processing.

3. when not have failed to know residence or whereabouts of a person who should be cited, or if cited properly, with the appropriate warnings, do not appear, it prescindirá of the formality and agreed adoption is valid, without prejudice, where appropriate, the right afforded to the parents (2) of article 180 of the Civil Code.

Article 39. Processing.

1. the judge may order the practice of many inquiries it deems appropriate to ensure that the adoption is in the interest of the adopting.

2. all the actions will be carried out with suitable reserve, avoiding in particular the family of origin aware what is the adoptive, except in the cases collected in paragraphs 2 and 4 of article 178 and without prejudice to the provisions of article 180 of the Civil Code.

3 if it is suscitare opposition, the record will be contentious and the clerk will be mentioned to stakeholders at a glance, continuing the proceedings as planned for the verbal trial.

4. against the car that resolved the record should be appeal, which shall be preferred, without that produce suspensive effect.

5. the testimony of the firm resolution that the adoption is agreed shall be sent to the corresponding Civil Register, so that your registration is carried out.

Article 40. Procedure for the exclusion of features tutelary of the adopter and extinction of the adoption.

1. the judicial proceedings referred to in articles 179 and 180 of the Civil Code, will be examined by the procedures of the trial concerned pursuant to provisions of the Civil procedure law and its resolutions will be remitted to the Registrar for registration.

2. during the conduct of the procedure, the judge shall adopt, even in office, and after hearing the public prosecutor, protection measures on the person and property of the adopted child or person with ability to judicially modified.

3. If the adoptee was of age, the extinction of the adoption will require your express consent.

Article 41. International adoption.

In the cases of intercountry adoption it will be as provided in article 9.5 of the Civil Code and in law 54/2007, of 28 December, on international adoption, as well as provisions concerning the treaties and conventions to which Spain is a party and international, especially in the the Hague Convention of 29 May 1993 relative to the protection of children and cooperation in respect of intercountry adoption.

Article 42. Conversion of adoption simple or not full in full.

(1. the adopter of adoption simple or not full constituted by authority foreign competent may urge before them courts Spanish his conversion in an adoption regulated by the right Spanish when concur one of them following so-called: to) that the adopting have their residence usual in Spain in the time of Constitution of the adoption.

(b) that the adopting has been or go to be moved to Spain with the purpose of establishing their residence usual in Spain.

(c) that the adopter has the nationality Spanish or have their residence habitual in Spain.

2. the adopter shall present the application offering is for the adoption full, without precise proposed prior of the entity public, in which expressed them indications contained in the article 35 as soon as are applicable. To request you must include Constitution of adoption document by the foreign authority and leading evidence to demonstrate that in the adopted concur the required circumstances.

3 presented the application will follow the procedures established in the preceding articles, insofar as they are applicable, shall examine the judge the concurrence of endpoints listed in the law of international adoption.

4. in any case they should manifest its consent to the judge, the adopter or adopters and the adoptee if more than twelve years. If it was a minor of that age are heard in accordance with their age and maturity.

The spouse of the adopter or the person where they are United by similar affectivity relationship to the conjugate must set.

5. the testimony of the car that declare the adoption simple or not full conversion in the Middle will be sent to the corresponding Civil Register, for registration.

Chapter IV of the guardianship, curatorship and custody of fact section 1 common provision Article 43. Competition and nomination.

1 shall be competent to the knowledge of this issue the Court of first instance of domicile or, in absence thereof, of the residence of the minor or person with ability to judicially modified.

2. the judicial body that has known a dossier on guardianship, curatorship or custody of fact, shall have jurisdiction for all incidents, procedures and adoption of further measures, provided that the minor or person with ability modified legally resides in the same constituency. Otherwise, know of any of these incidents, will require that prompted full testimony of the record to the Court who previously knew of it, which shall transmit it in the ten days following the request.

3 these records will not be mandatory intervention of a lawyer or Attorney, except the one concerning the removal of the guardian or conservator that lawyer's intervention will be needed.

Section 2 of the guardianship and curatorship article 44. Scope of application.


Shall apply the provisions of this section to the Constitution of the guardianship and curatorship, provided that not requested the Constitution in a judicial process to modify a person's ability.

Article 45. Processing, resolution and resource.

1. the record will begin repairs in which is expressed the fact giving rise to the custody or guardianship, accompanying documents showing the legitimacy to promote the record and indicating the next of kin of the person subject to which should constitute the guardianship or curatorship and their homes. You must also include certificate of birth of this and, where appropriate, the certificate of last wills of the parents, the Testament or notary public document issued by these that are available on the tutelage or guardianship of your minor children or judicially modified capacity, or the notary public document issued by the affected himself where he had arranged in anticipation on his own tutelage or guardianship.

2. at the hearing will be heard the promoter, the person whose appointment is proposed is not the sponsor, one whose guardianship or guardianship is sought to be if it were 12-year-old or the child of such age that has sufficient maturity, the closer, to the public prosecutor's relatives, and how many people appropriate.

Both the judge and the public prosecutor's Office shall be ex officio in the interest of the minor or person capacity modified legally, adopting and proposing measures, proceedings, expert reports and evidence that they deem appropriate.

3. the judge shall appoint guardian person or certain people, in accordance with the stipulated in the Civil Code.

4. resolution agreeing the appointment of guardian or conservator, shall the measures of supervision of the guardianship or curatorship established by parents in Testament or notary public document, or the own affected in the notarial public document issued in this regard unless someone else the interest of the person concerned.

In the absence of forecasts or when they were not established in the interests of the affected person, ex officio or at the request of the public prosecutor's Office or of the applicant, in the resolution which constitute the guardianship or conservatorship or other back, the judge may agree on measures of surveillance and control, in the interests of the constituted in guardianship or curatorship, as well as require the guardian report on the personal situation of the minor or person with ability to judicially amended and the State of the administration of their property. If they they adopt in later resolution, be previously heard the tutor or curator to the person concerned if he has sufficient maturity and, in any case, the minor if it has more than 12 years and the public prosecutor's Office.

5. the judge, in the resolution that constitutes the guardianship or curatorship or in another post, may require the guardian the lodging of security to ensure compliance with their obligations, and must determine, in this case, type and amount of the same.

It can also be subsequently, ex officio or at the request of an interested party, to leave without effect or modify in whole or partly bail which had lent, after hearing the tutor or curator to the person concerned if he has sufficient maturity and, in any case, the minor if it has more than 12 years and to the public prosecutor's Office.

6. the decision handed down will be appealed on appeal without suspensive effect it produces.

During the conduct of the appeal, will be in charge of the guardian or conservator elected, in your case, the care of the minor or person with judicially modified capacity and flow management, as appropriate, under the guarantees that parecieren enough to judge.

Article 46. Provision of deposit, acceptance and possession of the cargo.

1. a time firm it resolution by which is constitutes the guardianship or guardianship, is will be mentioned to the designated to appear in the term of fifteen days in order provide it bail established for ensure the flow of the affected, in its case, and accept the charge or formule excuse.

2 Prestada bail, if he had demanded, the judge will declare sufficient and agree in the same resolution registrations, deposits, measures or proceedings deemed suitable for the effectiveness of the deposit and conservation of the property of the minor or person with ability to judicially modified.

3 practiced all the proceedings agreed, the designated accept in Act executed before the court clerk the obligation to fulfill the duties of their position under the laws, and it agreed to give up the post, will confer the powers laid down in the Court ruling that agreed to his appointment and will hand over certification of this.

4. when the designated was to the position of steward, or the guardian will be required to present the inventory of assets of the affected within the period of sixty days. Until the adoption of the inventory of assets, if any, designated person will be in the care of the minor or person judicially modified capacity and flow management, as appropriate, under the guarantees that parecieren enough to judge.

5. the Court that agreed the guardianship or curatorship will send testimony to the corresponding Civil Register resolution dictated both the Act of possession of the charge to the appropriate effects.

Article 47. Formation of inventory.

1. the designated which had been appointed administrator of the flow will present, within the given time, the inventory of goods, which will contain the relationship of the affected goods, as well as the Scriptures, documents and papers of importance that are. Then, the Clerk shall set day and time for training and will be mentioned to those interested, to the persons concerned if they have sufficient maturity and, in any case, the minor if it has more than 12 years and the public prosecutor's Office.

2. If it is suscitare controversy over the inclusion or exclusion of goods in inventory, the clerk will be mentioned stakeholders to a view, continuing the proceedings as planned for the verbal trial, suspending its formation until it is resolved.

The sentence that decision on inclusion or exclusion of goods in inventory will leave the rights of third parties.

3. If there is no opposition or resolved this, the clerk will approve the inventory, Dante designee proceed to his administration in the terms established in the judicial resolution.

Article 48. Remuneration of the Manager.

1. If the establishment of compensation is sought by the guardian and was not fixed in the resolution that would have made his appointment, the judge will agree it always to heritage of the protected or assisted allowed, shall determine its amount and the way of perceiving it, according to the work to be performed and the value and profitability of the goods After hearing the applicant, assisted or protected if you have sufficient maturity and, in any case, the child if over 12 years, to the public prosecutor's Office and how many people considers appropriate. The judge, the parties, or the public prosecutor may propose the proceedings, expert reports and evidence that they deem appropriate.

The car referred to in this article will be implemented notwithstanding appeal, which will not produce suspensive effect.

2. the same procedure shall be followed to modify or extinguish such retribution.

Article 49. Removal.

1. in the cases provided for by the Civil Code, ex officio, at the request of the public prosecutor, of the ward, of the subject to guardianship or other interested person, is may agree the removal of the tutor or curator, previous celebration summons, that is you will also hear the tutor or curator, the person who will replace in office and the affected if he has sufficient maturity and , in any case, the minor if it has more than 12 years and the public prosecutor's Office.

If it is suscitare opposition, the record will be contentious and the clerk will be mentioned to stakeholders at a glance, continuing as planned for the verbal trial processing.

2. during the processing the case of removal, the judge may suspend the tutor or curator in its functions and the Clerk shall appoint to the protected or subject to guardianship a judicial Defender.

3. the judge will agree the task, naming a new guardian in accordance with civil legislation, and must send the corresponding communication to the Civil Registry.

Article 50. Excuse.

1 if any of the reasons provided for by the Civil Code to excuse the post exercise guardianship or conservatorship estate, the guardian or conservator must claim it within a period of fifteen days to count since he is aware of the appointment. If the reason for the excuse sobreviniere you during your workout, you can claim it at any time, except for legal persons, provided that there were similar conditions person to replace him.

2 may accept the excuse of the guardian or curator upon celebration of appearance, which necessarily will be heard to the person who will excuse, to which going to replace in office and to the plaintiff if he has sufficient maturity and, in any case, the minor if any more 12-year-old and the public prosecutor's Office.

3. during the processing of the dossier, who requested the resignation shall be obliged to exercise the function and, if not, appoint a defender that replaced him, being replaced responsible for all expenses incurred by the excuse if this was rejected.


4 admitted the excuse will be the appointment again guardian or conservator must refer, where appropriate, the corresponding communication to the Civil Registry.

Article 51. Accountability.

1. every year, since the acceptance of the charge, the guardian or conservator must submit within twenty days of meet the deadline a report about the personal situation of the minor or person with ability to judicially modified and an accountability for the administration of their property, if appropriate.

2 presented reports, the court clerk will quote to appear before the judge to the incumbent, to the protected or assisted if I had enough maturity and, in any case, the minor if it has more than 12 years, those who were interested, and to the public prosecutor, being able to propose ex officio or at the request of part the proceedings and evidence that may be appropriate.

3. after that, had or no opposition, the judge shall decide on the annual reports and the accountability.

4. these provisions shall apply in cases of final accountability for termination of guardianship or curatorship, and must be presented, where applicable, within the period of three months from the cessation of office, be extended by the time that may be necessary if there is just cause. In these cases also will be heard, if necessary, to the new guardian and the heirs of the protected or assisted, where appropriate.

5. in any case, the judicial approval of submitted accounts will not prevent the exercise of the actions that each other to attend to the tutor or curator and the protected or subject to guardianship or his successors in title on the basis of the guardianship or conservatorship.

3rd of article 52 saves section indeed. Requirements and control measures.

1. at the request of the public prosecutor, of the guardian or anyone having a legitimate interest, the judge who has knowledge of the existence of a keeper indeed, subject may require that you to report on the situation of the person and property of the minor, the person with a modified capacity judicially or that would be, and their performance in relation to the same.

2. the judge may establish measures of control and surveillance deemed appropriate, without prejudice to promote record for the establishment of guardianship or curatorship. Such measures shall be adopted, upon hearing, citing the person who affects the guardian in fact, the guardian and the public prosecutor's Office.

Chapter V judicial award of emancipation and the benefit of adulthood article 53. Competence, legitimacy and application.

1. the Court of first instance of the domicile of the minor shall have jurisdiction to hear the application of emancipation that urge the largest in 16 years subject to parental authority, found in any of the cases referred to in article 320 of the Civil Code; (specifically: to) who pursues the parental contrajere nuptials or conviviere maritally with someone other than the other parent.

(b) when the parents living apart.

(c) when if any cause that hamper seriously the exercise of the homeland power.

2. the judge of first instance of the domicile of the minor shall have jurisdiction to hear the application for benefit of adulthood that urge the largest in 16 years subject to supervision, in accordance with the provisions of article 321 of the Civil Code.

3. in the practice of these actions, will not be mandatory intervention of a lawyer or Attorney, unless formulated opposition, in which case Yes it is mandatory the assistance of counsel from the time.

Article 54. Request.

1. the file will start request addressed to the Court by the lowest highest of 16 years, with the assistance of one of their parents, not private or suspended the parental, or guardian. In the absence of assistance from them, will be appointed judicial Defender minor urging record. The public prosecutor will assume their representation and defence until the appointment of judicial Defender.

2. at the request shall be accompanied, where appropriate, documents that accredit the concurrence of cause required by the Civil Code to encourage the emancipation or benefit of coming of age, as well as the proposition of test deemed relevant.

Article 55. Processing and resolution.

1 admitted to proceedings by the court clerk the application, will convene the appearance before the judge child, their parents or, where applicable, his guardian, the public prosecutor and those who might be concerned, who shall be heard in this order. Afterwards, will practice those tests which have been proposed and agreed.

2. the judge, taking into account the offered justification and valuing the interest of the minor, it will be addressed by granting or denying requested the benefit of age of majority or emancipation.

3 the testimony of the granting of the benefit of age of majority or emancipation will be sent to the Registrar to proceed with your registration.

Chapter VI protection of the heritage of people with disabilities article 56. Scope of application.

1 the rules of this chapter shall apply to records that relate to any of the proceedings provided for in chapter I of the law 41/2003, 18 November, on asset protection of persons with disabilities and, in particular, to: to) the Constitution heritage protected people with disabilities or approval of the contributions to the same when their parents guardian or conservator unjustifiably refuse to provide consent or assent to it.

(b) the appointment of his manager when he could not be in accordance with the title of Constitution.

(c) the establishment of exemptions from the requirement to obtain the Administrator's authorization or judicial approval to carry out acts of disposal, assessment or otherwise, relating to the property and rights of the heritage protected people with disabilities.

(d) replacement of the Manager, change of management rules, the establishment of special measures to control, the adoption of precautions, the extinction of the protected heritage or any other measure of analogous nature which is necessary following the establishment of the protected heritage.

Article 57. Competence, legitimacy and application.

1 shall be competent for the knowledge of this issue the Court of first instance of domicile or, failing that, of the residence of the person with a disability.

2. to promote regulated in this chapter only records it is entitled to the public prosecutor, who shall act ex officio or at the request of any person, and must be heard in all legal proceedings relating to protected heritage.

3. stakeholders not shall be lawyer or attorney to speak on the record.

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

1. the file will start request in writing of the Prosecutor's Office in which shall be entered the data and circumstances of identification of the person with disability, its representatives or its curator, as appropriate and other stakeholders on the matter, as well as home or homes that can be cited, and the facts and other allegations that come.

2 processing shall comply with the General rules of procedure provided for in this law.

3. the judge shall adopt the resolution in the interests of persons with disabilities.

If the resolution established the Constitution of the heritage protected of a person with disability, that shall contain, at least, the inventory of them goods and rights that initially it constitute; the rules of his administration and, in his case, of control, as well as them procedures of designation of them people that have of integrate them organs of administration or, in its case, of control.

4. the resolution will be appealed in appeal with effects suspension, except when is will appoints administrator of the heritage protected by not power is designate according to the rules established in the document public or the resolution judicial of Constitution.

5. If it resolution dictated by the judge outside the Constitution of a heritage protected and the administrator appointed not outside the own beneficiary of the same, that must be communicated to the record Civil for its registration, as well as them others circumstances relating to the heritage protected and to the designation and modification of administrators of said heritage.

You must also deliver testimony of the resolution to the part for registration in the records of the respective goods that integrate the protected heritage have the character of recordable for your inscription or annotation, or the managers of institutions for collective investment or of companies if it were of the units or shares of the same.

Chapter VII the right to honour, privacy and self-image of the child or person with modified capacity Court article 59. Scope, competence, legitimacy and application.


1 the provisions of this chapter to obtain judicial authorization of consent to legitimate intrusion in the scope of protection article 3 of organic law 1/1982, of May 5, delimited of civil protection of the right to honour, shall apply to personal and family privacy and self-image, when the public prosecutor's Office had opposed the consent given by the legal representative of a minor or a person with a modified capacity judicially.

2 shall be competent to the knowledge of this issue the Court of first instance of domicile or, in absence thereof, of the residence of the minor or person with ability to judicially modified.

3. to promote this record is legitimate the legal representative of the minor or person with ability modified legally, without the mandatory intervention of a lawyer or attorney.

Article 60. Processing and resolution.

1. the file will begin repairs, which should be accompanied by the consent project, document in which record the notice of opposition of the public prosecutor and those proving their legal representation.

2. a time admitted the request by the Secretary judicial, this designated day and time for the appearance, to which is will be mentioned to the Ministry Fiscal, to the representative legal of the minor or person with capacity modified judicially and to this if the judge it believed necessary. The judge may agree also, ex officio or at the request of the public prosecutor's Office, the citation, where appropriate, other stakeholders.

3. the judge shall issue resolution at the end of the hearing or, if the complexity of the case justifies it, within five days, in accordance with the best interests of the child or person with the ability to legally amended.

4. against this resolution will fit appeal with suspensive effect, which will be resolved on a preferential basis.

5. If the legal representatives of the minor or the person with the ability to legally amended would like to legally consent is revoked, they will put it to the attention of the judge, who shall issue resolution leaving him with no effect.

Chapter VIII of the authorization or judicial approval to carry out acts of disposal, assessment or others relating to the property and rights of minors and people with modified capacity Court article 61. Scope of application.

The provisions of this chapter shall apply in all cases where, pursuant to the Civil Code or the law 41/2003, of 18 November, of heritage protection of persons with disabilities, the legal representative of the minor or person with ability to judicially amended or the administrator of a protected heritage need authorization or judicial approval for the validity of acts of disposal , assessment or others relating to their property or rights or protected assets, except that it had established a specific procedure.

Article 62. Competence, legitimacy and application.

1 shall be competent to the knowledge of this issue the Court of first instance of domicile or, in absence thereof, of the residence of the minor or person with ability to judicially modified.

2 may promote this record who holds the legal representation of the minor or person with a modified capacity Court for the purposes of carrying out the legal act in question, the curator or judicial Ombudsman in his case, as well as made in guardianship or curatorship, if it had not been banned.

As regards management of property or certain rights, with faculties specific about them, conferred by his transferor gratuitously in favour of who holds no legal representation of a minor or a person judicially modified capacity, or when they are exercised separately the guardianship of the person and the goods must request authorization , if it is accurate, the administrator appointed by the transferor or the guardian of the property.

If the Act with respect to the protected heritage property, the legitimate is their Manager.

3 will not be mandatory intervention of a lawyer or Attorney provided that the value of the Act for which the record be urged not to exceed the 6,000 euros, still required its performance in another case.

Article 63. Request.

1. in the application it is expressed reason for the Act or business concerned, and is razonará the need for, usefulness or suitability thereof; identify precisely the property or right to which it relates; and the purpose to which to apply the sum obtained will be exposed, in your case.

With the request that be deducted will present papers and background so as to formulate accurate judgment about the business in question and, where appropriate, heritage or the division of the common thing performed particionales operations.

2. in the case of authorization requested for compromise, must be accompanied, in addition, the document that has been formulated the bases of the transaction.

3 If the request were to carry out an act of disposal can also be included in the application request that the authorisation extends to the holding of direct sale, without auction or person or entity specialized intervention. In this case, must be accompanied by expert opinion for the evaluation of the market price of the property or right in question and specify other conditions of the Act's provision that is intended to perform.

Article 64. Processing.

1 admitted to processing the application by the court clerk, this will be mentioned hearing the public prosecutor, as well as all persons who, according to different cases, require the laws and, in any case, the affected that had enough maturity and the less more 12-year-old.

2. when appropriate expert opinion will emit before the hearing, and must quote it to the expert or experts who had issued it, if so agreed, to respond to issues that have both the parties and the judge.

Article 65. Resolution.

1. the judge, taking into account the offered justification and assessing its suitability to the interests of the minor or person with capacity modified legally, resolved by granting or denying authorization or approval requested.

2. the authorization for the sale of goods or rights shall be granted under the condition of prior expert opinion of valuation of the same, unless they have had urged approval for direct sale or by person or specialized entity, without the need for auction and the judge so authorizes it carried out in a public auction.

He is excepted case concerned of shares, debentures and other securities admitted to trading on the secondary market, in that it will remember that they alienated in accordance with the legislation governing these markets.

3. in the case of authorization requested for compromise, if it was granted by the judge, determine the issue of testimony to be delivered to the applicant for the use that corresponds.

4 if it endorses the realization of some act of lien on goods or rights belonging to the minor or person with ability to judicially modified, or the extinction of property rights to them belonging, will be ordered to follow the same formalities established for sale, with the exception of the auction.

5. the decision may be appealed in appeal with suspensive effect.

Article 66. Fate of the amount obtained.

The judge may take the necessary measures to ensure that the amount obtained by the Act of alienation or encumbrance, as well as for the realization of the business or authorized contract apply to order in care has been granted that authorization.

Chapter IX of the statement of absence and death article 67. Scope of application.

The rules of this chapter shall apply to the proceedings provided for in title VIII of book I of the Civil Code relating to the disappearance and the declarations of absence and death of a person.

Article 68. Competence, legitimacy and application.

1. in the Declaration of absence and death, shall be competent to the Court of first instance of the last place of residence of the person whose declaration of absence or death, or, failing that, of their last residence.

However, if it were the Declaration of death in the cases of paragraphs 2 and 3 of article 194 of the Civil Code, shall have jurisdiction, in relation to all those affected, the Court of first instance of the place of the accident. If it had that occurred outside the Spanish territory, shall be competent, Spaniards and residents in Spain, that of the place where it started the journey; and if this had started abroad, of the place corresponding to the domicile or residence in Spain of the majority of those affected. When the competition could not be determined in accordance with the above criteria, the Court of first instance of the place of domicile or residence of any of them shall be competent.


2 they are entitled to present the request for records Declaration of absence and death the public prosecutor ex officio or under complaint, the spouse of the absent non-separated legally, the person who is attached by similar affectivity relationship to the conjugate, the blood relatives up to the fourth degree and anyone who founded may have the property of the missing person any exercisable right in life of the same or dependent on his death. However, the Declaration of death referred to in paragraphs 2 and 3 of article 194 of the Civil Code will take place only at the request of the public prosecutor's Office.

3. in the cases of disappearance or legal absence, in the initial application shall be expressed the name, address and other details of the location of the closest known relatives of the absent or gone to the fourth degree of consanguinity and the second of affinity.

4. in the processing of these records will not be mandatory intervention of a lawyer or attorney.

Article 69. Judicial defender in case of disappearance.

1. in the case of disappearance of a person, if it is sought by legitimate part or by the public prosecutor, in accordance with article 181 of the Civil Code, the appointment of an Ombudsman, accredited requirements established by that precept, shall be appointed by the counsel clerk who appropriate, previous celebration of appearance within a maximum period of five days from the filing of the application to which it will be mentioned to those involved and to the public prosecutor's Office and hear witnesses proposed by the applicant.

2. in case of urgency to be prejudice if you wait for the appointment until the conclusion of the hearing, the Clerk shall immediately appoint Ombudsman to whom it may concern or to whom is proposed by the applicant, as well as urgent measures for the protection of the heritage of the disappeared, then continuing ordinary procedures for the record that, in this case It will finish by resolution that it ratify or are revoked the appointment and the measures agreed at the beginning.

Article 70. Declaration of absence.

1. the Declaration of legal absence referred to in the articles 182 to 184 of the Civil Code, with the consequent appointment of representative of the absent, is encouraged by an interested party or the public prosecutor, giving the precise evidence proving the concurrence in the case of many requirements requires the code for such a statement.

2. the clerk of the Court will admit the request and designated day and time for the hearing, which will take place within a maximum period of one month, which will be mentioned to the applicant and to the public prosecutor's Office, as well as relatives listed in the initial application and those contained in record as interested parties, and order posting twice the resolution of admission through edicts with a minimum interval of eight days, in the form established in the law of Civil procedure, in the «Official Gazette» and on the Bulletin Board of the City Council of the locality in which the absentee had last lived. The edict shall contain that you can intervene at the hearing anyone who might have an interest in the Declaration of absence.

3. on these records, the clerk may take ex officio or at the request of the person concerned, with the intervention of the public prosecutor, measures of inquiry and research deems from, as well as all of the protection which it considers useful to the missing or absent.

4. If at the hearing intends the practice of some probative means or action useful for the investigation of the whereabouts of the person concerned on the record, the clerk may agree their appearance after practice.

Article 71. Resolution and appointment of representative of the absent.

1 conducted tests that may have estimated necessary and after the hearing, the clerk, if appropriate by the test result, will issue a decree of legal declaration of absence, shall appoint the absent Representative pursuant to provisions of article 184 of the Civil Code, who shall be responsible for the search of the person of the absent, protection and management of their property and the fulfillment of obligations , and will be available as appropriate pursuant to this code, depending on the case in question.

2. they shall apply to representatives datives of the absent, as are adapted to its special representation, the provisions laid down in chapters IV and VIII on appointment of guardians, acceptance, excuse, and removal from office, the provision of bail and fixing their remuneration, as well as obtaining authorizations and approvals to carry out certain acts relating to property and rights of the absentee , and its accountability once completed his management, which will be processed and decided by the court clerk.

Article 72. Provisional measures.

1. If before the record for the Declaration of legal absence had taken any measures regulated in the Civil Code for the cases of disappearance, they persist until this Declaration take place unless the clerk of the Court, at the request of the interested party or the public prosecutor, may consider appropriate to modify them.

2 if they had not taken, may the court clerk agree them provisionally, while is not finalize the absence record.

Article 73. Practice of inventory of goods.

Accepted the position by the representative, that will be testimony to the resolution as you justifying title, proceed to make the inventory of movable property and description of the properties referred to in number first of article 185 of the Civil Code, which will include debts or obligations pending of the absent. Must practice is in the same record, with intervention of the Ministry tax and of all those interested costs in the same.

Article 74. Declaration of death.

1. the Declaration of death referred to in paragraph 2 of article 194 of the Civil Code is encouraged by the public prosecutor's Office immediately after the accident. If it were the so-called regulated in paragraph 3 of the same article, it will do so eight days after the accident if the remains were not identified.

Provided or performed tests that may have estimated necessary to accredit the concurrence of many requirements demand mentioned paragraphs within the maximum period of five days, with the collaboration, where appropriate, of the relevant diplomatic or consular offices, the clerk of the competent court will issue on the same day the timely resolution.

The decree issued by the clerk of the Court shall declare the death of many people is found in such a situation, expressing as the date from which the death, the accident is understood happened.

2. the Declaration of death to refer article 193 and paragraphs 1, 4 and 5 of article 194 of the Civil Code may be encouraged by those concerned or by the public prosecutor's Office, and will be processed in accordance with the provisions of this chapter.

The decree issued by the clerk of the Court in these cases will, if it is accredited, declare the cessation of the situation of absence legal, if it had been made previously, and the death of the person expressing the date from which the death is understood happened.

3 firm the Declaration of death of the absentee, open succession in the same goods, proceeding to adjudication by the procedures established in the procedure law Civil or extrajudicially, as the case may be.

Article 75. Events after the statement of absence or death.

1. If submission of someone who said to be declared absent or deceased, the court clerk will order that it is identified by the appropriate means may decide ex officio or at the request of the person concerned, calling appearance which will be referred to the presented person, the public prosecutor's Office and all those who have intervened in the record of statement.

After the hearing, the clerk will issue Decree within three days that will be left without effect or be ratified the resolution of Declaration of absence or death.

2. If non-submission, but it took news of their supposed existence known whereabouts, is personally notified affected alleged resolution Declaration of absence or death, requiring you to that within twenty days of contribution proofs of their identity. After period, regardless who has filed or not proofs, the Clerk shall convene the hearing referred to in the preceding paragraph, citing that there is expressed. The court clerk will issue resolution that comes within three days.

3. If the person who said to be missing so request and provide documentary identification to the clerk considers enough to do so, may decree the suspension of the performance of the representative of the declared absent until the conclusion of the hearing.


4 If you have news of the death of the missing person after the Declaration of absence or death, the court clerk, upon celebration of appearance which will quote to stakeholders and the public prosecutor's Office and in which practice is relevant evidence for the verification of the death, shall decide on the revocation of the resolution within three days.

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

If at any time during the conduct of any of the records referred to in the preceding articles of this chapter are found the death of the deceased or absent, the record will be filed and measures taken will be without effect.

Article 77. Communication to the Civil Registry.

All the evidence needed to be included in it as is prevented in article 198 of the Civil Code shall be sent to the Registrar.

Chapter X of the removal of organs from living donors 78 article. Scope and competence.

1. the rules of this chapter apply to records that relate to the finding of the concurrence of free, aware and consent selfless of the donor and other requirements for extraction and transplantation of organs from a living donor by law 30/1979, October 27, on the removal and transplantation of organs, and other rules that develop it.

2 it shall have jurisdiction to hear these records the judge of first instance of the town where there is carried out the removal or transplantation, at the option of the applicant.

Article 79. Application and processing of the record.

1. the file will start by request of the donor or communication from the Director of the health centre that will be the extraction or person who delegates, which he expressed personal and family donor's circumstances, the purpose of the donation, the health centre that has made the extraction, the identity of the doctor responsible for transplant or extraction or which are delegated and health about mental and physical health certificate must be accompanied of the donor, issued in accordance with the provisions of the relevant regulations.

For acting on these records need not be the intervention of a lawyer or attorney.

2. to appear one will quote the doctor who has to perform the extraction, the medical signer of the certificate referred to in the preceding paragraph, the responsible transplant doctor or who delegate and the person to whom it may concern give the authorization for intervention, in accordance with the document of authorisation for the removal of organs, granted to the health centre that question or this delegated.

3. the donor must grant your consent to the judge during the hearing, after hearing the explanations of the doctor who has to make the extraction and those of others attending the event. The judge may also require these explanations it deems appropriate on the concurrence of the requirements in the Act for the granting of the consent.

Article 80. Resolution.

(1) if the judge considers that consent given expressly by the donor has not been so freely, conscious and disinterested, or other requirements established by law are not fulfilled, it shall not extend the document of transfer of the organ.

2. in otherwise and if it considers that the legal requirements have been met, will extend in writing the document of transfer of the organ that will be signed by the interested party, the doctor who has to make the extraction and other attendees. If some of them doubted that the consent has been explicitly, free, aware and disinterested, it may oppose donation.

3. of the transfer document, which shall contain the possibility that has the donor revoke consent at any time prior to the intervention, copy will be provided to the donor.

Title III of the records of voluntary jurisdiction in family chapter I of the waiver of the matrimonial impediment article 81. Competence, legitimacy and application.

1. the trial judge of domicile or, in absence thereof, of the residence of any of the Contracting Parties shall have jurisdiction to hear the application for dispensation from the impediments of fraudulent death of the spouse or person with which had been United by similar affectivity relationship to the conjugal and family marriage of the third degree between collateral laid down in article 48 of the Civil Code.

2. must promote this record the spouse in whom concur the impediment to the marriage.

3. in the practice of these performances will not be mandatory intervention of a lawyer or attorney.

Article 82. Request.

He record is start through request directed to the judged that expressed them reasons of nature particular, family or social in which is based, and to which is will accompany them documents and background necessary that credited the concurrency of it fair cause demanded by the code Civil so appropriate it dispenses and, in its case, the proposition of test whose practice will be granted by the judge. If it were the impediments of kinship, the request will be expressed, clearly the family tree of the intending spouses.

Article 83. Processing and resolution.

1 admitted to proceedings by the court clerk the application, will be mentioned at the hearing to the parties and to those who might be concerned, who shall be heard. For dispensation from the impediment of fraudulent death of the former spouse must be cited, in addition, to the Department of public prosecutions. At the hearing are practice tests which have been proposed and agreed.

2. the judge, taking into account the justification offered, it will solve by granting or denying the dispensation from the impediment to marriage.

Article 84. Testimony.

For granting the dispensation for the marriage, the Court Clerk shall issue testimony to be delivered to the applicant for the use that corresponds.

Chapter II of the judicial intervention in relation to parental authority section 1 common provision Article 85. Processing.

1. in the records referred to in this chapter, once supported the request by the court clerk, this will be mentioned at the hearing the applicant, to the public prosecutor, to parents, keeping or tutors where appropriate, the person with ability modified legally, in his case or the child if he has sufficient maturity and, in any case, if over 12 years. If the holder of parental authority is a minor not emancipated, you will also quote his parents and, in the absence of these, your agent. The citation may also agree other stakeholders.

2. the judge may agree, ex officio or at the request of the applicant, other stakeholders or the public prosecutor's Office, practice during the hearing of the proceedings as it deems appropriate. If these actions take place after the hearing, will be movement of the Act corresponding to stakeholders so that they can make claims within the period of five days.

3 will not be mandatory intervention of lawyer or attorney to promote and act on these records.

Section 2 of the judicial intervention in cases of disagreement in the exercise of parental authority Article 86. Scope, jurisdiction and legitimacy.

1 the provisions of this section shall apply when the judge should intervene in cases of disagreement in the exercise of parental authority exercised jointly by the parents. Shall also apply in cases where it is legally provided authorization or judicial intervention when the holder of parental authority is a non-emancipated minor, and any disagreement or inability of parents or guardian.

2. the Court of first instance of domicile or, failing that, of the residence of the child shall be competent. However, if the joint exercise of parental authority by the parents had been established by judicial decision, shall be competent for the court record that would have rendered it.

3. they are entitled to promote this record, both parents, individually or jointly. If the holder of parental authority is a minor not emancipated, parents are also entitled and, in the absence of these, his tutor.

Section 3 of protective measures regarding the inappropriate exercise of the power of guardian or administration of the property of the minor or person with a modified capacity Court article 87. Scope, jurisdiction and legitimacy.

1. the provisions of this section apply to measures relating to the inappropriate exercise of the power of guardian of minors or persons with ability to judicially amended or to the administration of their assets in the cases referred to in articles 158, 164, 165, 167 and 216 of the Civil Code. And in particular: to) for the adoption of measures of protection of minors and of persons with ability to modified legally laid down in article 158 of the Civil Code.

(b) for the appointment of a liquidator for the administration of property acquired by the son for succession in which the father, mother or both had been justly disinherited or had not been able to inherit because of unworthiness, and had not appointed by the responsible person for this purpose, the other parent or could also play this role.


(c) to be attributed to the parents that neither media part of fruits which proceed as property acquired by the child by gratuitously when the disponent has ordained way in equity expressed that they were not for them, as well as those acquired by succession in which the father, mother or both had just been disinherited or had not been able to inherit because of unworthiness , and those donated or left to the children especially for their education or career.

(d) for the adoption of measures to secure and protect the assets of the children, require bond or bond to continue the parents with its administration or even appoint an administrator when administration of the parents jeopardize the heritage of the child.

2. the Court of first instance of domicile or, in absence thereof, of the residence of the minor or person with ability to judicially amended shall be competent. However, if the joint exercise of parental authority by the parents or the attribution of the guardianship and custody of children had been established by judicial decision, as well as when they were subject to guardianship shall be competent for the Court of first instance record who had known of the initial.

3. measures referred to in this chapter shall be taken ex officio or at the request of affected, any relative or the public prosecutor. When required with respect to a person with capacity judicially amended, also they may be adopted at the request of any interested party.

Article 88. Resolution.

If the judge deems from measures, it will be addressed as appropriate by designating a person or institution which, in his case, is in charge of the custody of the minor or person with capacity modified legally, shall adopt appropriate measures in the case pursuant to articles 158 and 167 of the Civil Code, and may appoint, if appropriate, legal counsel or an administrator.

Article 89. Action in cases of guardianship.

In cases of guardianship of the minor or person with ability modified legally, the judge who has known record shall testimony of the final resolution to which they had known of the appointment of guardian.

Chapter III judicial intervention in cases of marital dispute and in the administration of community property article 90. Scope, competition, application and processing.

1 will follow the procedures regulated in the common standards of this law when the spouses, individually or jointly, request the intervention or judicial authorization for: to) fix the marital home or dispose over the residence and objects of ordinary use, if there is disagreement between spouses.

(b) fix the contribution burdens of marriage, when one of the spouses suspendue such duty.

(c) to perform an act of Administration on Commons require the consent of both spouses, or to carry out an act of disposition for valuable consideration about them, find the other spouse unable to lend it or unjustifiably refuses to do so.

(d) grant the administration of the Commons, when one of the spouses is found unable to provide consent or has abandoned the family or indeed there is separation.

(e) conduct acts of disposal of real estate, mercantile establishments, precious objects or securities, unless the right of pre-emption, if the spouse had the Administration and, in his case, the disposition of common property by operation of law or by judicial decision.

2. in records on attribution of the Administration and disposition of the Commons to one of the spouses, the judge may agree also cautions and limitations, ex officio or at the request of the public prosecutor's Office when you speak on the record.

3. in the records referred to in the two preceding paragraphs, the Court of first instance which is or would have been the last domicile or residence of the spouses shall be competent.

Intervention of lawyer or Attorney is not mandatory to promote and act on these records, unless the judicial intervention was to carry out an act of patrimonial character with a value exceeding € 6,000, in which case it will be necessary.

4. the judge will hear at the hearing to the applicant, to the non-applicant spouse, if any, and other interested parties, without prejudice to the practice of other proceedings for proof that it deems appropriate.

5. in these records will be audience to the public prosecutor's Office when the interests of minors or persons are committed with capacity judicially modified.

Title IV of the voluntary jurisdiction records relating to the inheritance law chapter I of section 91 albaceazgo. Scope, competition, application and processing.

1. in cases in which, in accordance with the civil legislation is necessary, shall apply the provisions of this chapter: 1 in the case of resignation of the executor in charge or extension of the period of the albaceazgo.

2nd for removal from office.

3rd for the accountability of the executor.

4th for authorization so that the executor can perform acts of disposal of property of the estate.

2. for acting on these records the intervention of a lawyer or Attorney is not mandatory if the amount of hereditary having less than 6,000 euros.

3 it shall have jurisdiction to hear these records, whose processing shall be subject to the common rules of this law, the Court of first instance of the last domicile or habitual residence of the deceased, or where is most of their heritage, regardless of its nature in accordance with applicable law, or the place they died , provided that were in Spain, at the option of the applicant. In the absence of all of them, shall be competent to the Court of first instance of the place of domicile of the applicant.

4. the decision of these records will be the judge, except for the resolution of the cases referred to in number 1 of paragraph 1 of this article, that will be up to the court clerk.

Chapter II of the contadores-partidores datives article 92. Scope, competition, application and processing.

1 shall apply the provisions of this chapter: to) for the designation of the counter log splitter dative in the cases provided for in article 1057 of the Civil Code.

(b) in the case of resignation of the named contador-partidor or for extension of the deadline for the realization of your custom.

(c) for the adoption of the partition made by the contador-partidor when necessary by have not been expressly confirmed by all the heirs and legatees.

2. for acting on these records the intervention of a lawyer or Attorney is not mandatory if the amount of hereditary having less than 6,000 euros.

3. the processing and decision of these records, which shall be adjusted to the standards of this law and provisions of the Civil Code, shall be responsible to the clerk of the Court of first instance of the last domicile or habitual residence of the deceased, or where is the greater part of its heritage, regardless of its nature in accordance with the applicable law , or the place they died, whenever they were in Spain, at the option of the applicant. In the absence of all of them, shall be competent to the Court of first instance of the place of domicile of the applicant.

Chapter III of the acceptance and repudiation of the inheritance article 93. Scope of application.

1. the provisions of this chapter apply in all cases where, in accordance with the law, the validity of the acceptance or repudiation of the inheritance need authorization or judicial approval.

2 in any case, require judicial authorization: to) the parents who exercise parental authority to repudiate the inheritance or legacy on behalf of their children under 16 years, or if older, still without a majority, do not give their consent.

(b) the guardian, and in their case, judicial defenders, without benefit of inventory to accept any inheritance or legacy or to repudiate them.

(c) creditors of the heir who has repudiated the inheritance that has been called to the detriment of those, to accept the inheritance in their name.

3. Similarly, judicial approval for the effectiveness of the repudiation of the inheritance by the legitimate representatives of associations, corporations, and foundations able to acquire will be needed.

Article 94. Competence, legitimacy and application.

1 shall have jurisdiction to hear these records, whose processing shall be subject to the common rules of this Act, the Court of first instance of the last domicile or, failing that, of the last residence of the deceased and, if you had it in a foreign country, the place of his last place of residence in Spain and is where most of their property , at the option of the applicant.

2 may promote this record representation of so-called heritage, who have themselves represented by the public prosecutor if they were minor or have capacity modified Court, her judicial Defender if not had given the authorization in the appointment and the creditors of the heir who had repudiated the inheritance.


3 will require the intervention of the public prosecutor in the cases set out in letters a) and b) of paragraph 2 of article 93.

4. for acting on these records the intervention of a lawyer or Attorney is not mandatory if the amount of hereditary having less than 6,000 euros.

Article 95. Resolution.

1. the judge, taking into account the offered justification and valuing its suitability to the interests of the so-called heritage, it will be addressed by granting or denying authorization or approval requested.

2. in the case of authorization or approval have been asked to accept without benefit of inventory or repudiate the inheritance, if not granted by the judge, only will be accepted to benefit of inventory.

3. the decision may be appealed in appeal with suspensive effect.

Title V of the voluntary jurisdiction records relating to the law of obligations chapter I of fixing the deadline for the fulfilment of the obligations when article 96. Scope of application.

When, according to the article 1128 of the Civil Code or any other legal provision, appropriate that the deadline for the fulfilment of an obligation at the request of any of the subjects of the same is judicially points, will follow common rules of this law.

Article 97. Competition and nomination.

1. the processing and resolution of this record shall be the Court of first instance of the domicile of the debtor. If the locked relationship was between a consumer and an entrepreneur or user, professional and this is the debtor of the provision, competition may also correspond to the Court of first instance of the domicile of the creditor, at the choice of this.

2. for acting on this record will not be mandatory intervention of a lawyer or attorney.

3 if it is suscitare opposition, the record will be contentious and the clerk will be mentioned to stakeholders at a glance, continuing the proceedings as planned for the verbal trial.

Chapter II of the consignment item 98. Scope, jurisdiction and application.

1 shall apply the provisions of this chapter in cases in that proceeding the consignment in accordance with the law, this is done before the judicial body.

2 will be competent the Court of first instance corresponding to the place where it must fulfil the obligation and, if it could meet in different places, either at the option of the applicant. In his absence, shall have jurisdiction which corresponds to the domicile of the debtor.

3. for acting on this record will not be mandatory intervention of a lawyer or attorney.

Article 99. Processing.

1 which promote the judicial provision expressed in your application data and circumstances of identification of those interested in the obligation to which it relates the appropriation, domicile or households that may be cited, as well as the reasons for this, all matters relating to the object of the entry, making it available to the Court and , in your case, what is requested in terms of your deposit.

Also, must provide proof of having completed the offer of payment, if necessary, and in any case the announcement of the consignment to the creditor and other stakeholders in the obligation.

The request is to be made the availability of the proper thing, notwithstanding that later can be designated as depositary to own promoter.

2. If the request does not meet the necessary requirements, the court clerk will issue a decree declaring as well and send return to the promoter as recorded.

Otherwise, supported the request by the court clerk, this notify interested parties the existence of the appropriation, to the effects that within ten days to withdraw the proper thing or make allegations deemed appropriate. It shall also take measures regarding the deposit of the appropriate thing.

3 when comparecidos interested parties withdraw the proper thing expressly accepting the appropriation, the clerk will issue decree taking it as accepted, with legal effects from sending to settle the obligation, and in your case, the warranty, if so the promoter requests it.

4. If after the deadline not proceeded to withdraw the proper thing, not made any allegation or reject the appropriation, will be transfer to the promoter that urge, within the period of five days, returning the consigned or the maintenance of the consignment.

Where the promoter requests the return of the recorded, it will be transfer of request to creditor for five days, and if authorize him to remove it, the Clerk shall issue Decree according the file record and the creditor will lose any preference that is over the thing and the copromotores and sureties shall be free. If the thing was removed by the sole will of the promoter, record file no longer subsisting obligation.

When promoter urge the maintenance of the consignment, the court clerk will be mentioned to the promoter, to the creditor and to those who might be interested at a hearing to be held before the judge, which shall be heard and those tests which have been proposed and agreed practice.

5. the judge, taking into account the justification offered, the obligation and the concurrence in the appropriation of the requirements that apply, will be addressed by stating or not it be done properly.

If the resolution is by well-made appropriation, this will produce the legal effects from, consigned thing be delivered to the creditor and send cancel the obligation if the developer so requests. Otherwise, the obligation will survive and will be returned to the promoter as recorded.

6. the expenses caused by the appropriation will be account of the creditor if it was accepted or be declared to be well done. Those expenses will be the promoter account if it was declared inadmissible or withdraw the definition given thing.

Title VI of the voluntary jurisdiction records relating to real rights chapter I of the judicial authorization to the usufructuary to claim overdue loans forming part of the usufruct article 100. Scope of application.

The provisions of this chapter shall apply in cases in which the usufructuary intends to reclaim and collect on overdue loans that are part of the usufruct, when dispensed to bail or had not been able to incorporate it, or the formed is not sufficient and does not have the authorization from the owner to do so, as well as to interest the capital obtained with such a claim without the agreement of the owner.

Article 101. Competition and nomination.

1 it shall be competent to hear these records, whose processing shall be subject to the common rules of this Act, the Court of first instance of the last place of residence, or in absence thereof, of the last residence of the applicant.

2. for acting on these records will not be mandatory intervention of lawyer or attorney.

Article 102. Request.

The record will begin repairs of the usufructuary, which will accompany the documents or means of proof evidencing their right, the existence of overdue credit is intended to claim or, where appropriate, the amount charged to carry out the same and that it intends to put to interest and the authorization of the owner. In the course of that request authorization to interest capital retrieved after charging up credit, you must offer sufficient guarantees to preserve its integrity.

Article 103. Processing and resolution.

1 admitted to proceedings by the court clerk the application, will be called the appearance of the promoter, the owner and those who might be interested in the collection of the credit, which will be heard by this order. Afterwards, will practice those tests which have been proposed and agreed.

2. the judge, taking into account the offered justification and appreciating the convenience of the payment of the credit which is part of the usufruct or the retrieved capital investment, will solve by granting or denying the requested authorization.

If the authorization to collect overdue credit that is part of the usufruct, shall settle the obligation of the usufructuary to inform periodically, within given deadlines, the Court made arrangements, as well as the final result.

But if the authorization is to interest the capital obtained by the payment of that credit, the resolution must contain guarantees to establish by the usufructuary to preserve the integrity of the capital.

Chapter II of the settling of estates not registered article 104 record. Scope of application.

The provisions of this chapter shall apply when it intends to obtain the demarcation of farms that were not registered in the land registry. For registered farms, shall apply the provisions of the mortgage legislation.

Either they will be of application to property whose ownership corresponds to public authorities, whose precinct shall be in accordance with the specific legislation.

Article 105. Competence, legitimacy and application.

1 shall be competent for the knowledge of this dossier the clerk of the Court of first instance corresponding to the place where it was situated the farm or the greater part of it.


2 will kick off the record at the request of the owner of the estate or, if several, any of them, or of the holder of any right of use and enjoyment in it.

3. in processing the present case the intervention of counsel is mandatory if the value of the estate is more than 6,000 euros.

Article 106. Application and processing.

1. the file will start in writing which shall set forth the circumstances of the estate which is intended to establish as the adjacent, as well as the identification data of the holders of a and others, including the cadastre, with his home if it were known by the applicant. If the requested settling not referred to the entire perimeter of the farm, be determined the part has collapsed. With regard to them farms adjoining that appear registered in the register of the property, must provide is equally certification registry.

The demarcation applicant must submit, in any case, descriptive and graphic cadastral certification of the property object of the demarcation and the adjacent, as well as documents or receipts that serve as a basis for their claim. In addition, where promoter expresses the cadastral plot does not match the requested demarcation, it should provide geo-referenced from the same graphical representation. In any case, the alternative graphical representation be respected the rest of the delimitation of the affected farms resulting from the cadastral maps in the non-affected by the demarcation. This graphic representation must be correctly georeferenced and signed by a qualified technician, allowing its incorporation to the land registry once practiced the demarcation.

2. the clerk of the Court, the start of the record supported the request, inform all stakeholders, who, within the period of fifteen days, will make the allegations and present evidence that they deem from. After the deadline, the court clerk will transfer these interested parties of all the documentation provided and will quote them to the Act of settling to be held within the period of thirty days to seek compromise among them.

Not be suspended the practice of the demarcation by the lack of assistance from any of the adjoining owners, leaving safe their right to sue, in declarative judgment that applicable, possession or ownership of which believed stripped under the demarcation. In the same way, if prior to the hearing, the owner of any of the adjoining farms oppose the demarcation, it filed record in relation to the part of the adjoining of the opponent estate, reserving to Parties their right so they exercise in the declarative judgement that appropriate, and will continue with the rest.

Article 107. Resolution.

1 of achieving agreement between all stakeholders or part of them, the Clerk shall be recorded in a record everything agreed and the ceremony ended with compromise total or partial connection of one or several of the edges, as well as the terms of the same, and must be signed by the witnesses. If it could not get any agreement, shall be recorded that the event ended without compromise.

2 complete the Act, the court clerk will issue decree stating the compromise, which was partial with respect to one or several of the edges, or held without compromise, remembering the definitive shelving of the performances. The Act will be incorporated to the decree and, in any case, the cadastral certification descriptive and graphic and, in the event of disagreement with this, provided alternative graphical representation.

3. the Clerk shall witness the Act and the decree to the cadastre to the effects that can be made, where appropriate, the cadastral changes that correspond, according to its rules governing.

Title VII of article 108 voluntary auction records. Scope of application.

The provisions of this title shall apply provided that it should be, outside of an enforcement procedure, on the sale at auction of goods or certain rights, at the request of the person concerned.

Article 109. Competition and nomination.

1. jurisdiction the Court of first instance that corresponds to the address of the holder, and if they were several holders, corresponding to any of them. In the case of immovable property shall have jurisdiction of the place where they are.

2. for acting on this record will not be mandatory intervention of Attorney and paralegal.

Article 110. Request.

1 will be necessary application for the initiation of the record, with the identification and status of the property or right, which shall be accompanied by the following documents: to) that allow to accredit the legal capacity to contract of the applicant.

(b) those proving their power of provision on right of the auction or the object. In the case of goods or registrable rights, registry certification domain and loads must be accompanied.

(c) the statement of conditions pursuant to which has held auction and where the valuation of the assets or rights to be auctioned will be collected.

2. in case of exist tenants u occupants of the property of whose alienation is concerned, the applicant must identify them in your request initial, proceeding is in such case, in the form prescribed in the article 661 of it law of prosecution Civil.

3. in the application you can ask the court clerk that agreed the sale of the property or right by person or entity specialized. Estimate is from, the clerk agreed such a sale subject to the provisions in to article 641 of the Civil procedure law insofar as it is compatible with the provisions of this title.

Article 111. Processing.

1. the clerk of the Court, before resolving on the request, shall consult the bankruptcy public record for the purposes provided for in special legislation.

2. in the light of the documentation, will be addressed as appropriate on the conclusion of the auction.

If agreed their origin, the court clerk will put in knowledge of the bankruptcy public record the existence of the record with express specification of the tax identification number of the owner or legal person whose good will be object of the auction. The bankruptcy public record shall notify the Court that is dating record the practice of any seat that carry out associated with the fiscal identification number notified to the purposes specified in the insolvency law.

The court clerk will knowledge of the bankruptcy public record the completion of the record when it occurs.

3 agreed their celebration, case of the auction of real estate or real right entered in the land registry or movable property subject to a regime similar to those publicity, the court clerk will request electronic procedures registration certification domain and loads. The Registrar of property shall issue certification information continued through equal and shall be recorded by a note aside from the good or right this circumstance. This note will have the effect of indicating the location of sale at auction of the property or right and will expire six months from its date unless previously the clerk notifies the Registrar the closing of the record or their suspension, in which case the period will be calculated since the clerk notified its resumption.

The Registrar shall, immediately and form telematics, the clerk and the Portal of auctions of the Agency State official Gazette the fact of submitting one or more other titles that affect or modify the initial information.

The auction portal will collect the information provided by the registry of immediate mode for transfer to them to consult its contents.

4. the auction will take place, in any case, electronically in the Portal of auctions of State Bulletin official of the State Agency, under the responsibility of the clerk of the Court, so it will apply the provisions of the law on Civil procedure in this regard, insofar as they are compatible with the provisions of this title.

5 advertising and the conclusion of the auction shall comply with provisions of the law on Civil procedure in all what is not provided in the terms and conditions. The specification will be expressed in the edicts.

6 when the auction, the court clerk, by Decree, will approve the auction in favour of the unique or best bidder, provided that it covers the minimum rate that had set the applicant or any not expressly reserved the right to approve, in which case you will be given sight of record so that at the end of three days ask for what interests you. Equal communication will give you in the case that the offer to accept the finish modifying some of the conditions is made by any bidder.

If the applicant approves the auction or accepts the proposal, it will be addressed taking by approved the auction on behalf of the tenderer thereof.

7. when there is no any bidder in the auction or the applicant had not accepted the proposition, the record will dismiss.


8. the Decree of adjudication shall contain the description of the property or right, the identification of those involved, expression of the awarding conditions and other requirements, if any, for the registration. A testimony of this resolution, that is delivered to the awarded, will be title enough for the practice of them inscriptions registry that, in his case, correspond.

Title VIII of the records of voluntary jurisdiction in commercial matters chapter I to display books of people forced to take accounting article 112. Scope of application.

Display of books, documents and supports the person forced to take them, in cases where appropriate in accordance with the law and to the extent that these determined, accounting may be requested through this file, provided that there is no special rule applicable to the case.

Article 113. Competition and nomination.

1. the competition will be the commercial court of the domicile of the person obliged to display, or the establishment whose records refer books and documents whose display is concerned.

2. in the processing of these records will be mandatory intervention of Attorney and paralegal.

Article 114. Processing.

1. the request shall be dealt with in accordance with the common rules regulated by this law, and must include the right or legitimate interest of the applicant and specifying the seats that need to be examined or the content as accurately as possible, as well as the object and purpose of the request.

Supported the request by the court clerk, this will be mentioned at a hearing before the judge who shall intervene in the record. Judge shall rule on the request accordingly in the own appearance, documenting subsequently by the clerk of the Court, or within five days of its completion by order.

2. If it considers the request, will be ordered to wear clear books and documents that appropriate consideration, specifying the scope of the exhibition, requiring to do so to the person liable and indicating date and time to display. If he is requested by the required any particular schedule in order not to disrupt their activities, the judge will agree that appropriate, heard the interested parties. So motivated, and exceptionally, judge claim that books or your computer support, are submitted in court whenever you specify the seats that need to be examined.

Article 115. Form to display.

1. the person obliged to display has duty to collaborate and facilitate access to required documentation so that the applicant can proceed to its consideration.

2. the display will take place before the clerk domicile or establishment of the party responsible for carrying books, or by their contribution computer if so I would have agreed, and the applicant may examine the books, documents, or brackets specified by itself or with the collaboration of experts designated in its application and which has been authorised by the judge , to rise by the clerk of the court minutes of the proceedings.

Article 116. Periodic penalty payments.

1. If the person obliged to display refused unjustifiably, it would obstruct or break the duty to collaborate and facilitate access to the requested documentation, it will be required by the clerk of the Court, at the request of the applicant, so do so and to refrain repeat violation, with penalty of the imposition of fine and incur a crime of disobedience to the judicial authority.

2. If non-compliance persists, the clerk of the Court, after hearing the was needed, to ensure compliance with the order, may impose by Decree and respecting the principle of proportionality, coercive fines of up to 300 euros per day, which will be credited to the public Treasury.

To determine the amount of the fine, the Court Clerk shall take into account the circumstances of the fact in question, as well as the damages that other interested parties have been able to cause.

Chapter II of the General article 117 boards call. Scope of application.

The file referred to in this chapter shall apply in all cases where laws permit request the convocation of a general meeting, either ordinary or extraordinary.

Article 118. Competence, legitimacy and application.

1. the commercial court of the registered office of the entity to which reference is made shall be competent.

2 request for proposals whoever is entitled to do so by the relevant laws.

3. for acting on this record is mandatory intervention of Attorney and paralegal.

Article 119. Processing.

1. the file will begin by letter requesting the convocation of the meeting, in which shall be recorded the concurrence of the requirements legally required in each case, accompanying statutes, documents justifying the legitimacy and compliance with these requirements.

2 If the Board were ordinary, the request must be based on that it has not met within legally established deadlines. If the requested Board were extraordinary, expressed the reasons for the request and the order of the day being requested.

3. also may request in writing is to appoint a Chairman and Secretary to the Board other than that they appropriate bylaws.

4 accepted the request, the clerk designated day and time for the hearing, to which it will be mentioned to the Board of Directors.

5. If you accediere as requested, shall convene the shareholders within the period of one month since he had been made the request, indicating place, date and time for the celebration, as well as the order of the day, and shall appoint the Chairman and Secretary of the same. The established place shall be that laid down in the statutes, and if not it must be within the municipal area where is located the home of society.

If it requests at the same time an ordinary and extraordinary meeting may agree that they held together.

The decree whereby the call agreed the general meeting not be brought against any.

6. once obtained the acceptance of who has been appointed to preside over it, the resolution calling on the Board must be notified to the applicant and to the administrator.

In case of non acceptance of the designated person, the clerk of the Court shall appoint another serving.

Chapter III of the appointment and revocation of liquidator, auditor or auditor of a company article 120. Scope of application.

In all those cases in which the law provides for the possibility of the clerk of the Court to request the appointment of liquidator, auditor or auditor, you will continue to the file referred to in this chapter.

For the revocation or termination of the appointments, when necessary, that is done by the court clerk, follow the same record.

Article 121. Competence, legitimacy and application.

1. competition for the appointment of liquidator, auditor and Comptroller will correspond to the commercial court of the registered office of the entity to which reference is made.

2 you can request the appointment of liquidator, auditor or auditor who is entitled to do so by corresponding laws.

3. in the processing of these records will be mandatory intervention of Attorney and paralegal.

Article 122. Processing.

1. the file will begin by writing that the appointment of liquidator, auditor and Comptroller will be requested and shall be recorded the concurrence of the requirements legally required in each case, accompanying documents that support the application.

2 considered the application and the documentation provided, the clerk of the Court will convene a hearing, citing stakeholders which, by law, have to intervene in the case. Administrators who have not promoted the dossier will be cited to this Court and it will be transfer of the letter of request.

Article 123. Resolution and acceptance of the cargo.

1. the clerk will solve the dossier by means of Decree, which dictate in within five days from the completion of the hearing.

2. the decision shall be notified to those named for the acceptance of the cargo. Accepted the appointment, it will also provide the corresponding accreditation.

3. the testimony of the resolution shall be sent to the register that corresponds to your registration.

Chapter IV of the reduction of share capital and depreciation or disposal of investments or actions article 124. Scope, jurisdiction and application.

1. in all cases in which the law provides for the possibility ask the court clerk the reduction of share capital or depreciation or disposal of shares or shares in a company, follow the general file referred to in this law.

2. the competition will be the commercial court of the registered office of the entity to which reference is made.

3. in the processing of these records will be mandatory intervention of Attorney and paralegal.

Chapter V the judicial dissolution of companies article 125. Scope of application.

The record regulated in this chapter to the judicial dissolution of a society where appropriate in accordance with the law will be applied.

Article 126. Competence, legitimacy and application.


1 competition to proceed with the judicial dissolution of a society shall be to the Court of his domicile mercantile.

2 they are entitled to call the judicial dissolution of the company managers, partners and anyone interested.

3. in the processing of these records will be mandatory intervention of Attorney and paralegal.

Article 127. Processing.

1. the file will start by writing in which shall be recorded the concurrence of the requirements legally required to proceed with the judicial dissolution of the society, accompanying documents that support the application.

When the application is filed by an entitled subject other than administrators, must demonstrate that it has proceeded to notify the society request for dissolution.

2. the clerk will transfer from the writing administrators, if they had not promoted the record, and shall convene a hearing, citing these and other interested parties that, in accordance with the law, have to intervene in the case.

Article 128. Resolution.

1. the judge will resolve the record through self within five days from the completion of the hearing.

2. in the event that the judge will declare the dissolved society, the car will include the designation of persons who are to perform the office of liquidators, and a testimony of the same will be forwarded to the Mercantile Register corresponding to your registration.

Chapter VI of the call of the general Assembly of bondholders article 129. Scope of application.

The file referred to in this chapter shall apply in all cases in which laws to request the convening of a general meeting of bondholders.

Article 130. Competence, legitimacy and application.

1 will be competent the Court commercial of the registered office of the issuer's obligations.

2 request for proposals whoever is entitled to do so in accordance with the legal system.

3. for acting on this record is mandatory intervention of Attorney and paralegal.

Article 131. Processing.

1. the file will begin by letter requesting the convocation of the Assembly, in which shall be recorded the concurrence of the requirements legally required in each case, accompanying the bylaws and, where appropriate, the rules of the Trade Union, the documents justifying the legitimacy and compliance with these requirements.

Accepted the request, the clerk designated day and time for the hearing, which will be mentioned to the Commissioner-designate in writing of emission and the promoters of the Assembly.

2. held the hearing, will issue Decree in which, if necessary, convene the general Assembly of bondholders for the Constitution of the Union of debenture holders, and may appoint a new Commissioner to replace which had not fulfilled their obligation to convene the Assembly.

Against the decree by which is agreed the call of the Assembly general not fit resource one.

3. the Clerk shall convene the Assembly within a month since he had been made the request, indicating place, date and time for the celebration, as well as the order of the day, in accordance with the rules of the Trade Union and the contents of the application.

Chapter VII of robbery, theft, loss or destruction of title value or representation of parts of partner article 132. Scope of application.

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

Article 133. Competence, legitimacy and application.

1 will be competent the Court of the place of payment mercantile case of a debt, the place of deposit in the case of deposit securities, or of the place of domicile of the issuer when the titles were securities, as appropriate.

2 they will be eligible to start the case regulated in this chapter the legitimate holders of the titles that have been dispossessed of them, as well as those who have suffered loss or destruction.

3. for acting on this record is mandatory intervention of Attorney and paralegal.

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

1 can the legitimate according to the preceding article, if its value is admitted to trading on any stock exchange or other secondary official market, go to the governing society of the official secondary market corresponding to the domicile of the issuer to report the theft, theft, destruction or loss of the title.

2. the governing society of the corresponding official secondary market shall inform the remaining governing societies, which will be published on the Bulletin Board to prevent the transmission of the title or titles affected. Similarly, the complaint will be published in the «Official Gazette», and if requests it the complainant, in a newspaper of wide circulation to your choice.

3. the complainant should apply for initiating the case regulated in this chapter within a maximum period of nine days from the formalization of the complaint.

4. If not will notify the society Chancellor of the official secondary market the initiation of the record, it will lift the ban of values, shall inform the societies governing the remaining bags of official markets and public will through its fixation on the Bulletin Board.

Article 135. Processing.

1. the file will start by writing in which the interested party will justify its legitimacy to promote it. If the dispossession of the value has been reported to the governing society of the corresponding official secondary market, it must be noted, expressing the date of the filing of the complaint.

2 Incoado record, the clerk of the Court it shall notify the issuer of the securities, and if it were a title admitted to negotiation, to the society Chancellor of the official secondary market corresponding to the purposes specified in the preceding article.

3. the clerk remember ad initiation record in the «Official Gazette» and in a newspaper of wide circulation in his province and have the citation of who might be interested in the record.

4 held the hearing, the Clerk shall issue a decree which shall take a decision on the ban on trading or transmit values, the suspension of the payment of the principal, interest or dividends, or of the deposit of the goods, as appropriate in view of the title of it is and, where appropriate, will ratify the ban on negotiating agreed by the governing society of the corresponding official secondary market.

5. without prejudice to the provisions of the preceding paragraph, when it was a title of tradition, not proceed the deposit of the goods if they were impossible, difficult or very expensive conservation or run the risk of suffering serious deterioration or significantly lower value. In that case, the court clerk will urge the carrier or to the depositary, after hearing the holder of the title, who deliver the goods to the applicant if this had paid bail enough for the value of the deposited goods, more eventual compensation for damages to the holder of the title if it is subsequently proved that the applicant was not entitled to delivery.

6. at the request of the applicant, the court clerk may appoint an administrator for the exercise of the attendance and voting rights to General and special meetings of shareholders pertaining to titles that were securities, as well as to the challenge of social arrangements. The remuneration of the appointed will be borne by the applicant.

7 elapsed within six months unless it has been controversy, the Court Clerk shall authorize that promoted the record receivables yields that produces the title, communicating, to request, to the issuer so you can proceed with your payment.

The clerk may, if it deems it appropriate, require the recipient of yields a bond ensuring, where appropriate, the return of the same.

8. once the period of one year without opposition, the clerk will order the issuer the issue of new certificates to be delivered to the applicant.

9. in no case shall be the cancellation of the title or titles, if the current fork making opposition had acquired them in good faith in accordance with the law of circulation of the title.

In the event that the cancellation of the title or titles weren't coming, who would have been legitimate holder at the time of the loss of possession will have civil or criminal actions that apply against a person who had acquired possession of the document in bad faith.

Chapter VIII of the appointment of an expert in contracts of insurance article 136. Scope of application.

Regulated in this chapter record will be applied when in the contract of insurance, in accordance with its specific legislation, there is no agreement among the experts appointed by the insurer and the insured to determine damage and those are not compliant with the appointment of a third party.

Article 137. Competence, legitimacy and application.


1 shall be competent to the knowledge of this dossier the place of domicile of the insured mercantile Court.

2 you can promote this record either of the parties of the contract of insurance, or both together.

3. in processing this case the intervention of Attorney and paralegal is not mandatory.

Article 138. Processing.

1. will start the case brief submitted by any of those interested in which shall be recorded the fact of the discord of the experts appointed by stakeholders to assess damage, and requesting the appointment of a third expert. To the writing will accompany the insurance policy and the opinions of the experts.

2. admitted to process the request, it will be convened to a hearing, in which the clerk will urge stakeholders that they reach agreement on the appointment of another arbitrator and, if there is no agreement, shall do so in accordance with the rules of the Civil procedure law.

3 verified appointment, will be know to the designated so manifest if it accepts or not the charge, so that you can perform alleging just cause.

4 accepted the charge, is will give you the subsequent appointment, and must issue the opinion within the period of thirty days, which will be incorporated into the record, giving ended the same.

Title IX of the conciliation article 139. Origin of the conciliation.

1. you may try conciliation pursuant to the provisions of this title to reach an agreement in order to avoid a lawsuit.

The use of this record for purposes other than provided for in the preceding paragraph and that it involves a manifest abuse of law or involves fraud law or procedure will result in the plane of the request as inadmissible.

2. may not be used to process requests for conciliation made in relation to: 1 the judgments that are interested minors and persons with ability modified legally for free administration of their property.

2. the judgments in which the State, the autonomous communities and other public administrations, corporations or similar institutions interested.

3 the process of claim of liability against judges and magistrates.

4th in general, which are promoted on matters not subject to transaction or commitment.

Article 140. Competition.

1 it shall be competent to deal with acts of conciliation the Justice of the peace or the clerk of the Court of first instance or the commercial court, in the case of matters within its competence, of the address of the required. If you did not have it in national territory, of his last residence in Spain. However, if the amount of the request was less than 6,000 euros and not were issues attributed to the courts of commercial competition will be, in your case the justices of the peace.

If the required is a legal person, shall also have jurisdiction at the place of domicile of the applicant, provided that this place has the required delegation, branch, establishment or office open to the public or authorized representative to act on behalf of the entity, and must prove such circumstances.

If after carrying out the relevant inquiries to the domicile or residence, they were unsuccessful or the required conciliation was located in another judicial district, the court clerk will issue decree or the Justice of the peace auto terminating the record, stating that circumstance and reserving the right to again promote the file to the competent court to the applicant of the conciliation.

2. If they arise questions of jurisdiction of the Court or disqualification of the clerk of the Court or justice of the peace before whom the Act of conciliation takes place, it shall be tried by the Court without further formalities.

Article 141. Request.

1 who tries to conciliation will present before the competent authority request in writing which shall be entered the data and circumstances of identification of the applicant and the requested or required conciliation, the address or addresses that can be cited, the subject of conciliation which is intended to and date, determining with clarity and precision which is the object of compromise.

The applicant may also make your request for conciliation by filling in a few standard forms which, for this purpose, will be available on the corresponding organ.

2. may accompany is to the request those documents that the applicant considers appropriate.

3 records of conciliation will not be mandatory intervention of a lawyer or attorney.

Article 142. Admission, pointing and citation.

1. the clerk of the Court or justice of the peace, in the five working days following the day on which the application is submitted shall adopt resolution on admission and will be mentioned to those interested, pointing out the day and time that has taken place the Act of conciliation.

2. between the citation and the Act of conciliation must mediate at least five days. In any case you can take the event of conciliation over ten days since the admission of the request.

Article 143. Effects of admission.

The presentation with subsequent admission of the request for conciliation will interrupt prescription, both purchasing and extinctive, in the terms and with the effects laid down in law, from the moment of their submission.

The deadline for the prescription will return to compute from the justifiably Decree of the court clerk or the judge of peace auto ending record.

Article 144. Appearance to the Act of conciliation.

1. the Parties shall appear by themselves or through a solicitor, being application rules on representation contained in title I of book I of the Civil procedure law.

2. If not appearance the applicant nor complaint just cause to not attend, shall you be withdrawn and filed record. The required may apply to the applicant the compensation of damages that his appearance has caused you, if the applicant does not defaulting to appear was due to just cause. Claim will be transfer by five days the applicant, and will resolve the court clerk or the Justice of the peace, without further recourse, setting-up, in your case, the compensation that corresponds.

3. If the required conciliation not appearance or complaint just cause to not attend, will be end to act, having the conciliation by tried for all legal purposes. If, as several required, only concurriese any of them, will be held on the Act and shall be attempted conciliation regarding the remaining.

4. If the court clerk or the Justice of the peace, in his case, deemed credited the just cause alleged by the applicant or required to not attend, be designated new day and time for the event of conciliation within the five days following the decision to suspend the Act.

Article 145. Conclusion of the Conciliation Act.

1. in the event of conciliation the applicant, stating the fundamentals that support it; will expose your claim answer the required that creates suitable and may actors display or provide any document that fused their allegations. If there is no compromise between the interested parties, the clerk or the Justice of the peace shall endeavour to avenir them, allowing them to replicate and contrarreplicar, if they wished, and it may facilitate the agreement.

2. If he is alleged an issue that could prevent the valid continuation of the Act of conciliation will be terminated the Act and shall be attempted conciliation without further formalities.

3 if there is conformity between those interested in all or part of the subject of the conciliation, shall be recorded in detail in a report all agree and act ended with compromise as well as the terms of the same, and must be signed by the witnesses. If it could not get any agreement, shall be recorded that the event ended without compromise.

4. the development of the appearance will be registered, if possible, in support for the recording and reproduction of sound and image, in accordance with the provisions of the Civil procedure law. Complete the Act, the court clerk will issue decree or the Justice of the peace dictate car stating the compromise or, where appropriate, which tried without effect or held without compromise, remembering the definitive shelving of the performances.

Article 146. Testimony and expenses.

The parties may request the testimony of the minutes which put an end to the Act of conciliation.

That or she causes the Act of conciliation will be account which has promoted it.

Article 147. Execution.

1. for the purposes referred to in article 517.2.9. of the Civil procedure law, the testimony of the act together with the Decree the court clerk or the order of the Justice of the peace by indicating the Act of conciliation, compromise of the parties will be associated with carrying.

For other purposes, agreed will have the value and effectiveness of a Convention contained in document public and solemn.

2 shall be competent to execute the same court that transacted conciliation in the case of matters within the competence of the Court itself. In all other cases shall be competent for the execution of the Court of first instance who has corresponded to meet demand.


3. the implementation will take place in accordance with the provisions of the law on Civil procedure for the execution of judgments and Court approved agreements.

Article 148. Action for annulment.

1. against what was agreed in the Act of conciliation only nullification may exercise will cause invalidating contracts.

2. demand exercising such action shall be filed within fifteen days since conciliation before the competent court and shall be dealt with by the procedures of the trial that corresponds to your stuff or amount.

3 accredited exercise of nullification, will be suspended the implementation of what was agreed in the Conciliation Act until it is definitively resolved on exercised stock.

First additional provision. References contained in the legislation.

1. the references that laws dating back to the present to the powers of the judge in relation to the matters of voluntary jurisdiction, be construed as references to the judge or the clerk of the Court pursuant to the provisions of paragraph 3 of article 2 of this law.

Also, references appearing on prior to this law rules relating to the law of Civil procedure on matters of voluntary jurisdiction, be construed as references to the present law.

2. the references listed in regulations prior to this law to separation or divorce court construed as references to legal divorce or separation. Similarly to the existing references to «separation by mutual agreement stating irrefutably» be understood Attorney separation.

3. the references in this Act to the Civil Code or the civil law should be understood made also to Governments or special civil law there where they exist.

Second additional provision. Legal regime applicable to the placement of children.

1 record for the Constitution of the placement of minors shall be governed by the common provisions laid down in this law, with the following specialties: to) when judgment is required, will be promoted by the public prosecutor or by the corresponding public entity, and must contain the proposal presented by the mentions established by civil law.

The judge shall obtain the consent of the public, if not the promoter of record, people receiving the child; and, if it is older than 12, as well as of the parents that are not deprived of parental authority or suspended in your exercise or, where appropriate, of the guardian.

Parents may not claim on the record if there was or not cause distress or if any, has mediated after rehabilitation.

Obtained the consents and conducted hearings with due reservation, dictate the resolution that is appropriate in the interests of the child within the period of five days.

(b) when you could not know is residence or whereabouts of the parents or guardians, exhausted the means provided for by paragraph 1 of article 156 of the Civil procedure law, or if personally cited do not appear, it is prescindirá of the proceedings and the judge shall decide on the placement.

c) If parents inform the Court that while knowing corresponding record that seek to challenge the Declaration of helplessness through the formulation of demand, or promote the procedure for the purpose of rehabilitation, the court clerk, with suspension of the record, will designate within twenty days for the submission of the demand. The demand is filed, the Court may stay record until justifiably resolution in that proceeding. It should not arise the demand within the time limit, by the clerk of court will continue with the processing of the record.

2. the record of the foster-care Court agreed ceasefire will start ex officio or at the request of the minor, his legal representative, of the public entity, the public prosecutor or persons having it accepted.

After hearing the public entity, the minor, his legal representative and having it accepted, and following a report of the public prosecutor, the judge will resolve what it considers coming within five days.

3. the case for action on many issues arise regarding minors in regime of fostering relations with their parents, grandparents and other relatives and friends will be processed before the Court of first instance of the headquarters of the public entity that has entrusted the protection of minors. However, if the placement had been established by judicial decision, shall be competent to hear the record the Court of first instance that had agreed to it.

They are entitled to promote this record the minor, both parents, individually or jointly, their grandparents and other relatives and friends.

If the judge estimated from measures, the resolution will establish the regime of stay, relationship and communication of the child and the applicant or applicants, as well as other measures that relate to relationships and are coming in the case.

4. this regime shall apply until the entry into force of the modification of the system of protection laws to childhood and adolescence.

Third additional provision. Public registration for foreign public documents.

1 a foreign public document not issued by a judicial body is title to register the fact or act that gives faith provided that it meets the following requirements: to) that the document has been granted by the competent foreign authority in accordance with the laws of your state.

(b) that the authority foreign has intervened in the preparation of the document developing functions equivalent to which play them authorities Spanish in the matter of that is try and dispense them themselves or more next effects in the country of origin.

(c) that the fact or act contained in the document is valid according to the law designated by the Spanish rules of private international law.

(d) that the registration of the foreign document not be manifestly incompatible with the Spanish public order.

2. the legal regime referred to in this article for decisions rendered by foreign non-judicial authorities shall apply to decisions handed down by foreign courts in matters whose competence corresponds, according to this law, to the knowledge of Spanish non-judicial authorities.

Fourth additional provision. Notarial and registration fees.

The Government will approve within the period of three months counted from publication in the «Official Gazette» tariffs for notaries and registrars of property and commercial intervention with regard to Affairs, records, deeds, records, facts and acts which can be registered for those who are competent in accordance with this law.

In any case, the tariff in the records of notary appointment of experts provided for in the rules of the insurance contract shall be levied without attention to the amount of peritado business.

Fifth additional provision. Amendments and regulatory developments.

The Government will conduct amendments and regulatory developments that are necessary for the implementation of this law.

Sixth additional provision. Not increasing spending.

The measures included in this standard may not assume increase allocations, remuneration, or other staff costs.

First transitional provision. Records in the pipeline.

Records affected by this law were pending at the time of its entry into force will continue to be processed under the previous legislation.

Available to transient second. Inheritances intestate in favour of public administration.

1. declarations of Crown intestate in favor of the Administration in processing the entry into force of this law will continue to be processed, until its resolution, in accordance with the previous legislation, by the judicial bodies which were knowing of them.

2. the distribution of relict flow in in favor of the General Administration of the State intestate inheritance will take place in accordance with the previous legislation when the entry into force of this Act are published in the «Official Gazette» the corresponding call.

Third transitional provision. Voluntary auction records.

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

Fourth transitional provision. Records of adoption and marriage.

1 adoptions starting until the entry into force of the law on modification of the system of protection to children and adolescents, will be governed by the provisions of the code of Civil Procedure Act approved by Royal Decree on February 3, 1881.

2 marriage records that begin before June 30, 2017 will continue to be processed by the head of the Civil Registry in accordance with the provisions of the Civil Code and the Civil Registration Act of June 8, 1957.

Resolved favorably marriage record by the head of the Civil Registry, marriage is shall be entered, at the choice of the parties, to: 1 the judge in charge of the Registro Civil and justices of the peace by one delegation.

2nd. the Mayor of the municipality where they celebrate marriage or Councillor this delegated.


3rd the court clerk or notary freely chosen by both Contracting Parties which is competent in the place of celebration.

4th the diplomatic or consular officer responsible for the Civil registration abroad.

The provision of consent shall be as provided in the Civil Code and the Civil Registration Act of June 8, 1957, with the specifications provided for in this provision.

Marriage celebrated before the Civil Registry officer, Justice of the peace, Mayor or Councillor this delegated or the clerk of the Court shall be recorded in the minutes; which is concluded before notary will consist in writing public. In both cases must be signed, in addition to that before that takes place, the intending spouses and two witnesses.

Extended the Act or authorized the public deed, will be delivered to each of the Contracting Parties supporting copy of the celebration of the marriage and shall be sent by the authorizer, on the same day and by electronic means, testimony or authorized electronic copy of the document to the Registrar for registration, previous qualification of the Manager of the Civil Registry.

Fifth transitional provision. Marriages celebrated by Evangelical, Jewish and Islamic religious denominations and which have been recognized by notorious roots in Spain.

1. pending the entry into force of the provision final fifth of this law, to Evangelical religious marriage shall apply the provisions of article 7 of the law 24/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of Evangelical religious entities of Spain, except for paragraph 5, which will be drafted in the following way : «5. once celebrated marriage, worship officiant Minister extend expressive certification of the celebration of the same, with the requirements for registration and the mentions of identity of witnesses and the circumstances of the previous record which shall necessarily include the name and surname of the Manager of the Civil Registry or diplomatic or consular official that had extended it. This certification shall be sent by electronic means, in the form that statutorily is determined, together with the certification of accrediting the status of Minister of worship, within the five days to the Manager of the competent Civil Registry for registration. Also extend in two copies of the resolution expressive diligence of the celebration of the marriage by giving one to the Contracting Parties and shall keep the other as the Act of celebration in the file of the officiant or the religious entity that it represents as Minister of worship.»

2. until the entry into force of the sixth final provision of this Act, to marry religious Jew shall apply the provisions of article 7 of law 25/1992, of November 10, which approves the agreement of cooperation of State with the Federation of communities Israelites of Spain, except for paragraph 5 of article 7 , which is worded as follows: ' 5. once celebrated marriage, worship officiant Minister extend expressive certification of the celebration of the same, with the requirements for registration and the mentions of identity of witnesses and the circumstances of the record which shall necessarily include the name and surname of the Manager of the Civil Registry or diplomatic or consular official that had extended it.» This certification shall be sent by electronic means, in the form that statutorily is determined, together with the certification of accrediting the status of Minister of worship, within the five days to the Manager of the competent Civil Registry for registration. «Extend equally on the two copies of the previous resolution of matrimonial capacity diligence expressive of the celebration of the marriage by giving one to the Contracting Parties and shall keep the other as the Act of celebration in the file of the officiant or the religious entity that represents as Minister of worship.»

3. until the entry into force of the seventh final provision of this Act, to Islamic religious marriage shall apply the provisions of article 7 of law 26/1992, of November 10, which approves the agreement of cooperation of the State with the Islamic Commission of Spain, except for paragraph 3 of article 7, which is drawn up as follows : «3. once celebrated marriage, the representative of the Islamic community that had shrunk that extend expressive certification of the celebration of the same, with the requirements for registration and mentions the circumstances of record which shall necessarily include the name and surname of the Manager of the Civil Registry or diplomatic or consular official that had extended it. This certification shall be sent by electronic means, in the form that statutorily is determined, together with the supporting certification of the capacity of the representative of the Islamic community to celebrate marriages, in accordance with the provisions of paragraph 1 of article 3, within the five days to the Manager of the competent Civil Registry for registration. «Extend equally on the two copies of the previous resolution of matrimonial capacity diligence expressive of the celebration of the marriage, giving one to the Contracting Parties and shall keep the other as the Act of celebration in the file of the community.»

4. pending the entry into force of article 58 bis of law 20/2011, July 22, the Civil Registry, the celebration of marriage in the religious as provided by churches, denominations, religious communities or federations of the same as registered in the registry of religious entities, have obtained the recognition of notorious roots in Spain, will require prior marital capacity resolution. After this procedure, responsible for the Civil Registry or diplomatic or consular officer who has spoken issued two copies of the resolution which will include, in any case, supporting certification of judgment of the double capacity of the intending spouses, that they shall deliver to the Minister of cult responsible for the celebration of the marriage.

Consent must be given before a Minister of worship and two adult witnesses. In these cases, consent should be until six months have elapsed since the issuance of the certificate of matrimonial capacity.

These effects are considered to be Ministers of worship to physical persons engaged, with stable character, cult or religious assistance functions and proving compliance with these requirements through certification issued by the Church, confession, or religious community who has obtained the recognition of notorious roots in Spain with the agreement of the Federation which, in his case It had applied for this recognition.

Once celebrated marriage, the officiant will extend expressive certification of the celebration of the same, with the necessary requirements for registration and the mentions of identity of witnesses and the circumstances of the previous Act which necessarily included the name and surname of the Manager of the Civil Registry or diplomatic or consular official that had extended it. This certification shall be sent by electronic means, in the form that statutorily is determined, together with the certification of accrediting the status of Minister of worship, within the five days to the Manager of the competent Civil Registry for registration. Also extend in them two copies of the resolution prior of capacity double diligence expressive of the celebration of the marriage delivering a to them intending spouses and will retain it another as Act of the celebration in the file of the officiating or of the entity religious to which represents as Minister of cult.

Sole repeal provision. Repeal of rules.

1. articles 4, 10, 11, 63, 460 to 480, 977-1000, 1811 1879, 1901 to 1918, 1943-2174 of the Civil Procedure Act approved by Royal Decree on February 3, 1881 shall be repealed.

2 repealing article 316 of the Civil Code.

3 are repealed articles 84 to 87 of law 19/1985, 16 July, exchange rate and check.

4. in addition, is deemed repealed, pursuant to paragraph 2 of article 2 of the Civil Code, how many rules they oppose or are inconsistent with the provisions of this law.

First final provision. Amendment of certain articles of the Civil Code.

The Civil Code is to be re-worded as follows: one. Article 47 is drawn up in the following way: "article 47. May not marry each other: 1. (...)

2. (...)

3. the convicted have had involvement in the fraudulent death of the spouse or person with which had been United by similar affectivity relationship to the conjugate.»

Two. Modifies article 48: "the judge can dispense, with just cause, and on request, through prior resolution issued on record of voluntary jurisdiction, impediments fraudulent death of the spouse or person with which had been United by similar affectivity to the conjugal relationship and kinship between collateral third grade. Subsequent dispensation validates, from your celebration, marriage whose nullity has not been ordered legally by any party."

Three. Article 49 is drawn up as follows: "any Spanish can marry inside or outside Spain: 1st in the manner regulated in this code."


2. religious as legally provided.

Also you can marry outside Spain in accordance with the form established by the law of the place of celebration.»

Four. Modifies the header of the second section of chapter III of title IV of book I, which happens to have the following wording: «second section. Celebration of marriage' five. Article 51 is drawn up in the following way: «article 51.

1 competition to verify certificate or record the fulfillment of requirements of capacity of both parties and the absence of impediments or its dispensation, or any kind of obstacles to marriage will correspond to the clerk of the Court, notary or charge of the Civil Register of the place of domicile of one of the Contracting Parties or to the diplomatic or consular officer responsible for the Civil Registry if they were residing abroad.

2 will be competent to celebrate marriage: 1 the judge of peace or mayor of the municipality where they celebrate marriage or Councillor this delegated.

2. the court clerk or notary freely chosen by both Contracting Parties which is competent in the place of celebration.

3rd the diplomatic or consular officer responsible for the Civil registration abroad.»

6. Article 52 is drawn up in the following way: «may celebrate the marriage which is in danger of death: 1 the peace judge, Mayor or Councillor delegated, court clerk, notary or officer referred to in article 51.»

The official 2nd or higher immediate supervisor with respect to the military campaign.

3rd the captain or commander regarding marriages which are held on board ship or aircraft.

Marriage in danger of death will not require for its celebration the previous processing of certificate or marriage record, but the presence, in its celebration, two elderly witnesses and, when danger of death resulting from disease or physical condition of one of the intending spouses, medical opinion about his capacity for the provision of consent and the gravity of the situation except impossibility accredited, without prejudice to the provisions of article 65.»

7. Article 53 is drawn up in the following way: "the validity of the marriage will not be affected by incompetence or lack of appointment of the Justice of the peace, Mayor, councilman, clerk of court, notary or officer before whom is held, provided that at least one of the spouses had proceeded in good faith and those exercising his functions publicly."

8. Article 55 is drawn up in the following way: «one of the intending spouses may enter into marriage by proxy, who shall be granted special authentic power, still always required the personal care of the other spouse.»

In power will determine the person who has entered into marriage, with the expression of the personal precise circumstances to establish his identity, and must appreciate its validity the court clerk, notary, responsible for the Civil Registry or official that process the Act or prior marriage marriage record.

Power lapse by reversal of the grantor, the resignation of the Attorney or the death of any of them. In the case of a revocation by the principal just its manifestation in authentic form before the celebration of the marriage. «The revocation is shall notify immediately to the Secretary judicial, notary, responsible of the record Civil or official that process the Act or record prior to the marriage, and if already was completed to who go to celebrate it.»

9. Article 56 is drawn up in the following way: «those who wish to get married previously credited in minutes or record filed in accordance with the legislation of the Civil Registry, which meet the requirements of capacity and the absence of impediments or its waiver, in accordance with the provisions of this code.

If any of the Contracting Parties is affected by mental, intellectual or sensory deficiencies, shall be required by the court clerk, notary, responsible for the Civil Registry or official that further processing the certificate or record, medical opinion about its ability to give the consent.»

10. Article 57 is drawn up in the following way: «marriage transacted by the clerk or by diplomatic or consular official may be held to the same or another, or peace judge, Mayor or Councillor this delegated, at the option of the Contracting Parties. If any processed by the head of the Civil Registry, the marriage shall be held before the Justice of the peace, Mayor or Councillor this delegated, that they designate the Contracting Parties.

Finally, if the notary who had extended the Marriage Act, the Contracting Parties may confer consent, at its option, before the same notary or another's that had processed the previous Act, the Justice of the peace, Mayor or Councillor delegated this.»

Eleven. Article 58 is drawn up in the following way: «the judge of peace, Mayor, councilman, clerk of court, notary or official, after read the articles 66, 67 and 68, asks each of the intending spouses if she consents to marry each other and if effectively collapses in the Act and both answered affirmatively, will declare that they are United in marriage and will extend the Act or shall authorize the corresponding script. "

12. Article 60 is drawn up in the following way: «1. the marriage celebrated according to the rules of Canon law or in any other religious forms provided for in the agreements of cooperation between the State and religious denominations produces civil effects.»

2. equally, civil effects are recognized to marriage in the religious form provided by churches, denominations, religious communities or federations of them, listed in the registry of religious entities, they have obtained the recognition of notorious roots in Spain.

In this case, the recognition of civil effects will require compliance with the following requirements: to) the processing of an act or prior record of matrimonial capacity pursuant to the regulations of the Civil Registry.

(b) the free manifestation of consent before a Minister of duly accredited cult and two adult witnesses.

Minister of cult status must be established by a certificate issued by the Church, confession, or religious community who has obtained the recognition of notorious roots in Spain, with the agreement of the Federation which, in his case, has requested such recognition.

3. for the full recognition of the civil effects of the marriage celebrated in religious form is will be as provided in the next chapter.»

13. Article 62 is drawn up in the following way: «the celebration of the marriage shall be recorded by means of Act or deed which shall be signed by the one who is held, the parties and two witnesses.

Extended the Act or authorized the public deed, shall be sent by the authorising supporting copy of the celebration of the marriage to the competent Civil Registry for registration, previous qualification by the same manager.»

Fourteen. Article 63 is drawn up in the following way: «the registration of marriages celebrated in Spain in the religious form shall be with the simple presentation of the certification of the Church, or confession, religious community or respective Federation, which will express the circumstances provided by the law of the Civil Registry.

Will be denied the practice of the seat when submissions or seats of the register stating that marriage does not meet requirements that are required in this title to be valid.»

15. Article 65 is drawn up in the following way: "in cases in which marriage has been held without being processed the corresponding record or act upon, if this were necessary, the clerk, notary, or diplomatic or consular officer responsible for the Civil Register which has concluded, before performing the actions that apply to your registration, check if meet the legal requirements for its validity through the processing of the record or file to which this article refers.

If the marriage had been performed to authority or competent person, other than those referred to in the preceding paragraph, Act that shall be sent to the Manager of the Registry Office of the place of celebration so proceed with the verification of the requirements of validity, using the relevant file. Carried out this check, responsible for the Civil Registry will proceed to registration.'

Sixteen. Amending the number 3 of article 73, which is drawn up in the following way: «3rd which shrinks without the intervention of the Justice of the peace, Mayor or Councillor, court clerk, notary or officer before whom should be held, or the witnesses.»

Seventeen. The first paragraph of article 81 is drawn up in the following way: «Is will Decree judicially separation when there are minor children not emancipated or judicially modified capacity which are dependent on their parents, anyone who is the form of marriage.»

Eighteen. Article 82 is drawn up in the following way:


«1. the spouses may agree on their separation by mutual agreement within three months after the celebration of marriage through the formulation of a regulatory agreement with the clerk of the Court or in a public deed before a notary, where he, along with the unmistakable spreading, will determine measures which regulate the effects of separation in the terms established in article 90.» Diplomatic or consular officials, in the exercise of notarial functions that are attributed, may not authorize the public deed of separation.

Spouses must intervene in the granting of personal way, notwithstanding that it must be assisted by counsel in exercise, providing their consent before the court clerk or notary. Also the children older or emancipated minors must grant consent before the court clerk or notary regarding measures affecting them by lack of income and live in the family home.

2 shall not apply the provisions of this article when there are minor children not emancipated or judicially modified capacity which are dependent on their parents.»

Nineteen. Article 83 is drawn up in the following way: "the judgment or decree of separation or granting the public deed of the agreement that determines it produce the suspension of common life of the married and stops the possibility of link property of the other spouse in the exercise of the domestic power.

The effects of marital separation will occur from the firmness of the judgment or decree declaring so it or the manifestation of consent of both spouses given in writing in accordance with article 82. «Is sent testimony of the sentence or decree, or copy of the writing public to the record Civil for its registration, without, until this has place, is produce full effects facing third of good faith.»

20. Article 84 is drawn up in the following way: "reconciliation puts an end to the separation procedure and leaves without further effect the ruling on it, but both spouses must separately put it to the attention of the judge who understand or have understood the litigation.» This however, by judicial decision will be maintained or modified measures taken in relation to the children, where there is cause that justifies it.

When the separation has taken place without judicial intervention, as provided in article 82, the reconciliation should be encouraging in deed or minutes of demonstrations.

The reconciliation must register, for its effectiveness against third parties, in the corresponding registry.»

Twenty-one. Article 87 is drawn up in the following way: «spouses also may agree to your divorce by mutual agreement through the formulation of a regulatory agreement with the clerk of the Court or in a public deed before a notary, in the form and with the content regulated in article 82, and must attend the same requirements and circumstances required it. Diplomatic or consular officials, in the exercise of notarial functions that are attributed, may not allow the public deed of divorce."

Twenty-two. Article 89 is drawn up in the following way: "the effects of the dissolution of the marriage by divorce will be produced from the firmness of the judgment or decree declaring so it or the manifestation of consent of both spouses given in writing in accordance with article 87. Not harm third parties in good faith but from their respective entry in the Civil Register.»

Twenty-three. Amending article 90, which is drawn up in the following manner: «(1. El convenio regulador a que se refieren los artículos 81, 82, 83, 86 y 87 deberá contener, ael menos y siempre que fueran aplicables, los siguientes extremos: a) care of children subject to parental authority of both, the exercise of this and, in his case» , the system of communication and stay of the children with the parent who does not usually live with them.

b) if deemed necessary, visitation and communication from grandchildren to grandparents, always taking into account the interest of those.

(c) the allocation of the use of housing and family grave.

(d) contribution to marriage and food loads, as well as their bases of update and guarantees in its case.

(e) the payment, where necessary, of the economic regime of marriage.

(f) pension in accordance with article 97 applicable to satisfy, where applicable, to one of the spouses.

2. the agreements of the spouses adopted to regulate the consequences of nullity, separation and divorce presented before the judicial body shall be approved by the judge unless they are harmful to children or seriously damaging to one of the spouses.

If the Parties propose a regime of visits and communication from grandchildren to grandparents, the judge may approve it after hearing of the grandparents that they provide their consent. The denial of agreements will have to be made by reasoned ruling, and in this case the spouses shall submit, for consideration by the judge, new proposal for approval, if necessary.

When spouses formalizasen agreements to the court clerk or notary and they consider that, in his view, any of them could be seriously damaging or harmful for one of the spouses or children or emancipated children affected, will warn it the licensors and record you will be terminated. In this case, the spouses may only go to the judge for approval of the proposed agreement.

Since the adoption of the agreement or the granting of the public deed, may be made effective agreements by way of enforcement.

3. the measures taken by the judge in default of agreement or the agreed by the spouses legally, may be modified legally or by new Convention approved by the judge, when advised by the new needs of the children or the change of circumstances of the spouses. The measures which had been agreed upon before the clerk of the Court or in a public deed may be amended by a new agreement, subject to the same requirements required by this code.

4. the judge or parties may provide real or personal guarantees required by the Convention."

Twenty-four. Amending the first paragraph of article 95, which happens to be written in the following way: "the judgment, the firm decree or the public deed that formalize the agreement, if any, will produce, with respect to the assets of the marriage, the dissolution or termination of the marital economic regime and approve their settlement if there is mutual agreement between the spouses in this regard.

If the judgment of nullity declared the bad faith of one of the spouses, which has acted in good faith may choose to apply the provisions relating to the regime of participation in the settlement of the marital economic regime and in bad faith shall not be entitled to participate in the gains made by his consort.»

Twenty-five. The last paragraph of article 97 is drawn up in the following way: «In resolving judicial or in the agreement formalized before the clerk of the Court or the notary shall be fixed periodicity, form of payment, the bases to update pension, duration or time of cessation and guarantees for its effectiveness.»

Twenty-six. Article 99 is drawn up in the following way: «At any time may replace the pension fixed judicially or by agreement concluded in accordance with article 97 for the Constitution of an annuity, the usufruct of certain goods or the delivery of a capital property or money is agree».

Twenty-seven. Article 100, is drawn up in the following way: «set pension and the bases of its update in the judgement of separation or divorce, only may be modified by alterations in the fortune of one or the other spouse that do it so.

Pension and update bases laid down in the agreement formalized the clerk or notary may be amended through a new agreement, subject to the same requirements required by this code.»

Twenty-eight. Paragraph 2 of article 107 is drawn up in the following way: «2. separation and divorce legal shall be governed by the rules of the European Union or Spanish of private international law. "

Twenty-nine. The second paragraph of article 156 is drawn up in the following way: «in case of disagreement, either one can go to the judge, who, after hearing both and son if I had enough maturity and, in any case, if more than twelve years, attributed the power to decide the father or the mother. " If the disagreements were repeated or if any other cause that seriously hinders the exercise of parental authority, may be attributed wholly or partly to one of the parents or distribute duties among them. «This measure is valid only for the period that you set, you may not never exceed two years.»

Thirty. The last paragraph of article 158 is worded as follows: «all these measures may be taken in any civil or criminal proceeding or in a voluntary jurisdiction record.»

Thirty-one. Article 167 shall be worded as follows:


«When administration of the parents jeopardize the heritage of the child, the judge, at the request of the own child, the public prosecutor or any relative of the child, may take such measures as it deems necessary for security and collection of the goods, require bond or bail for the continuation in the administration or even appoint an administrator.»

Thirty-two. Paragraph 3 of article 173, first paragraph is worded as follows: «3. If parent or guardian does not consent to or oppose it, the placement may only be agreed by the judge, in the interest of the minor, in accordance with the law on voluntary jurisdiction proceedings.» The proposal of the public entity will contain the same ends referred to in the previous number.»

Thirty-three. Amending the first paragraph of paragraph 2 of article 176, which is drawn up in the following way: «2. upon proposal of the public in favor of the adopter or adopters that public entity has been declared suitable for the exercise of parental authority is required to initiate the adoption record.» The Declaration of suitability must be prior to the proposal."

Thirty-four. Paragraph 2 of article 177 happens to have the following wording: «2. must assent to the adoption: 1 the spouse of the adopter or the person to which it is linked by similar affectivity relationship to the conjugal, provided that it is not also adopter, except that mediate legal separation. "

2nd the progenitors of the taking that I can be found emancipated, unless they were deprived of parental authority by final judgement or in legal cause for such deprivation. This situation can only be seen in contradictory judicial procedure regulated in the law on Civil procedure.

The consent is not necessary when they need to lend it are unable to this impossibility that they appreciate accordingly in the judicial resolution constituting the adoption.

The consent of the mother cannot can be provided until thirty days have elapsed since childbirth.»

Thirty-five. Article 181 is worded as follows: 'in any case, missing a person domiciled or the place of his last residence, without have had more news on it, can the clerk, at the request of an interested party or of the public prosecutor, appoint a defender which protects and represents missing judgement or businesses that do not support delay without serious inconvenience. Except for cases in which he was voluntarily legitimately represented in accordance with article 183.

This older non-separated spouse legally will be representative and born Defender missing; and its lack, the nearest relative up to the fourth degree, also age. In the absence of relatives, no presence of the same or notorious urgency, the Clerk shall appoint person solvent and good background, after hearing the public prosecutor's Office.

Also may adopt, according to prudent discretion, the measures necessary for the conservation of heritage."

Thirty-six. The last paragraph of article 183 is worded as follows: «death or justified resignation of the President, or the expiration of the mandate, determines the absence of legal, if occurs those ignored is the whereabouts of the missing person and one year has elapsed since the last news, had and, failing that, since his disappearance. Entered in the Civil Register the Declaration of absence, are extinguished right all General or special mandates granted by the absent."

Thirty-seven. He article 184 is drafted of it form following: «except reason serious appreciated by the Secretary judicial, corresponds it representation of the declared absent, the search of his person, the protection and administration of their goods and the compliance of their obligations: 1 to the spouse present greater of age not separate legally or indeed.»

2nd son of age; If there are several, will be preferred which coexisted with the absent and the largest to the smallest.

3rd the next ascendancy of younger one or another line.

4th to the older brothers who have lived familiarly with the absent, with the largest on the lower preference.

In the absence of expressed people, applicable in its entirety to the solvent person of good history, designating the clerk heard the Prosecutor, his prudent discretion.»

Thirty-eight. Article 185 is worded as follows: «the declared absent representative shall be atenido to the following obligations: 1 make an inventory of the movable property and describe the properties of its represented.»

2nd give the guarantee that the clerk of the Court cautiously set. Excepted falling in the numbers 1, 2 and 3 of the preceding article.

3rd conserve and defend the heritage of the away and get their property normal yields that are susceptible.

4th conform to standards that are established in the Civil procedural law in order to the possession and administration of the property of the absentee.

They shall apply to representatives datives of the absent, as fit their special representation, the precepts governing the exercise of guardianship and the causes of disability, removal and excuse of tutors.»

Thirty-nine. Article 186 is drawn up in the following way: "the legitimate representatives of the declared absent in numbers 1, 2 and 3 of article 184 will enjoy the temporary possession of the patrimony of the absent and liquid products in the amount indicated by the clerk of the Court, will make yours taking into consideration the amount of the fruits, rents and exploitation, children of the absent number and maintenance obligation towards care and actions that the representation required, conditions that graven to the heritage and other circumstances of the nature.

The legitimate representatives in the 4th expressed item number will enjoy, also, of the temporary possession and make yours the fruits, rents and exploitation to the extent that the clerk points, while in no case they can retain most of two-thirds of the liquid products, reserving the remaining third for the absent, or, in his case, his heirs or successors in title.

Temporal property of the absent owners may not sell them, grávalos, mortgage them or give them in garment, but in case of need or obvious utility, recognized and declared by the court clerk, who, to authorize such acts will determine the use of the obtained amount.»

Forty. Article 187 is worded as follows: «If during the enjoyment of temporary possession or the exercise of representation any dativa proved his preferential right to possession, will be excluded the current holder, but he shall not be entitled to products but from the date of the filing of the demand. "

«If the absentee appears, must restore him his heritage, but not perceived products, except bad faith involved, in which case the refund shall include also collected fruits and those due perceive from the day it occurred, according to the statement from the court clerk.»

Forty-one. 2nd, 3rd and 4th of article 194 paragraphs are redacted follows: «2nd which is accredited that they were on board a ship whose shipwreck or disappearance by immersion in the sea has been found, or on board an aircraft whose accident you have checked and there is sound evidence of absence of survivors. "

3rd of those who do not have news then that is accredited that were on board a ship whose shipwreck or disappearance by immersion in the sea has been found or on board an aircraft whose claim has been verified, or, in case of human remains have been found in such assumptions, and not been able to be identified , then that after eight days.

4th who on Board of a ship that is presumed wrecked or missing by immersion in the sea, by not arriving at your destination, or if lacking fixed arrival point, not return and there is absence of survivors rational evidence, then in either case has elapsed a month from the latest news received or , by lack thereof, from the date of departure of the ship from the initial port of the trip.

5 of which are on Board of an aircraft be presumed disaster to make the trip over seas, deserted and uninhabited areas, by not arriving at your destination, or if lacking fixed arrival point, not returned, and there is evidence rational absence of survivors, then that in either case it has elapsed a month since news of the people or of the aircraft and , failing that, from the date of commencement of the journey. If this is done in stages, the indicated term shall be calculated from the point of take-off he received the latest news.»

Forty-two. Article 196 is worded as follows: «sign the Declaration of death of the absentee, opens the succession in the same goods, proceeding to adjudication pursuant to legally.

The heirs may not provide free of charge until five years after the Declaration of death.


Until expiration date this same term not will be delivered them legacies, if them had, or will have right to demand them them legatees, except the mandas pious in suffrage of the soul of the testator or them legacies in favour of institutions of charity.

«It will be inescapable successors obligation, but because it is one only it wasn't necessary partition, the notary form a detailed inventory of the movable property and a description of the property.»

Forty-three. Amending the heading of chapter III of title VIII of book 1: «of the registration in the Civil Register» forty-four. Article 198 is worded as follows: «the Registrar shall set forth statements of disappearance, lack legal and death, as well as legitimate representations and agreed dativas, and its extinction.

Also record inventories of movable goods and description of properties that in this title are ordered; decrees of concession and the writings of transmissions and charges that the legitimate representatives or datives of the absent; and the writing of description or inventory of the goods, as well as the writings of partition and allocation made under the statement of death or particionales notebooks probate proceedings in their respective cases."

45. Section 219 is worded as follows: «the inscription of the resolutions referred to in the preceding article, shall be under testimony referred to the charge of the Civil Register.»

Forty-six. Article 249 is worded as follows: «During processing the case of removal, is may suspend their duties to the guardian and the mentored appoint judicial Defender.»

Forty-seven. Article 256 is worded as follows: «while it settled about the excuse, which proposed it is obliged to exercise the function.

Not doing so will be to appoint a defender that replaced him, being replaced responsible for all expenses incurred by the excuse if it was rejected.»

Forty-eight. Article 259 is worded as follows: «The court clerk will give office named guardian.»

Forty-nine. Article 263 is worded as follows: «The court clerk may extend this period in reasoned ruling if concurriere cause for this.»

Fifty. Article 264 is worded as follows: «inventory will form to the clerk with the intervention of the public prosecutor's Office and with citation of people he deems appropriate.»

Fifty-one. Article 265 is worded as follows: «money, jewelry, precious objects and securities, or documents which, in the opinion of the court clerk, should not be in the power of the guardian shall be deposited in a facility designed to this effect.

Expenses that previous measures to cause shall be borne by the protected assets."

Fifty-two. Article 299 bis is worded as follows: «when you have knowledge that a person should be subjected to guardianship or conservatorship and while not justifiably judicial resolution which put an end to the procedure, it will assume its representation and defense Prosecutor's Office. In such a case, when in addition to the care of the person would be of the goods, the clerk may appoint a judicial defender who manage them, who should accountable for its management after.»

Fifty-three. Article 300 is worded as follows: «at record of voluntary jurisdiction, ex officio or at the request of the public prosecutor, one's own or of any person able to appear at trial, will be appointed defender who is considered most suitable for the position. "

Fifty-four. Article 302 is worded as follows: «judicial Defender will have the powers granted to him, must be accountable for its management once completed.»

Fifty-five. Article 314 is drawn up as follows: «the emancipation takes place: 1 by older age.»

2. for concession of those who exercise parental authority.

3rd by judicial award.»

Fifty-six. Article 681 is worded as follows: «article 681.

They may not be witnesses in wills: first. Minors, except as provided in article 701.

Second. Without content.

Third party. Those who do not understand the language from the testator.

Room. Those who do not present the insight necessary to develop the witness work.

Fifth. "The spouse or relatives within the fourth degree of consanguinity or second of affinity of the notary authorizer and those who have this working relationship."

Fifty-seven. Article 689 is worded as follows: «the Holograph Testament should formalize, presenting it, in the five years following the death of the testator, notary. This will extend the Act of notarization in accordance with notarial law.»

Fifty-eight. Article 690 is worded as follows: «the person having in his possession a Holograph will shall be submitted to competent notary in the ten days after becoming aware of the death of the testator. Breach of this duty will make you responsible for the damages caused.

Also you can present it anyone who has interest in the Testament as heir, legatee, executor or any other concept.»

Fifty-nine. 691 article is worded as follows: «Presented the Holograph and accredited will the death of the testator, will proceed to its adveracion according to the notarial law.»

Sixty. Article 692 is worded as follows: «»Adverado the Testament and accredited the identity of its author, will proceed to its formal recording.

Sixty-one. Article 693 is worded as follows: «the notary, if considered accredited to the authenticity of the will, shall authorize the Act of notarization, which shall contain the actions carried out and, where appropriate, the observations expressed.

If the will were not adverado, by not sufficiently prove the identity of the grantor, will proceed to record file without drawing one up.

Authorized the notarization of the Holograph Testament or not, interested non-compliant parties may exercise their rights in the trial concerned.»

Sixty-two. Amending the second paragraph of article 703, which is drawn up in the following way: «When the testator dies within that period, the Testament is also ineffective if within the three months following the death not be attends the competent notary so he will raise him into public deed, already it has been granted in writing, already verbally.»

Sixty-three. Amending Article 704, which is drawn up in the following way: «»wills granted without consent of the notary will be ineffective if not rise to public deed and protocolizan in the way prevented in notarial law.

Sixty-four. Article 712 is worded as follows: ' 1. the person who has in his possession a closed will be presented to competent notary in the ten days after becoming aware of the death of the testator. "

2. the notary authorising of a testament closed, constituted in depositary thereof by the testator, shall inform, within ten days to have knowledge of his death, the existence of the will to the surviving spouse, descendants and ascendants of the testator, and, in the absence of these, the collateral relatives up to the fourth degree.

3. in the two previous cases, does not know the identity or address of these people, or if it ignored its existence, the notary must give advertising determined the notarial law.

Breach of this duty, as well as the presentation of the Testament by whoever has it in his possession or by the notary, you will responsible for caused damages.»

Sixty-five. The first of the 713 article paragraph is worded as follows: «with dolo leave present the closed testament that held his power within the period prescribed in the preceding article, as well as the responsibility that is determined, lose all rights to inheritance, if any as Crown intestate or heir or legatee by Testament.»

Sixty-six. The 714 article is worded as follows: «For the opening and formal recording of the closed will be observed in notarial law.»

Sixty-seven. Article 718 is worded as follows: «wills granted pursuant to the preceding two articles must be sent as soon as possible to the headquarters and, by this, the Ministry of defence.

The Ministry, if the testator had died sent the testament to the Notary Association corresponding to the last domicile of the deceased, and of not being known, he shall forward to the Notary Association of Madrid.


The Notary Association shall forward the testament to the notary for the last place of residence of the testator. Received by the notary shall inform, within ten days, its existence to the heirs and other interested parties in succession, so that they appear before him in order to formalize it in accordance with legally.»

Sixty-eight. Paragraphs 1, 2 and 3 of article 756 are drafted as follows: "1. that was convicted by judgement by having made an attempt against the life, or punishment severe for causing injury or by regularly exercising violence physical or psychological domestic violence to the deceased, his/her spouse, person to which it is attached by analogous relationship of affection or any of its descendants or ascendants."

2 which was condemned by a ruling sign for offences against freedom, moral integrity and freedom and sexual indemnity, if the injured party is the cause, your spouse, the person to which it is attached by similar affectivity relationship or any of its descendants or ascendants.

Also the person convicted by final judgment to severe penalty for committing a crime against the rights and family duties with respect to the inheritance of the aggrieved person.

Also the private resolution firm of patria potestas, or removed from the exercise of guardianship or foster for a minor or a person with the ability to legally amended by cause that is attributable, on the inheritance of the same.

3 which had accused the cause of crime for which the law designates worth serious, if he is sentenced for false denunciation.»

Sixty and nine. The 834 article is worded as follows: «the spouse on the death of her consort was not separated from this legally or in fact, if he attends the inheritance with children or descendants, shall be entitled to the usufruct of the third earmarked for improvement.»

Seventy. Article 835 is worded as follows: «If between separated spouses had mediated reconciliation reported to the Court that met the separation or the notary who gave the public deed of separation in accordance with article 84 of this code, the survivor will retain their rights.»

Seventy-one. Article 843 is worded as follows: «»Except express confirmation of all children or descendants the part referred to in the two preceding articles shall require approval by the court clerk or notary.

Seventy-two. Article 899 is worded as follows: «the executor which accepts the charge is obliged to perform it; but you can give up claiming just cause at the discretion of the clerk of the Court or the notary».

Seventy-three. The 905 article is worded as follows: «If the testator wished to extend the legal deadline, must declare expressly that of the extension. If not I would have pointed out, the term means extended for one year. «If, after this extension, yet the will of the testator, had not met may the court clerk or notary grant again for the time that is necessary, the circumstances of the case.»

Seventy-four. Article 910 is worded as follows: «the albaceazgo ends by death, inability, resignation, or removal of the executor, and the lapse of the term designated by the testator, by law and, where appropriate, by stakeholders. Removal must be appreciated by the judge."

Seventy-five. Article 945 is worded as follows: «the appeal will not be referred to in the preceding article if the spouse is separated legally or in fact. "

Seventy-six. The 956 article is worded as follows: «lack of people who have right to inherit in accordance with the preceding sections, will inherit the State who carried out the liquidation of the estate, enter the amount resulting in the public Treasury, except that, by the nature of the inherited property, the Council of Ministers agreed to give them, totally or partially , another application. Two-thirds of the value of this relict stream will be used for purposes of social interest, adding to the tax allocation that for these purposes this is done in the General State budget.»

Seventy-seven. The 957 article is worded as follows: "the rights and obligations of the State will be the same as those of the other heirs, but means always accepted the inheritance for the benefit of inventory, without any statement about it, to the effects that lists article 1023."

Seventy-eight. Article 958 is worded as follows: «so that the State can take possession of the property and inheritance rights should precede administrative Declaration of heir, claiming responsibility for the goods for lack of legitimate heirs.»

Seventy-nine. Article 1005 is worded as follows: 'any interested party stating its interest in who the heir to accept or repudiate the inheritance you can go to the notary so that it communicates the call that has a period of thirty calendar days to accept pure or simply, or for the benefit of inventory, or repudiate the inheritance. The notary will indicate, Furthermore, that if not it expresses their will within that period the inheritance means accepted purely and simply.»

Eighty. Article 1008 is worded as follows: «the repudiation of the inheritance shall be notary public instrument.»

Eighty-one. Article 1011 is worded as follows: «»the Declaration to make use of the benefit of inventory shall be notary.

Eighty-two. Article 1014 is worded as follows: «the heir who has in his possession the inheritance or part of it and wants to use the benefit of inventory or the right to deliberate, must communicate it before a notary and order within thirty days from that on which majordomo to be such heir to the formation of inventory Attorney with citation to the creditors and legatees so come to witness it if they agree. "

Eighty-three. Article 1015 is worded as follows: «when the heir does not have in his possession the inheritance or part of it, nor have practiced management as such heir, the term expressed in the previous article will be from the day after that expiry of the period which it had set him to accept or repudiate the inheritance pursuant to article 1005 «, or from the day that would have accepted it or had managed as an heir.»

Eighty-four. Article 1017 is worded as follows: «the inventory will begin within thirty days following the summons of the creditors and legatees, and will conclude within other sixties.

If by find property long distance or be very substantial, or for other just cause, parecieren insufficient said sixty days, may the notary extend this term for the time deemed necessary, without that it does not exceed a year.»

Eighty-five. Article 1019 is worded as follows: «the heir who has had reserved the right to deliberate, must manifest a notary, within thirty days from the next one that we had completed the inventory, if it rejects or accepts the inheritance and if you do use or otherwise of the benefit of inventory.

After the thirty days without making this demonstration, means that you accept it simply.»

Eighty-six. The 1020 article is worded as follows: «during the formation of the inventory and to the acceptance of the inheritance, upon request, the notary may adopt the necessary provisions for the Administration and custody of the hereditary property according to what is prescribed in this code and notarial law.»

Eighty-seven. Article 1024 is worded as follows: «the heir will lose the benefit of inventory: 1 If knowing it fails to include any inventory of the goods, rights or shares of the inheritance. "

2nd if before completing the payment of debts and legacies, it enajenase assets of the estate without the permission of all concerned, or not give the price of the sold the particular application to the authorization granted.

However, available marketable securities that are listed on a secondary market through alienation in that market, and other goods through its sale in notary public auction previously notified to all concerned, specifying the application to be given to the price obtained in both cases.»

Eighty-eight. Article 1030 is worded as follows: «when the sale of inherited assets is necessary for payment of funds and legacies, will this be in the form established in the second paragraph of number 2 of article 1024 of this code, except if all the heirs, creditors and legatees agree otherwise. "

Eighty-nine. Amending the first paragraph of the article 1033, which is drawn up in the following way: «inventory costs and other actions to the administration of the inheritance accepted take place in benefit of inventory and the defence of their rights, will be in charge of the same heritage. Excluding those expenses attributable to the heir who had been convicted of personally his malice or bad faith.

The same means with respect to the expenses caused to make use of the right of discussion, if the heir repudiates the inheritance."


Ninety. Article 1057 is worded as follows: «the testator may entrust by Act "inter vivos" or "mortis causa" after his death for the simple faculty make the partition to any person who is not one of the co-heirs.»

There is no Testament, contador-partidor in the designated or vacant office, the clerk of the Court or the notary, at the request of the heirs and devisees representing at least 50 per 100 of the hereditary haber, and citation of other stakeholders, if his address is known, may appoint an contador-partidor dative, depending on the rules laying down the law of Civil procedure and notaries for the appointment of experts. Partition well done will require approval of the clerk of the Court or the notary, except express confirmation of all the heirs and legatees.

Provisions of this article and the previous one will be observed even among heirs if any subject to parental authority, guardianship or curatorship; but the contador-partidor must, in these cases, inventory property of inheritance, with citation of legal guardians or curators of these people."

Ninety-one. Article 1060 is worded as follows: «when minors or persons with ability to judicially modified are legally represented in part, not necessary the intervention or judicial authorization, but the guardian will need judicial approval of the effected part.» The judicial Defender appointed to represent a minor or a person with capacity as judicially amended a partition, must obtain the approval of the judge, if the Clerk had not disposed otherwise to make the appointment.»

Ninety-two. Article 1176 is worded as follows: «If the creditor who is made the offer of payment in accordance with the provisions regulating this, refuses, so express or indeed, no reason to admit it, to give proof of having carried out document or to cancellation of the warranty, if any, the debtor will be freed of responsibility through the provision of the proper thing.

The allocation alone will produce the same effect when it is done being the creditor that is absent in the place where payment must be made, or when you are unable to receive it at the time at which should be, and when several people claim to be entitled to, be the unknown creditor, or the title that incorporated the obligation has lost.

In any case, shall be the entry in all cases in compliance with the obligation to make more burdensome to the debtor for reasons not attributable to the same.»

Ninety-three. 1178 article is worded as follows: «the scheduling will be done by the debtor or a third party, by putting the things due to disposal of the Court or the notary, in the terms laid down in the law on voluntary jurisdiction or notarial law.»

Ninety-four. Article 1180 is worded as follows: «the acceptance of the consignment by the creditor or judicial declaration that is well-made, terminate the obligation and the debtor may request to be sent to cancel the obligation and the warranty, if any.

Meanwhile, the debtor may remove the thing or amount appropriated, leaving subsisting obligation."

Ninety-five. The 1377 article is worded as follows: «the consent of both spouses is required to perform acts of disposal for valuable consideration of marital property.

If one negare it or is unable to provide it, may the judge allow one or several acts devices when deemed of interest to the family. Exceptionally agree limitations or cautions that it deems appropriate."

Ninety-six. The 1389 article is worded as follows: 'spouse on whom falls the administration under the provisions of the two preceding articles shall so full faculties, except that the judge, when deemed of interest to the family, establish limitations or cautions.

In any case, to perform acts of disposal of real estate, mercantile establishments, precious objects or securities, unless the preferential subscription right, will need judicial authorization.»

Ninety-seven. 1392 article is worded as follows: «marital society will conclude full: 1 when the marriage is dissolved. "

2. when it is declared null.

3rd when the legal separation of the spouses agreed.

4th when the spouses agree a different economic regime in the way prevented in this code."

Ninety-eight. Article 1442 is worded as follows: «A spouse declared bankrupt, shall apply the provisions of the bankruptcy legislation.»

Second final provision. Amendment of the commercial code.

Article 40 is worded as follows: ' 1. without prejudice to provisions of other laws that force to submit annual accounts to the audit of a person who has the legal status of auditor of accounts, and the provisions of articles 32 and 33 of this code, all employer will be obliged to submit to audit the ordinary or consolidated annual accounts» , in your case, your company, when so agreed the clerk or the mercantile Registrar of the registered office of the employer if they welcome founded request who prove a legitimate interest. Before estimating the request, the clerk or the mercantile Registrar must require the applicant to forward the funds necessary for the payment of the remuneration of the auditor.

The society may only oppose the appointment providing documentary evidence that does not come the same or denying the legitimacy of the applicant.

With the mercantile Registrar request will be processed according to provisions of the regulations of the commercial register. The appointment of auditor is subject to the regulatory shift established the mercantile registry regulation.

If you urge before the clerk, will follow the procedures established in the legislation of the voluntary jurisdiction.

The decision rendered concerning the origin or unfairness of the audit may be appealed before the judge of the commercial.

2 the same day on that issue, the auditor will deliver the report to the employer and the applicant and submit copy who had appointed. If the report contains denied or unfavourable opinion, the clerk or the mercantile Registrar agree that the entrepreneur meets the applicant amounts that had been anticipated. If the report contained an opinion with reservations or qualifications, will dictate a resolution determining on who should be and how much the cost of the audit. If the report is favorable opinion, the cost of the audit will be charge of the applicant.

3. the clerk of the Court or the mercantile Registrar shall refuse the application of auditing where, before the date of the request, recorded registered in the commercial registry appointment of auditor for the verification of the accounts of that same year, or in the case of companies and other legal persons required, had not completed the legal deadline for the appointment of the auditor by the competent body.

4. the issuance of the audit report will not prevent the exercise of the right of access to the accounts by those the law attributed to that right.»

Third final provision. Amendment of certain articles of the law 1/2000, of the code of Civil procedure.

The law on Civil procedure is hereby amended as follows: one. Paragraph 1 of article 8 is worded as follows: ' 1. when the individual is in the case of paragraph 2 of the preceding article and there is no person who legally represents it or attend to appear at trial, the court clerk will appoint you a judicial Defender by Decree, which will assume its representation and defence until appoints that person. '

Two. Paragraph 1 of Article 395 is worded as follows: «1. If the defendant established are remedied to demand before answering, not proceed the imposition of costs unless the Court, arguing it properly, appreciate bad faith on the defendant. "

"Means that, in any case, there is bad faith, if before presented the demand had formulated to demand reliable and justified payment requirement, or if it has been started mediation or directed against the request for conciliation."

3. He paragraph 1 of the article 525 is drafted of the form following: «1. not will be in any case susceptible of execution provisional: 1st them sentences dictated in them processes on paternity, maternity, filiation, nullity of marriage, separation and divorce, capacity and State civil, as well as on them measures relating to the restitution or return of minor in them alleged of subtraction international and rights Honorary» , except those pronouncements that regulate the obligations and relations heritage related with what is object main of the process.

2nd the judgments that condemn to issue a declaration of will.

«3rd them sentences that declare the nullity or expiry of titles of property industrial.»

Four. He article 608 is drafted in the following way: «article 608.» Execution by condemns to providing food.


The provisions of the preceding article shall not apply where it is necessary for execution of judgment condemning to the payment of food, in all cases in that the obligation of satisfying them born directly of the law, including the pronouncements of judgements handed down in proceedings for annulment, separation or divorce on food due to the spouse or children or decrees or deeds that formalize the agreement providing for them. In these cases, as well as on the measures of precautionary, the shall determine the amount that can be repossessed.»

5. Article 748 is drawn up in the following way: ' the provisions of this title shall apply to the following processes: 1 which related to the capacity of the people and the Declaration of prodigality.»

2. filiation, paternity and maternity.

3rd the nullity of the marriage, separation and divorce and modification of measures taken in them.

4th which related exclusively to custody of minor children or food claimed by one parent against the other on behalf of minor children.

5 in recognition of civil effectiveness of resolutions or ecclesiastical decisions in matrimonial matters.

6 those who related to the measures relating to the return of children in cases of international child abduction.

7th which relate to opposition to the administrative resolutions in the field of child protection.

8th which concerning the need to consent to the adoption."

6. The first of the 749 article section is worded in the following way: «1. processes on the capacity of persons, marriage annulment, the international child abduction and the determination and contesting of sonship will always be part the public prosecutor's Office, although it has not been the same promoter or must, in accordance with the law» assume the defense of any of the parties. The public prosecutor will ensure throughout the process by safeguarding the best interests of the person concerned.»

7. The second paragraph of article 758 is worded as follows: «if they not done so, will be defended by the public prosecutor, provided that this has not been the promoter of the procedure. In another case, the Court Clerk shall appoint them a judicial Defender, unless it is already named.»

8. Paragraphs 1 and 2 of article 769 are drafted as follows: ' 1. except that expressly otherwise provided, will be competent for the Court of first instance of the place of the marital home of the procedures referred to in this chapter. " In the case of the spouses reside in different judicial districts, will be competent court, at the option of the plaintiff, the last home of the marriage or residence of the defendant.

Which have no fixed domicile or residence may be sued in the place they are staying or of his last residence, at the choice of the applicant and, if competition nor may determine as well, will be responsible for this the Court of the domicile of the actor.

2. in the process of separation or divorce by mutual agreement concerning the 777 article, shall have jurisdiction the Court of the last common place of residence or domicile of any of the applicants.'

9. Paragraph 4 is modified and added a paragraph 10 to the 777 article, in the following terms: «4. ratified by both spouses request, if the documentation provided was insufficient, the judge or the clerk of the Court that is competent be granted to applicants within ten days to complete it. " During this period it shall be, where appropriate, proof that the spouses have been proposed and the others deemed necessary to accredit the concurrence of circumstances in each case required by the Civil Code and to appreciate the appropriateness of approving the agreement proposed by the Court."

«10. If the competition out of the Clerk by there is no minor children not emancipated or judicially modified capacity which are dependent on their parents, immediately after the ratification of the spouses before the clerk of the Court, this will dictate Decree in answer, the regulatory agreement.

The decree which formalize the agreement proposal will declare the separation or divorce of the spouses.

If you consider that, in his view, some of the agreements of the Convention might be harmful or seriously harmful for one of the spouses or the children affected emancipated major or minor, shall draw attention it to the licensors and shall terminate the procedure. In this case, the spouses only may go before the judge for the approval of the proposed of Convention regulator.

The decree will not be appealed.

The modification of the agreement formalized by the Court Clerk shall be dealt with pursuant to this article when fulfilled the necessary requirements to do so."

10. Added a chapter IV bis in title I of book IV, comprising the new articles 778 bis to 778 c, with the following title: «Chapter IV BIS measures relating to the restitution or return of children in cases of international child abduction» eleven. Add a 778 article, with the following wording: «article 778 bis.» Scope of application. General rules.

1. in the cases that remain applicable international Convention or the provisions of the European Union, is intended to return to the place of origin for having been subjected to illicit a removal or retention or the return of a child and is in Spain, shall be as laid down in this chapter. It shall not apply to the cases where the child came from a State that does not form part of the European Union or be part of any International Convention.

2. in these processes, the Court of first instance of the capital of the province, Ceuta or Melilla, with competence in matters of family law, in whose constituency is the child that has been subject of a removal or retention illicit, if any, and, in default, corresponds to that in turn cast will be competent. The Court will examine ex officio its competence.

3 they may promote the procedure the person, institution or body having assigned the guard and custody or a stay or visits, relationship or communication of the minor, the Spanish Central Authority responsible for compliance with the obligations imposed by the corresponding Convention, in his case, and on behalf of, the person designated by that authority.

4. the parties should act with the assistance of a lawyer and represented by an attorney. The intervention of the State advocacy, where appropriate at the request of the Spanish Central Authority, will cease from the moment in which the applicant of restitution or return appear in the process with your own attorney and paralegal.

5. the procedure shall be preferential and urgent. It must be made, in both instances, if any, in the inexcusable total within six weeks from the date of the filing of the application calling the restitution or the return of the child, unless there are exceptional circumstances that make it impossible.

6. in any case, the suspension of civil actions by the existence of Ph.d that motivated by the exercise of criminal actions in the field of child abduction will be ordered.

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, it may have recourse to the assistance of the central authorities concerned of existing International Judicial cooperation networks, the members of the international network of judges the Conference the Hague and judges of link.

8. the judge may agree throughout the process, ex officio, at the request of who promote the procedure or of the public prosecutor, measures appropriate precautionary and assurance of the child that it deems appropriate in accordance with article 773, in addition to those provided for in article 158 of the Civil Code.

Similarly you may agree that during the processing of the process will guarantee the rights of stay or visit, relationship and communication of the child with the claimant, including supervised form, if it was convenient to the interests of the minor."

12. Added an article 778 ter, with the following wording: «article 778 ter. Procedure.

1. the procedure will begin with demand that has encouraged the return of the child or his return to the place of origin and contain all information required by the applicable international rules and, in any case, relating to the identity of the plaintiff, the minor and the person who considers that you have removed or retained the child as well as the reasons on which it is based to claim your refund or return. You must also provide detailed information available concerning the location of the child and the identity of the person that is supposed to is located.

Demand the required documentation, if any, must be accompanied by the corresponding Convention or international standard and any other which the applicant melts your request.


2. the clerk of the Court shall decide on the admission of the claim within the period of 24 hours, and if you understand that this is not acceptable, will give account to the judge to resolve as appropriate within that period.

In the same resolution, in which the demand is admitted, the Court Clerk shall require the person who impute is the subtraction or detainer of the minor so that, on the date that is determined, that it may not exceed three days, to appear with the child and manifest if it agrees to restitution or return, or opposes it in such a case any of the causes set forth in the relevant agreement or international standard applicable.

The requirement shall be the legal injunctions and delivery to that required of the text of the corresponding Convention or applicable international standard.

3. when the minor was not found in the location indicated in the complaint, and if, after making the appropriate inquiries by the clerk of the Court of his domicile or residence, they are unsuccessful, provisionally filed the procedure to be found.

If the minor out found in another province, the clerk of the Court, after hearing the public prosecutor and Parties transmitted by within a day, will notice the judge that resolved the next day where applicable through auto, referring, where appropriate, actions to the Court deemed territorially competent and placing parties to bring you to the same within a period of three days.

4 come the day, if the required appearance and accediere to the return of the child or to return to place of origin, as appropriate, the clerk will raise Act and the judge will give auto same day remembering the conclusion of the process and the restitution or the return of the child, acting in terms of the expenses, including the travel , and costs of the process.

The defendant may appear at any time, before the end of the procedure, and access to the delivery of the child, or to return to place of origin, being of application the provisions of this section.

5. If it does not appear or if appeared did not fit, nor opposition submit appropriate, in this case, the delivery or return of the child, the court clerk on the same day you will declare you in default and will be the continuation of the procedure without it, citing only the applicant and to the public prosecutor to a view before the judge that will take place in a period not exceeding five days to be held in accordance with provisions in the sixth paragraph of this article. The resolution, must however, be notified to the respondent, after which not be held any other, except for the resolution putting an end to the process.

The judge may impose measures precautionary that he considers relevant in relation to the child, if have not already adopted previously, in accordance with article 773.

6. If at the first hearing the required make opposition to the restitution or return of the child under the protection of the causes set forth in the relevant Convention or applicable international standard, which shall be in writing, the court clerk on the same day will transfer of opposition and will quote to all stakeholders and the public prosecutor to a view that will be held within a non-extendable period of five days.

7. the celebration of the view is not suspended by judgment of the plaintiff. If it is the defendant who had opposed who not appearance, the judge will have you by desisted from opposition and will continue to view.

During the celebration of the same will be heard the parties that they appear so that they expose what they deem appropriate, in particular, to the person who requested the refund or return, the public prosecutor and the defendant, even if it appearance in this process for the first time.

Relevant and useful tests that the parties or the public prosecutor's Office proposed and which the judge agreed ex officio on the facts that are relevant to the decision on the illegality or not transfer or retention and measures to adopt, within a non-extendable period of six days is practiced, where appropriate. The judge may also request, ex officio, at the request of party or the public prosecutor's Office, reports that it deems appropriate whose realization will be urgent and preferred to any other process.

8 by adopting any decision on inadmissibility of the restitution of the minor or his return to the place of origin or provenance, the judge, at any time in the process and in the presence of the public prosecutor, will hear separately to the child, unless the hearing thereof is not considered suitable according to their age or degree of maturity of the same which shall be recorded in a motivated resolution.

In the exploration of the minor shall be ensured that the same can be heard in conditions for safeguarding their interests, without interference from others, and exceptionally to seek the assistance of specialists when necessary. This action will be implemented through videoconference or other similar system.

9. held the view and, where appropriate, practiced relevant evidence, within three days of its completion, the judge will issue a ruling that will decide only whether the removal or the retention are illegal and will remember whether or not the return of the child to the person, institution or body having assigned the guard and custody or return to the place of origin to allow the applicant the exercise of the regime of stay communication or relationship to the child, taking into account the best interests of this and the terms of the corresponding Convention or of the provisions of the European Union on the matter, as the case may be. Resolution agreed the return of the child or his return will establish in detail the way & lead time, and can take the necessary measures to avoid a new transfer or illicit retention of the child after the notification of the judgment.

10 if it is remember the restitution or return of the child, in the resolution is set to the person who has transferred or retained the child paid the coasts due process, including those incurred by the applicant, travel expenses and the causes the restitution or return of the child to the State where he was habitually resident before the abduction.

In other cases, the coasts of the process shall be declared ex officio.

11. against the decision handed down just fit appeal with suspensive effect, which will be processing preferred, and must be resolved in the non-extendable term of twenty days.

In the processing of the appeal will follow the following specialties: to) is to be lodged within three days counted from the day following the notification of the decision, and the Court agree its admission or not within 24 hours of the presentation.

(b) admitted the appeal, other parts will have three days to file notice of opposition to the appeal or, where appropriate, challenge. In the latter case, also the main appellant shall have within three days to express what deems.

(c) after that, the court clerk will order remission of the cars on the same day to the competent court to resolve the appeal, before which should appear the parties within 24 hours.

(d) received cars, the Court agreed that proceed on their admission within 24 hours. If any practice test or if holding agreed view, the clerk designated day for within three days.

(e) resolution must be issued within three days following termination view or, in the absence of this, counting from the day following that where cars had received in the competent court for the appeal.

12. at any point in the process, both parties may request the suspension of the same in accordance with provisions in article 19.4, to undergo mediation. Also judge may at any time, ex officio or at the request of either party, propose a mediation solution if attending the concurrent circumstances, estimated as possible to come to an agreement, without that it should assume an unjustified delay in the process. In such cases, the clerk agreed the suspension for the time necessary to deal with the mediation. The public entity which has the functions of child protection can intervene as mediator if requested ex officio, by the parties or by the public prosecutor.

The duration of the mediation procedure shall be as short as possible and their actions will concentrate on the minimum number of sessions, without that in no case can the suspension of mediation process exceed the period legally provided for in this chapter.

The judicial proceedings shall be resumed if requested by any of the parties or, in case of an agreement in mediation, which must be approved by the judge, taking into account the best interests of the child and legislation.

13. in the execution of the sentence in which restitution is agreed for the minor or his return to the State of provenance, Central Authority will provide necessary assistance to the Court to ensure that this is done safely, taking precise administrative measures in each case.


If the parent who had been sentenced to the return of the child or his return opposes, it prevented or would obstruct compliance, the judge shall take the necessary measures for the execution of the sentence immediately, and can help support social services and security bodies and forces.»

13. Add a 778 article c, with the following wording: «article 778 c. Declaration of illegality of a removal or retention international.

Where a child habitually resident in Spain is the subject of a removal or retention international, pursuant to the relevant Convention or applicable international standard, anyone interested, aside from the process that is started to ask for his international return, may contact in Spain to the competent court to hear the merits of the case in order to get a resolution that specifies that the removal or retention have been illicit for which purpose the procedural channels available in title I of book IV be used for definitive or provisional measures in Spain, and even the measures of article 158.

The competent authority in Spain to issue a decision or certification of article 15 of the Convention of the Hague of 25 October 1980 on the civil aspects of international child abduction of minors, attesting that the removal or retention of the child was wrongful in the sense referred to in article 3 of the Convention, whenever possible It will be the ultimate judicial authority has ever known in Spain of any process on afectante the child parental responsibility. In default of this, the Court of first instance of the last domicile of the child in Spain will be competent. The Spanish Central Authority will make every effort to provide assistance to the applicant so that you get a decision or certification of that kind.»

Fourteen. (1) the 782 article is worded as follows: ' 1. any joint heir or legatee of aliquot part may judicially claim the division of the inheritance, provided that this shall not make it a Commissioner or contador-partidor designated by the testator, by agreement among heirs or by the clerk of the Court or the notary.»

15. The 790 article is worded as follows: ' 1. whenever the Court has news of the death of a person and not to record the existence of Testament, ascendants, descendants or spouse of the deceased or person in a situation can in fact be assimilated, or collateral up to the fourth degree, will adopt ex officio the most essential measures 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 abduction or concealment.

People that talk about the previous paragraph are absent or when any of them less or have legally modified capacity and has no legal representative shall be in the same way.

2. in cases which referred to this article, then bring the relatives, or appointed legal representative to minors or persons with capacity judicially modified, they will be delivery of goods and effects belonging to the deceased, ceasing the judicial intervention, except as provided in the following article, and must go to the notary to proceed with the initiation of Declaration of heirs record.»

Sixteen. Paragraph 2 is modified and added a new paragraph 3 to article 791: '2. If, indeed, it appears to have died without test and without relatives called for the law to succession, will send the Court, through self, which is appropriate: 1 to deal with books, papers and correspondence of the late.

2. to make an inventory and deposit the goods provided as appropriate on its administration, pursuant to the provisions of this law. The Court may appoint a person, charged to the estate, which carry out and ensure the inventory and your deposit.

In the same resolution it shall order ex officio communication the delegation of appropriate finance if it appears from the statement of Crown intestate in favor of the State, with transfer of the result of the proceedings carried out and documentation gathered on the basis of paragraph 1.

3. from the moment in which General State administration or the administration of an autonomous region informs the Court that has started a procedure to declare as heir to intestacy, it will agree that it falls upon it the designation for the administration of the assets. In this case, he is not required the Government to pay bail and perform expert reports when necessary by technical services.

The administration shall inform the Court resolution which put an end to the procedure. If the resolution concluded that it does not come to make the Declaration of the Crown intestate in favor of the Administration, this not you can continue taking charge of the estate, requesting the Court to appoint new administrator in the period of one month from that communication. Expiry of this period of a month, in any case, the administration shall cease in the position of administrator.

When that resolution to declare Crown intestate to the Administration, the judiciary would be knowing of the intervention of the estate shall take, before a month, provisions conducive to the delivery of the property and rights of the estate'

Seventeen. Paragraph 1 of article 792 is worded as follows: "1. actions referred to in paragraph 2 of the preceding article may agree upon request in the following cases: 1 by the spouse or any of the relatives that is created with right to legitimate succession, provided that they prove to have promoted the Declaration of heirs intestate before a notary or formulated the request for judicial intervention of the estate at the time of promoting» the notarial Declaration of heirs.

2nd by any joint heir or legatee of aliquot part, at the time of requesting judicial legacy division, except that the intervention had been expressly forbidden by testamentary disposition.

3rd public administration by initiating a procedure to declare Crown intestate.»

Eighteen. Paragraph 1 of article 802 is worded as follows: ' 1. administrator be deposited without delay at the disposal of the Court amounts raised in the performance of his office, holding only which are necessary to meet the costs of lawsuits or notary, payment of contributions and other ordinary attention.»

Nineteen. The twenty second final provision is worded as follows: «twenty second final provision. Measures to facilitate the implementation in Spain of Regulation (EC) No. 2201 / 2003 of the Council of 27 November 2003 concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and parental responsibility.

1. the certificate of judgments in matrimonial matters and in matters of parental responsibility, provided for in article 39 of Regulation (EC) No. 2201 / 2003, shall be issued by the clerk of the Court separately and through diligence, by filling in the corresponding form contained in annexes I and II to this regulation.

2. the judicial certificate of judgments on rights of access, provided for in paragraph 1 of article 41 of Regulation (EC) No. 2201 / 2003, shall be issued by the judge in a separate way and through Providence, using the form contained in annex III to that regulation.

3. the judicial certificate of judicial decisions on the return of the child, referred to in paragraph 1 of article 42 of Regulation (EC) No. 2201 / 2003, shall be issued by the judge in a separate way and through Providence, using the form contained in annex IV to the said regulation.

4. the procedure for rectification of mistakes in the judicial certification, laid down in article 43.1 of the Regulation (EC) No. 2001 / 2003, shall be resolved in the way established in first three paragraphs of the article 267 of the organic law 6/1985, of 1 July, the judicial branch. Any appeal against the resolution which is resolved on the clarification or correction of the judicial certification referred to in the two preceding paragraphs will not fit.

5. the denial of the issuance 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 car in the case of paragraphs 2 and 3, and can challenge the procedures of direct judicial review in the case of paragraph 1 and the procedures of the appeal in the case of paragraphs 2 and 3.


6. the transmission to which refers article 11.6 of Regulation (EC) No. 2201 / 2003, will include a copy of the judgment of non-return pursuant to article 13 of the the Hague Convention of 25 October 1980, and a copy of the original recording of the minutes of the vista support suitable for recording and playback of sound and image as well as of those documents which the Court deems appropriate attached in each case as evidence of compliance with the requirements of articles 10 and 11 of the regulation.

«7. the claim to which refers article 11.7 of the Regulation (EC) No. 2201 / 2003, shall be dealt with pursuant to the procedure provided for in the law of Civil procedure for processes that exclusively concerning the custody of minor children, even though jurisdiction to hear the same shall be determined pursuant to the provisions for the process that regulates the measures relating to the return of children in cases of international child abduction.»

Fourth final provision. Modification of law 20/2011, 21 July, Civil Registry.

One. The paragraphs 1, 2, 5, 6, 7, 8, 9, 10 and 12 of the article 58 are written of the form following: «1. the marriage in form civil is held before the judge of peace, Mayor or councillor in who this delegate, Secretary judicial, notary, or official diplomatic or consular responsible of the record Civil.»

2. the celebration of the marriage shall require prior procedure or instruction of a record or file at the request of the Contracting Parties to demonstrate compliance with the requirements of capacity and the absence of impediments or its dispensation, or any other obstacle, as laid down in the Civil Code. The processing of the Act is the notary of the place of residence of either of the intending spouses. The examination of the case corresponds to the clerk or Manager of the Civil Registry of the domicile of one of the intending spouses.

5. the clerk of the Court, notary or officer of the Civil Registry shall hear both parties quietly and separately to make sure its capacity and the absence of any impediment. In addition, you can request reports and practice the relevant proceedings, whether or not proposed by the requesting, to accredit status, capacity or domicile of the parties or any other ends needed to appreciate the validity of consent and the veracity of the marriage. If any of the Contracting Parties is affected by mental, intellectual or sensory required medical opinion on their ability to provide consent.

The realization of all these actions shall be recorded in the minutes, or record, filing together with the documents prior to the registration of marriage.

A year passed since the publication of ads or alternative proceedings unless the marriage has been contracted, no you entered into this new publication or proceedings.

6 previous proceedings, the clerk of the Court, notary or charge of the Civil Register which has intervened will end the record or dictate a resolution stating the concurrence or not in the Contracting Parties of the requirements for contracting marriage, as well as determining the marital economic regime which applies and, where appropriate, the civilian neighbourhood of the intending spouses, delivering copy to these. The action or decision must be motivated and express, in its case, clearly the lack of capacity or the impediment that concur.

7. If the judgment of the court clerk, notary or officer of the Civil Registry was unfavorable shall be at the close of the record or file and stakeholders may use to the General direction of the registers and notaries, undergoing the resource arrangements laid down by this law.

8 resolved favorably record by the clerk, marriage shall be entered in the same or another court clerk, Justice of the peace, Mayor or Councillor this delegated, at the option of the Contracting Parties. If any processed by the head of the Civil Registry, the marriage shall be held before the Justice of the peace, Mayor or Councillor this delegated, that they designate the Contracting Parties. Finally, if the notary who had extended the Marriage Act, the Contracting Parties may confer consent, at its option, before the same notary or another's that had processed the previous Act, the Justice of the peace, Mayor or Councillor this delegated. The provision of consent must be made in the manner provided in the Civil Code.

Marriage celebrated before Justice of the peace, the mayor or Councillor delegated this or the Court Clerk shall be recorded in the minutes; which is concluded before notary will consist in writing public. In both cases must be signed, in addition to that before that takes place, the intending spouses and two witnesses.

Extended the Act or authorized the public deed, will be delivered to each of the Contracting Parties supporting copy of the celebration of the marriage and shall be sent by the authorizer, on the same day and by electronic means, testimony or authorized electronic copy of the document to the Registrar for registration, previous qualification of the Manager of the Civil Registry.

9. the celebration of the marriage outside Spain will correspond to the consular officer or diplomat responsible for Civil registration abroad. If one or both parties reside abroad, processing the previous case may correspond to the official diplomatic or consular officer of competent civil registry in the consular district where they reside. The marriage thus transacted may be held to the same official, or another, or peace judge, Mayor or Councillor this delegated, at the option of the Contracting Parties.

10. when the marriage has been celebrated without having processed the corresponding record or act upon, if this is necessary, the court clerk, notary, or the official responsible for the Civil Register which has concluded, before performing the actions that apply for its registration, check if meet the legal requirements for its validity, by means of the processing of the record or file to which this article refers.

If the marriage had been performed to authority or competent person, other than those referred to in the preceding paragraph, Act that shall be sent to the Manager of the Registry Office of the place of celebration so proceed with the verification of the requirements of validity, using the relevant file. Carried out this check, charge of the Civil Register will proceed to registration.

12. If the Contracting Parties had expressed their intention to get married abroad, according to the form established by the law of the place of celebration or religious form and required the presentation of a certificate of marital capacity, it shall be issued by the clerk, notary, responsible for the Civil Registry or consular or diplomatic officer of the place of residence of either of the intending spouses prior instructed record or act containing the judgment of the accrediting authorizer of the double capacity of the intending spouses."

Two. Paragraph 1 of article 58 bis is drawn up in the following way: "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 matters and agreements of cooperation of the State with religious denominations shall apply the provisions of the same."

2. in the event of marriage religious as provided by churches, denominations, religious communities or federations of them, listed in the registry of religious entities, have been recognized by notorious roots in Spain, they will require the processing of an act or prior record of marital capacity in accordance with the previous article. After this procedure, the clerk, notary, responsible for the Civil Registry or official diplomatic or consular officer the registry Civil who has spoken issued two copies of the Act or resolution, which will include, where appropriate, accrediting judgment of the double capacity of the intending spouses, that they shall deliver to the Minister of cult responsible for the celebration of the marriage.

Consent must be given before a Minister of worship and two adult witnesses. In these cases, consent should be until after six months from the date of the Act or resolution containing the judgment of matrimonial capacity. These effects are considered to be Ministers of worship to individuals engaged, with stable character, cult or religious assistance functions and proving compliance with these requirements through certification issued by the Church, confession, or religious community who has obtained the recognition of notorious roots in Spain, with the agreement of the Federation has applied for recognition in its case.


Once celebrated marriage, the officiant will extend expressive certification of the celebration of the same, with the requirements for registration and the mentions of identity of witnesses and the circumstances of record or previous record which shall necessarily include the name and surname of the clerk, notary, responsible for the Civil Registry or diplomatic or consular official that had extended it date, number of Protocol where appropriate. This certification shall be sent by electronic means, in the form that statutorily is determined, together with the certification of accrediting the status of Minister of worship, within the five days to the Manager of the competent Civil Registry for registration. Also extend in two copies of the minutes or prior resolution of matrimonial capacity diligence expressive of the celebration of the marriage by giving one to the Contracting Parties and shall keep the other as the Act of celebration in the file of the officiant or the religious entity that it represents as Minister of worship.»

3. Article 59 happens to have the following wording: «article 59. Registration of marriages.

1. the marriage whose requirements have been noted and celebrated according to the procedure laid down in article 58 shall be entered in the individual records of the intending spouses.

2. the marriage concluded with foreign authority will enter the Spanish Civil Register through the registration of the corresponding certification, whenever it has effectiveness pursuant to the provisions in this law.

3. the marriage celebrated in Spain in the religious form accessing Civil registration by the registration of the certificate issued by the Minister of worship, in accordance with the provisions of article 63 of the Civil Code.

4 practiced registration, responsible for the Civil Registry shall make available to each of the intending spouses certification of registration of the marriage.

5. the inscription makes faith of marriage and the date and place in which contracts and produces the full recognition of the civil effects of the same against third parties in good faith."

Four. Article 60 is modified.

«Article 60. Registration of the economic regime of marriage.

1. together with the registration of marriage shall register the legal or agreed upon marital economic regime governing marriage and the Covenants, judgments or other facts that may affect the same.

2. when writings of capitulation is not filed it register as legal marital economic regime which was suppletive in accordance with applicable law. Note to the Civil Registry expressly the legal economic regime applicable to a marriage already registered when that is not previously and writings of capitulation is not brought will require the processing of an act of notoriety.

Executed before notary deed of marriage settlements, should this send same-day electronic certified copy of the deed to the charge of the corresponding Civil Register for their perseverance in the registration of marriage. If the marriage not is had held to the date of reception of it writing of capitulations double, the charge of the record will proceed to its annotation in the record individual of each spouse.

3. in inscriptions that produce the capitulations and other facts affecting the marital economic regime in any other registry, your registration data shall be expressed in the Civil Registry.

«4. without prejudice to the provisions of article 1333 of the Civil Code, in any case the third party in good faith will be handicapped but from the date of registration of the marital economic regime or its modifications.»

5. Article 61 is drawn up in the following way: «article 61. Registration of separation, annulment and divorce.

The clerk of the Court or Tribunal that would have rendered the firm separation, annulment or divorce judgment shall be sent on the same day or the following business and electronic testimony of the same to the General Registry Office Civil, which practise the corresponding registration immediately. Judicial decisions that resolve about the annulment, separation and divorce may be annotation object until they acquire firmness.

The same obligation shall have the notary who authorized the public deed formalizing an agreement of separation or divorce.

Judicial decisions or the public deeds that modify those initially adopted or agreed should also be entered in the Civil Register.

Resolutions on dissolution of canonical marriage, dictated by ecclesiastical authority recognised, shall be recorded if they comply with the requirements foreseen by the law.»

6. Article 67. Special cases of registration of the death.

"1. where the corpse had disappeared or had been buried before the registration, shall be required resolution of the clerk of the Court declaring the death or order of the judicial authority it legally proving the death."

7. Article 74 paragraph 1 is drawn up in the following way: «1. have access to the individual log representation of the absent and the designation of judicial defender in the case referred to in Article 299 bis of the Civil Code. "

8. A new paragraph 3 is added to article 78: «3. In the inscriptions of the Declaration of absence and death shall be recorded as is prevented in article 198 of the Civil Code."

9. (2) of the second final provision is worded as follows: «2. references that are in any standard to judge, Mayor or official that make their competent times to allow civil marriage, be referred to the court clerk, notary, responsible for the Civil Registry or diplomatic officer or consular Manager of the Civil Registry to verify compliance with the requirements of capacity and the absence of impediments or its dispensation;» and to the Justice of the peace, Mayor or Councillor this delegated, court clerk, notary, or diplomatic officer or consular Manager of the Civil Registry for the celebration to them of marriage in civil form.»

10. The fifth final provision of the Civil Registration Act is worded as follows: «fifth final provision. Municipal taxes.

«A paragraph 5 shall be added to article 20 of the text revised Act regulating local treasuries promulgated by Royal Legislative Decree 2/2004, of 5 March, with the following wording: 5. the municipalities may establish a fee for the celebration of marriages in civil form.»

Eleven. A fifth final provision is added, with the following wording: «bis fifth final provision. Notarial duties.

The Government will approve tariffs corresponding to the intervention of notaries in the processing of previous marriage records and for marriages in civil form with the permission of the respective public writings.»

12. The tenth final provision is drafted in the following way: «tenth final disposition. Entry into force.

This law shall enter into force June 30, 2017, except the additional provisions seventh, eighth and final provisions third and sixth, which shall enter into force the day following its publication in the "official bulletin of the State".

Pending the entry into force of this law, the Government, through the Ministry of Justice, shall take measures and regulatory changes affecting the Organization and operation of civil records in the process of modernization of Justice.'

Fifth final provision. Modification of law 24/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of Evangelical religious entities of Spain.

Paragraphs 2 and 5 of article 7 are written as follows: «2. persons wishing to marry in the manner provided in the preceding paragraph will promote record or record prior to the marriage before the clerk, notary, responsible for the Civil Registry or diplomatic officer or consular officer the registry Civil corresponding subject to the Civil Registration Act.» «» 5. once celebrated marriage, worship officiant Minister extend expressive certification of the celebration of the same, with the requirements for registration and the mentions of identity of witnesses and the circumstances of the Act or prior record which shall necessarily include the name and surname of the clerk, notary, responsible for the Civil Registry or diplomatic or consular official that had extended it date, number of Protocol where appropriate. This certification shall be sent by electronic means, in the form that statutorily is determined, together with the certification of accrediting the status of Minister of worship, within the five days to the Manager of the competent Civil Registry for registration. Also extend in two copies of the Act or resolution diligence expressive of the celebration of the marriage by giving one to the Contracting Parties and shall keep the other as the Act of celebration in the file of the officiant or the religious entity that it represents as Minister of worship.»


Sixth final provision. Modification of law 25/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of communities Israelites of Spain.

One. The title of this law what is changed to «law 25/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of Jewish communities of Spain».

Two. Paragraphs 2 and 5 of article 7 are written as follows: «2. persons wishing to marry in the manner provided in the preceding paragraph will promote record or record prior to the marriage before the clerk, notary, responsible for the Civil Registry or diplomatic officer or consular officer the registry Civil corresponding subject to the Civil Registration Act.» «» 5. a time celebrated the marriage, the Minister of cult officiating extend certification expressive of the celebration of the same, with them requirements necessary for their registration and them mentions of identity of them witnesses and of them circumstances of the record Act prior that necessarily will include the name and surnames of the Secretary judicial, notary, responsible of the record Civil or official diplomatic or consular that it had extended date, number of Protocol where appropriate. This certification shall be sent by electronic means, in the form that statutorily is determined, together with the certification of accrediting the status of Minister of worship, within the five days to the Manager of the competent Civil Registry for registration. Also extend in two copies of the minutes or prior resolution of matrimonial capacity diligence expressive of the celebration of the marriage by giving one to the Contracting Parties and shall keep the other as the Act of celebration in the file of the officiant or the religious entity that represents as Minister of worship.»

Three. Add a new fourth additional provision with the following wording: «fourth additional provision. Designation of the Federation.

By agreement of the parties is to replace the name of Federation of communities Israelites of Spain by the Federation of Jewish communities of Spain, which will be used in the future.

Made references to the Federation of communities Israelites of Spain in this agreement of cooperation of the State with the Federation of communities Israelites of Spain, as well as those provided for in rules to be understood made to the Federation of Jewish communities of Spain."

Seventh final disposition. Modification of law 26/1992, of November 10, which approves the agreement of cooperation of the State with the Islamic Commission of Spain.

Paragraphs 2 and 3 of article 7 are written as follows: «2. persons who wish to register the marriage celebrated in the manner provided in the previous issue, must prove their ability to double, with copy of the minutes or prior resolution issued by the court clerk, notary, responsible for the Civil Registry or diplomatic officer or consular Manager of the Civil Registry in accordance with the Civil Registration Act previously and must contain» , where appropriate, accrediting trial of matrimonial capacity. You can not practice registration if he has had concluded the marriage after more than six months from the date of that act or from the date of the corresponding resolution.

3. once celebrated marriage, the representative of the Islamic community that had shrunk that extend expressive certification of the celebration of the same, with the requirements for registration and mentions the circumstances of record or previous record which shall necessarily include the name and surname of the clerk, notary, responsible for the Civil Registry or diplomatic or consular official that had extended it date, number of Protocol where appropriate. This certification shall be sent by electronic means, in the form that statutorily is determined, together with the supporting certification of the representative of the Islamic community capacity to celebrate marriages, in accordance with the provisions of paragraph 1 of article 3, within the five days to the Manager of the competent Civil Registry for registration. Also extend in two copies of the minutes or prior resolution of matrimonial capacity diligence expressive of the celebration of the marriage, giving one to the Contracting Parties and shall keep the other as the Act of celebration in the file of the community.'

Disposal the eighth. Modification of law 33/2003 of November 3, heritage of the public administrations.

One. Paragraph 6 of article 20 is drawn up 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 supplementary rules or right provincial or special rules that were applicable.»

When in the absence of other legitimate heirs under the civil law common or Basque it is called the General Administration of the State or the autonomous communities, it shall be called management to happen in each case carry out administrative Declaration of its status as Crown intestate, once duly justified the death of the person whose succession question «, the origin of the opening of the intestate and succession noted the absence of other legitimate heirs.»

Two. Added a new article 20 bis: "article 20 bis.» Procedure for the Declaration of the Government as Crown intestate.

1. the procedure for the Declaration of the Crown intestate administration will begin officially, by agreement of the competent authority, adopted on its own initiative or as a result of higher order, reasoned request of other bodies or complaint, or by virtue of the communications referred to in article 791.2 Law 1/2000, of 7 January Code of Civil procedure and article 55.4 from 28 May 1862 of the Notaries Act.

In the event that the call corresponds to the General Administration of the State, the body competent to agree the initiation will be the General Director of the heritage of the State.

2. the record shall be instructed by the delegation of economy and finance to the place of the last known address of the deceased in Spanish territory. Not having never registered in Spain, shall have jurisdiction for the place is where most of their property.

Where is considered that processing the file does not correspond to the General Administration of the State, will be transfer to the competent regional administration to do so.

3. the agreement of initiation of proceedings will be published free of charge in the "official bulletin of the State" and, when the processing is made 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 broadcasting. A copy of the agreement will be submitted for publication in the bulletin boards of the municipalities corresponding to the last domicile of the deceased, to the place of death and where most of their property is situated. The edicts must be exposed during the period of one month.

Anyone interested may submit allegations or provide documents or other evidence prior to the resolution of the procedure.

4. the delegation of economy and finance will carry out checks that are necessary to determine the origin of the inheritance rights of the General Administration of the State and acts, and shall include in the record how much data can get about the deceased and their property rights.

For these purposes, if such documentation has not been referred by the Court or the notary, it shall request of authorities and public officials, records and other public files, the information about the deceased and goods and rights of ownership that it deemed necessary for the best examination of the case. Such information, in accordance with article 64, will be provided for free.

Also the cooperation referred to in article 62 may request of the citizens.

5. the law of the State of the province shall issue a report on the adequacy and sufficiency of the performed actions to declare the General Administration of the State as Crown intestate.

6. the decision record and, where appropriate, the statement of Crown intestate in favor of the State contains the administrative allocation of the property and rights of inheritance, corresponds to the General Director of the heritage of the State, following a report from the advocacy General of the del service law of the State.

The deadline for the resolution of the procedure shall be one year. However, if judicial inventory of assets of the deceased not had communicated to the Administration ten months from the commencement of the procedure, the deadline for resolving means extended until two months after its reception.


7 resolution handed down shall be published in the same places in which it had announced the initiation of the record agreement and communicate, where appropriate, to the judicial body that would be knowing of the intervention of the estate. The resolution which declares the inadmissibility of declared heiress to the administration shall, in addition, notified to the persons entitled to inherit.

8. the administrative acts in the procedure in this section only may be challenged before the administrative courts for breach of the rules on competence and procedure, prior exhaustion of administrative remedies. Who are considered disadvantaged in terms of their right to inheritance or other civilian objects by the Declaration of the Crown intestate or the allocation of assets in favour of the Administration may exercise appropriate action before the organs of the civil court order, prior claim in administrative proceedings according to the regulations of title VIII of the law 30/1992 26 November, legal regime of public administrations and common administrative procedure."

3. Added a new article 20 ter: "article 20 ter. Effects of the Declaration of the Crown intestate.

1 made the administrative Declaration of Crown intestate, which will entail the acceptance of the inheritance for the benefit of inventory, you can proceed to take possession of the property and rights of the deceased and, where appropriate, to obtain from the judicial authority delivery of them which are in his custody.

2. the goods and not included in the inventory of the judicial rights of the deceased and identify subsequent to the Declaration of the General Administration of the State as Crown intestate and the allocation of the property and inheritance rights, will be incorporated into the estate and will be awarded by resolution of the General Director of the heritage of the State and through the investigation procedure regulated in article 47.

However, in cases in which the right to property of the deceased is in public records or book-entry systems, or stemmed from ownership of bank accounts, securities, stocks, deposits, and, in general, in any cases in which the right is indubitado to be seated in a formal ownership, the incorporation of the assets will be held by agreement of the delegate of economy and finance.

3. for the purposes of these proceedings of research, authorities and officials, records and other public records, shall supply free of charge the information at their disposal on the property and rights of ownership of the deceased. Equal obligation to cooperate and provide the information in their possession will have the organs of the tax administration.

4. for the purposes referred to in articles 14 and 16 of the mortgage law, the administrative Declaration of Crown intestate in containing the awarding of hereditary property, or, where appropriate, the subsequent resolutions of the Director General the heritage of the State or the delegate of the Exchequer according the incorporation of assets and rights to the relic flow and its award they will be sufficient title to sign in favor of the Administration in the registry of property real estate or real rights that were therein on behalf of the deceased. If real estate or rights in rem were not previously registered, the title will be enough to proceed with your registration.

Responsibilities 5 not be derived for the General Administration of the State by reason of the ownership of the property and rights of the estate until the moment in which these shall be delivered to him by the Court, or take actual possession of the same."

Four. Added a new article 20 quater: "article 20 quater. Liquidation of the estate.

1. a time is find in possession of it heritage, it Administration General of the State will proceed to the liquidation of them goods and rights of the same, distributing is the amount obtained in the form planned in the article 956 of the code Civil.

2. However, the Council of Ministers, addressed the characteristics of the goods and rights included in the relict flow, may exclude from the liquidation and sharing all or some of them.

3. also, the Director General of the heritage of the State may exclude of the liquidation those goods that agree keep in the heritage of the Administration General of the State for its affectation or secondment to purposes or services own of their organs or of them agencies public dependent. In this case, if the value of those goods exceeding the third that corresponds to the General Administration of the State, will be offset the surplus to the rest of the flow through the corresponding budget modification.

4. Once approved the settlement of the intestate account and made the entry of the relevant amounts in the Treasury, credit will be generated by an amount equivalent to two-thirds of the value of the relict stream heading contained in the General State budget for transfers for purposes of social interest which is endowed with the tax allocation for this purpose for the full share of the tax on the income of persons Physical.»

5. Added a new twenty third additional provision: «twenty third additional provision. Hospital of our Lady of grace of Zaragoza intestate succession.

As Crown intestate of the Hospital of our Lady of grace of Zaragoza will be held by the Diputación General de Aragón."

6. Added a new additional provision twenty fourth.

«Twenty fourth additional provision. Succession intestacy of the territorial Governments of the historical territories of the Basque country.

The Declaration as heiresses intestacy of the territorial Governments of the historical territories of the Basque country will be held by the corresponding provincial Council.»

7. Paragraphs 1, 2 and 5 of the second final provision amending: ' 1. the following provisions of this Act are issued under cover of the exclusive competence of the State in procedural legislation of the article 149.1.6. ª of the Constitution, and are of general application article 20 bis, paragraph 8;» Article 43; and article 110, paragraph 3.

2. the following provisions of this Act are issued on the basis of article 149.1.8. ª of the Constitution, and are of general application, without prejudice to statutory or special civil rights provisions, there where they exist: article 4; Article 5, paragraphs 1, 2 and 4; Article 7, paragraph 1; Article 15; Article 17; Article 18; Article 20, paragraphs 2, 3 and 6; Article 22; Article 23; Article 30, paragraphs 1 and 2; Article 37, paragraphs 1, 2 and 3; Article 38, paragraphs 1 and 2; Article 39; Article 40; Article 49; Article 53; Article 83, paragraph 1; Article 97; Article 98; and article 99, paragraph 1.»

«5. have the character of the basic law, in accordance with provisions of article 149.1.18. ª of the Constitution, the following provisions of this Act: article 1;» Article 2; Article 3; Article 6; Article 8, paragraph 1; paragraphs 1 to 6 of article 20 bis; Article 20 ter, article 27; Article 28; Article 29, paragraph 2; Article 32, paragraphs 1 and 4; Article 36, paragraph 1; Article 41; Article 42; Article 44; Article 45; Article 50; Article 55; Article 58; Article 61; Article 62; Article 84; Article 91, paragraph 4; Article 92, paragraphs 1, 2, and 4; Article 93, paragraphs 1, 2, 3 and 4; Article 94; Article 97; Article 98; Article 100; Article 101, paragraphs 1, 3 and 4; Article 102, paragraphs 2 and 3; Article 103, paragraphs 1 and 3; Article 106, paragraph 1; Article 107, paragraph 1; Article 109, paragraph 3; Article 121, paragraph 4; Article 183; Article 184; Article 189; Article 190; Article 190 bis; Article 191; first transitional provision, paragraph 1; fifth transitional provision; the additional provision twenty third and twenty fourth.»

Ninth final disposition. Modification of law 50/1980, of 8 October, insurance contract.

The sixth paragraph of article 38 happens to have the following wording: "when there is no agreement among the experts, both parties shall designate a third arbitrator in accordance. This absence, you may promote record as provided in the law of the voluntary jurisdiction or notarial legislation. In these cases, the expert opinion will be issued within the time specified by the parties or, failing this, in the thirty days from acceptance of his appointment by the third expert.»

Tenth final disposition. Modification of law 41/2003, 18 November, asset protection of persons with disabilities and modification of the Civil Code, the law of Civil procedure and the tax legislation for this purpose.

Amending paragraph 2 of article 5, which happens to have the following wording:


'2. in other cases, management rules, laid down in the public document of Constitution, must provide for mandatory judicial authorisation in the same cases that required the guardian with respect to the assets of the ward, pursuant to articles 271 and 272 of the Civil Code or, where appropriate, in accordance with the rules of civil law Government or special, that they were applicable.

Notwithstanding the provisions of the preceding paragraph the authorization is not required when the beneficiary has capacity to act sufficient.

The public auction for the alienation of the property or rights belonging to protected heritage is required in any case.

In any case, and in keeping with the purpose of assets protected from meeting the vital needs of their owners, the same goods and rights in integrated, as well as its fruits, products and performances, will not be considered acts of disposal spending money and consumption of consumables in the protected heritage When making to meet the vital needs of the person receiving.»

Eleventh final disposition. Amendment of the Act of May 28, 1862, of notaries.

One. Introduces a new title VII, with the following content: «Title VII intervention of notaries in records and special proceedings chapter I General rules article 49.»

Notaries engage in special records authorizing acts or deeds: 1 when the record is intended the Declaration of will's who urge it or carrying out of a legal act, involving provision of consent, the notary shall authorize a public deed.

2nd when the record object is the confirmation or verification of a fact, the perception of the same, as well as their judgments or ratings, notary shall extend and authorize an act.

Article 50.

1. in the month of January of each year be interested by the Dean of each Notary Association of various professional associations, similar entities, as well as academies and cultural and scientific institutions dealing with the study of the corresponding to the object of expertise matters sent a list of collegiate or members willing to act as experts will be available to the notaries in the Notary Association. They may also request to be part of that list those professionals who prove necessary expertise in the relevant subject, regardless of their belonging or not to a professional school. The first designation of each list should be by draw made in the presence of the Dean of the Notarial College, and from it the following designations shall be made by the school by sequential order as they are requested by notaries who belong to the same.

2 when you appoint expert person without official, practical or understood in the subject title, prior summons of the parties, the designation will be done by the procedure laid down in the preceding paragraph, using for this purpose a list of people who each year are you prompted unions, associations and appropriate entities, and must be composed of at least five of those people. Provided, because of the uniqueness of the subject's opinion, only the name of a person understood or practical, is ask for consent of the parties, and only if all give him expert shall be appointed to that person.

Chapter II of the acts and deeds in matrimonial matters section 1 of the Marriage Act and the public deed of marriage article 51.

1. those who go to marriage for which required act in which is found the compliance with the requirements of capacity of both parties, the absence of impediments or its dispensation, or any kind of obstacles for marriage, must urge previously processing before the notary having their residence in the place of domicile of any of them.

2. the application, processing and approval of the minutes shall comply with provisions in article 58 of the law 20/2011, 21 July, from the Civil Registry and in matters not provided in this law.

Article 52.

1. If the Act were favorable to the celebration of the marriage, this will take place before the notary who has involved in the processing of that through the granting of public deed in which shall be recorded all the circumstances set out in the Civil Registration Act and its regulations.

2. when the parties, in the initial application or during the processing of the Act, have requested the provision of consent is made before a Justice of the peace, the mayor or Councillor delegated this or another notary, copy of the minutes shall be sent to the chosen celebrant, which shall be limited to celebrate marriage and minutes or grant deed, as appropriate with all the requirements legally required.

3 If the marriage is in danger of death, the notary will grant deed where is collected the matrimonial consent provision, medical opinion about its ability to provide this and the gravity of the situation when the risk arises of disease or physical condition of any of the parties, unless proven impossible. Later, the notary will proceed to the processing of the Act of verification of the validity of the marriage requirements.

Section 2 of the Act of notoriety for the consistency of the legal marital economic regime article 53.

1. those wishing to do expressly state in the Civil Registry legal marital economic regime that corresponds to their marriage when this non constare previously must apply for the processing of an act of notoriety to the notary with residence in any conjugal households that had, or the domicile or habitual residence of either spouse, or where were most of their property or where to develop your labor or business activity , at the option of the applicant. You can also choose a notary of a district adjacent to the former.

2. the request of the Act shall be accompanied by documents showing identity and domicile of the applicant. The absence of a registered marital economic regime must provide proof with the registry information.

Applicants must assert the certainty of the positive and negative events that are be found Act, will provide the documentation they deem appropriate for the determination of the facts and shall submit the supporting documents in the civilian neighborhood at the time of marriage, and if not do so, shall provide information of at least two witnesses who ensure the reality of the facts that the application of the marital economic regime arises legal.

3 finalising the earlier proceedings, the notary shall state his trial set over whether facts are accredited by notoriety and, if it considers sufficiently accredited legal economic regime of marriage, send, on the same day and by electronic means, electronic copy of the certificate to the appropriate Civil Registry. Otherwise, the notary will also close the Act and noncompliant applicants may exercise their right at the trial concerned.

Section 3. Writing it publishes marital separation or divorce article 54.

1. the spouses, when they do not have minor children not emancipated or judicially modified capacity that depend on them, may agree to their marital separation or divorce by mutual agreement, through the formulation of a regulatory agreement in writing. They must give their consent before the notary of the last common place of residence or domicile or habitual residence of either of the applicants.

2. the spouses shall be assisted in the granting of the public deed of lawyer in exercise.

3. the application, processing and granting of the deed shall comply with provisions in the Civil Code and of this law.

Chapter III of the records in the field of inheritance section 1 of the Declaration of article 55 intestate heirs.

1. those who consider themselves entitled to succeed a person who died intestate and are their descendants, ascendants, spouse or person linked by similar affectivity relationship to the conjugal or collateral relatives, may appeal the Declaration of intestate heirs. This will be processed in Act of visibility authorized by competent notary to act in the place in which the deceased had his last domicile or habitual residence, or where is the greater part of their heritage, or the place they died, whenever they were in Spain, at the option of the applicant. You can also choose a notary of a district adjacent to the former. In the absence of all of them, shall be competent to the notary of the place of domicile of the applicant.

2. the minutes will begin at the request of any person with a legitimate interest, in the opinion of the notary, and their processing shall be carried out pursuant to the provisions in this law and notarial regulations.

Article 56.


1. the request for the initiation of the Act shall contain the designation and identifying data of persons that the applicant considers calls to inheritance and be accompanied by the supporting documents of the relationship with the deceased of persons designated as heirs, as well as the identity and address of the deceased. The death of the deceased shall be accredited in any case and that this took place without title succession through the Civil Registry and the General Register of acts of last will information, or, where appropriate, through authentic document which is in the opinion of the notary, fully, coming despite the existence of a will or contract of inheritance, the intestate succession, or by a judgment declaring the invalidity of the inheritance title or the institution of heir. The documents submitted or testimony of the same will be included in the minutes.

The applicant must assert the certainty of the positive and negative events that is to be found the Act and must provide witness information that the person whose succession question died without provision of last will and that the appointees are his only heirs.

When any of those interested were minor or person with ability to judicially amended and lacked legal representative, the notary shall this circumstance to the public prosecutor for you urge the appointment of a judicial Defender.

2. in the Act must be necessarily, contain at least the Declaration of two witnesses who aseveren that own science or notoriety positive and negative facts whose statement of notoriety is intended to comprise them. Such witnesses may be, in your case, relatives of the deceased, either by consanguinity or affinity, when they do not have direct interest in succession.

The notary, in order to ensure the hearing by any interested party, shall, in addition to the tests proposed by the applicant, which may be appropriate, and in particular those addressed to prove their identity, domicile, nationality and neighbourhood civil and, where appropriate, the applicable foreign law.

If it ignored the identity or domicile of any of the interested parties, the notary shall obtain, through trade, the aid of organs, public and consular authorities which, by reason of their competence, files or records concerning the identity of persons or their homes, to the information requested, be waged him if possible.

If it not achieved to determine the identity or the address of any of the interested parties, the notary must give publicity to the procedure of the Act by notice published in the "official bulletin of the State" and may, if it deems it convenient, to use other additional means of communication. It must also expose the announcement of the Act on the bulletin boards of the municipalities corresponding to the last domicile of the deceased, to the place of death, if it is different, or the place where lie the greater part of its real estate.

Any interested party may oppose the claim, appeals or providing documents or other evidence within the period of one month starting from the day of publication or, where appropriate, of the last exhibition of the announcement.

3 finalising the previous proceedings and after period of twenty working days, counting from the initial request or termination of the term of the given month to make claims if you have published announcement, notary shall state his view of joint accreditation by the notoriety of the facts and assumptions on which is based the Declaration of heirs. Anyone who was the judgement of the notary, will end the minutes and will proceed to its formal recording.

If so, declare what relatives of the deceased is intestate heirs, expressing their circumstances of identity and rights that correspond them inheritance by law.

Shall be recorded in the minutes of the reserve of the right to exercise his claim before the courts which had uncredited in the opinion of the notary their right to inheritance and that not had been able to be reached. Who are considered handicapped in their right also may go to the declarative process that corresponds.

Made the Declaration of the Crown intestate, is may, where appropriate, request of the judicial authority the delivery of the goods which are under their custody, unless any of the heirs asked the judicial division of the inheritance.

4 after two months since cited stakeholders without that nobody had been or if they were declared non-which have been claiming the inheritance and if in the opinion of the notary no person entitled to be called, shall be sent copy of the minutes of the proceedings to the delegation of appropriate finance if it appears from the administrative Declaration of heir. Where such a declaration is not consistent with the General Administration of the State, the aforementioned delegation will give transfer of such notification to the competent regional administration to do so.

Section 2 of the presentation, adveracion, opening and probate of wills closed article 57.

1. the presentation, adveracion, opening and closed Wills Probate shall be competent notary to act in the place in which the deceased had his last domicile or habitual residence, or where is most of its heritage, regardless of its nature in accordance with applicable law, or in the place in which died , provided that were in Spain, at the option of the applicant. You can also choose a notary of a district adjacent to the former. In the absence of all of them, shall be competent to the notary of the place of domicile of the applicant.

2. If ten days after the death of the grantor, the Testament was not submitted in accordance with provisions in the Civil Code, any interested party may request a notary requiring a person who has in his possession a closed will present it to him. The identification data of the deceased and, using information from the Civil Registry and the General Register of acts of last will, the death of the grantor should be accredited and if granted other testamentary provisions. If it were strange to the family of the deceased, in addition, must be express and accredit the request the reason by which creates an interest in the presentation of the Testament.

3 when you appear before a notary who has in his possession a testament closed pursuant to the duty laid down in article 712 of the Civil Code and appears to have no interest in the adveracion and probate of the will, the notary will require to those who might have interest in heritage, in accordance with the statement made by the appearing party, and, in any case if they were known to you to the surviving spouse, descendants and ascendants of the testator and, in the absence of these, relatives side up to fourth grade so that they promote record notary competent, if you interested them.

When any of those interested were minor or person with ability to judicially amended and lacked legal representative, the notary shall this circumstance to the public prosecutor for you urge the appointment of a judicial Defender.

4 If the identity or address of these people is ignored, the notary will record advertising in bulletin boards of the municipalities corresponding to the last place of residence or habitual residence of the deceased, to the place of the death if it were different, and where most of their property, without prejudice to the possibility of using other additional media is situated. Ads must be exposed during the period of one month.

5 after three months of which were requirements or from the expiry of the deadline of the last exhibition of the ad has been submitted the Testament, despite the requirement, or without that any interested party has promoted the record, filed the same, without prejudice to resume it at the request of any interested party.

Article 58.

1. who present the Testament or other interested party, may request the notary so that, once certified the death of the testator, cite to the earliest possible date to the notary authorising the Testament, if it were different, and, in his case, the instrumental witnesses who had taken part in the granting.

2. the cited witnesses, who had appeared on the appointed day, shall be examined and be put revealed the closed tender for that examination and if they recognize as legitimate the signature and header appearing with his name on it, and if they are in the same State had when they put their signature to declare under oath or affirmation.

3 when not appear one or several of the above, will you ask others if they saw that these put his signature and header. The notary may agree, if he deems it necessary, the matching of lyrics and other proceedings leading to the ascertainment of the authenticity of the signatures of the no comparecidos and the deceased.

Article 59.


1. practiced them proceedings to is concerns the article previous, and resulting of them that in the granting of the Testament is have saved them solemnities prescribed by the law, the notary will open the specification and will read in voice high it available testamentary, unless contains available of the testator ordering that any or some clauses are reserved and secret until some time in which case the reading shall be limited to the other clauses of the testamentary disposition.

2. the relatives of the testator or others who can show off any interest may witness opening the specifications and reading of the will, if they do by suitable, without allowing them that oppose the practice of diligence for no reason, although they present another further testament.

Article 60.

1 completed the previous steps, the notary will extend Act of notarization, in accordance with this Act and its implementing regulation.

2. when the notary concludes that the will does not meet the solemn ceremonies prescribed by law or that in his view the authenticity of the statement was not accredited, shall keep it so, will close the Act and shall not authorise the probate of the will.

Every authorized or not, interested non-compliant parties may exercise their right at the trial concerned.

Section 3 of the presentation, adveracion, opening and notarisation of holograph wills article 61.

1. the presentation, adveracion, opening and holograph wills probate shall be competent notary to act in the place in which the deceased had his last domicile or habitual residence, or where is most of its heritage, regardless of its nature in accordance with applicable law, or in the place in which died , provided that were in Spain, at the option of the applicant. You can also choose a notary of a district adjacent to the former. In the absence of all of them, shall be competent to the notary of the place of domicile of the applicant.

2. If ten days after the death of the grantor, the Testament was not submitted in accordance with provisions in the Civil Code, any interested party may request a notary requiring a person who has in his possession a Holograph will present it to him. The identification data of the deceased and, using information from the Civil Registry and the General Register of acts of last will, the death of the grantor should be accredited and if granted other testamentary provisions. If it were strange to the family of the deceased, in addition, it must be expressed in the application the reason by which creates an interest in the presentation of the Testament.

3 when you appear before a notary who has in his possession a Holograph Testament in fulfillment of the duty established in article 690 of the Civil Code and appears to have no interest in the adveracion and the Testament notarization, the notary shall proceed pursuant to paragraph 3 of article 57.

4. no requests that occur after five years since the death of the testator will be accepted.

Article 62.

1 presentation of the Holograph will, at the request of those who present it or other interested party, the notary shall require so that they appear before him, on the day and time indicated, the surviving spouse, if it has, the descendants and ascendants of the testator and, in the absence of each other, the collateral relatives up to the fourth degree.

2 if it ignored their identity or place of residence, the notary will record advertising on bulletin boards of the municipalities corresponding to the last address or residence of the deceased, to the place of the death if it were different, and where most of their property, without prejudice to the possibility of using other additional media is situated. Ads must be exposed during the period of one month.

3 when any concerned person were minor or person with ability to judicially modified and lacks legal representative, the notary shall this circumstance to the public prosecutor so that it urge the appointment of a judicial Defender.

4. If the applicant had asked the notary the attendance of witnesses to testify about the authenticity of the will, the notary will quote them so they appear before it in the date and time indicated.

5. on the appointed day, the notary will open the Holograph Testament when in closed specification, rubricará it in all of their leaves and be examined witnesses. When at least three witnesses, who knew the letter and signature of the testator, declare that they're not rational doubt that was handwritten and signed by him, you can dispense with witness statements that lacks.

In the absence of suitable witnesses or if they doubt the examinees, the notary may agree, if he sees fit, that is practiced a calligraphic expert evidence.

6. stakeholders may witness the practice of proceedings and make observations that consider necessary about the authenticity of the Testament, which, if any, will be reflected by the notary in the Act in the Act.

Article 63.

If the notary considers justified the authenticity of the will, it will authorize the notarisation Act and issued copy of it to interested parties who request it.

Otherwise, you shall keep it as well, close the Act and shall not authorise the probate of the will.

Authorized or not the probate of the Testament, those interested not compliant may exercise its right in the trial that corresponds.

Section 4 of the presentation, adveracion, opening and probate of wills granted orally article 64.

1. the presentation, adveracion, opening and probate of wills granted orally shall be competent notary to act in the place in which the deceased had his last place of residence or habitual residence or where is most of its heritage, regardless of its nature in accordance with applicable law, or in the place in which died , provided that were in Spain, at the option of the applicant. You can also choose a notary of a district adjacent to the former. In the absence of all of them, shall be competent to the notary of the place of domicile of the applicant.

2. any interested party may ask the notary to grant the corresponding act of notarization of the Testament given orally.

3 shall register the identification data of the deceased and, using information from the Civil Registry and the General Register of acts of last will, the death of the grantor and if granted other testamentary provisions. If it were strange to the family of the deceased, in addition, it must be expressed in the application the reason by which creates an interest in the presentation of the Testament.

The application note, the memory or the support in which is recorded the voice or audio and video with the latest provisions of the testator, provided that allow its reproduction, and had been taken to grant the Testament must be accompanied.

Also the names of the witnesses that need to be cited by the notary so they appear before him for the purpose of granting shall be expressed.

Article 65.

1. the notary, after accepting the request, will quote witnesses has indicated the applicant, so that they appear before it in the date and time are indicated. If the cited as a witness, not to appear and not claimed cause justifying his absence, the notary will return to practice citation indicating the date and time of the new hearing.

When the will of the testator has been consigned in any note, memory, or durable magnetic or digital support, it will show witnesses so they say if it is the same that was read them or recorded and if they recognize legitimate by their respective signatures and headings, in the case of putting them.

2 they are applied the provisions laid down in the previous articles regarding the citation and the presence of those who had interest in the practice of these measures.

3. the notary will reflect all actions in the minutes and shall authorize the probate of the will, with the quality of without prejudice to third, where witness statements are clear and strictly accredited the following circumstances: 1 what attended legal causes for the granting of the Testament in oral form.

2nd that the testator was meant seriously and deliberately give their ultimate disposal.

3rd that witnesses heard simultaneously from mouth of the testator all provisions that wanted to have as his last will, well manifested it in Word, either reading or to read any notes or memory that is contains.

4th as witnesses were in the number that required by law, according to the circumstances of place and time in which it was given, and that they meet the qualities required to be witness in wills.

4. when some divergence is in the statements of the witnesses, shall be so recorded in the minutes and only those events in which all are compliant protocolizarán how probate. If they are not in any of the demonstrations, without probate record will be filed.


5. If last wish has been included in note, memory or magnetic or digital support lasting, in the Act of granting, will have as a testament that it is provided that all witnesses are compliant in their authenticity, even if some of them do not remember any of their provisions and thus will be reflected in the Act of notarization which shall be attached the note , memory or support magnetic or digital durable.

6 If the notary public does not consider justified the authenticity of the will shall keep it so, will close the Act and shall not authorise the probate of the will.

Authorized or not the probate of the will, interested non-compliant parties may exercise their right at the trial concerned.

5th of the albaceazgo and splitters counters section datives article 66.

1 the notary authorized public deed: to) in the case of resignation of the executor in charge or extension of the period of the albaceazgo because just cause.

(b) for the appointment of contador-partidor dative in the cases provided for in article 1057 of the Civil Code. The appointment will take place in accordance with the provisions in article 50.

(c) in cases of resignation of the named contador-partidor or for extension of the deadline for the implementation of your order.

(d) for the adoption of the partition made by the contador-partidor when necessary by not having confirmation express all the heirs and legatees.

2. the notary who has his residence in the place in which the deceased had his last domicile or habitual residence, or where is the greater part of its heritage, regardless of its nature in accordance with applicable law, or in the place in which died, whenever they were in Spain, at the option of the applicant shall be competent. You can also choose a notary of a district adjacent to the former. In the absence of all of them, shall be competent to the notary of the place of domicile of the applicant.

3. the notary may also authorize public deed, if it were required to do so, excuse or acceptance of the position of executor.

Section 6th of the formation of inventory item 67.

1 it shall be competent for the formation of inventory of the assets and rights of the deceased for the purposes of accept or repudiate inheritance by calls to it, the notary residing in the place in which the deceased had his last domicile or habitual residence, or where is the greater part of its heritage, regardless of its nature in accordance with the applicable law , or in the place in which died, whenever they were in Spain, at the option of the applicant. You can also choose a notary of a district adjacent to the former. In the absence of all of them, shall be competent to the notary of the place of domicile of the applicant.

2. the heir who request the formation of inventory must present their title of hereditary succession and must prove to the notary either check this through the Civil Registry and information the General Register of acts of last will the death of the grantor and the existence of testamentary.

3 accepted the request, the notary shall quote to the creditors and legatees so come, if he agreed to them, to watch the inventory. If they ignored their identity or place of residence, the notary will record advertising in bulletin boards of the municipalities corresponding to the last place of residence or habitual residence of the deceased, to the place of the death if it were different, and where most of their property, without prejudice to the possibility of using other additional media is situated. Ads must be exposed during the period of one month.

Article 68.

1. the inventory shall commence within thirty days of the citation of the creditors and legatees.

2. the inventory shall contain ratio of assets of the deceased, as well as writings, documents and papers of importance which are, referring to real and personal property. Real estate registered in the land registry, they will contribute or certifications of domain and loads will be obtained by the notary. The cash and securities deposited in financial institutions, it will provide certification or document issued by the depositary institution, and if such securities were subject to official listing, your valuation date will be included. If the nature of the goods consider stakeholders required the intervention of experts for their evaluation, it shall designate them the notary pursuant to the provisions of this law.

3. the liabilities include relationship official debts and obligations as well as the deadlines for compliance, requesting creditors up-to-date indication of the amount thereof, as well as the circumstance of being defeated and not met. Not be received by creditors response, will include the amount of the debt or obligation entirely.

4. the inventory shall conclude within sixty days from its inception. If just cause is considered insufficient within sixty days, may the notary extend it up to the maximum of one year. Finished inventory, it closes and protocolize the minutes. The rights of third parties will be safe in any case.

Chapter IV of the records relating to obligations section 1 of the offer of payment and the appropriation article 69.

1. the offer of payment and the consignment of the goods concerned may be carried out before a notary.

2 which promote record expressing the data and circumstances of identification of those interested in the obligation to which it relates the offer of payment or appropriation, domicile in which can be found as well as the reasons for the action, all matters relating to the purpose of the payment or the provision and making it available to the notary.

3. when the consigned goods consist of money, securities and financial instruments, in the broad sense, shall be deposited by the notary necessarily the partner financial institution of the administration of Justice.

If they were of a different nature to those listed in the preceding paragraph, the notary will have their deposit or arrange their custody to establishment suitable for this purpose, making sure that adopting the necessary measures for their conservation, which will be properly justified for diligence in the minutes.

4. the notary shall notify interested parties the existence of the offer of payment or appropriation, to the effects that within the period of ten working days to accept payment, withdraw the proper thing or made allegations deemed appropriate.

If the creditor answered the requirement by accepting payment or as recorded time, the notary will make delivery of the goods on record stating that fact, giving end record.

If, after this period not appropriate to remove it, not made any allegation or refused to receive it, will be the return of the consigned without further formalities and record will be filed.

Section 2 no contradichas cash collections management article 70.

1. the creditor seeking payment of a monetary debt of nature civil or commercial, what ever the amount and source, liquid, determined, due and payable, may request of notary residing in the domicile of the debtor stated in the document that accredits the debt or the documents shown, the habitual residence of the debtor or in the place in which the debtor could be found requiring this payment, when due, is accredited in documentary form, which in the opinion of the notary, is indubitable. The debt must be necessarily broken main, remunerative and delay interest applied.

They may not be claimed through this record: to) debts that merge into a contract between a businessman or professional and a consumer or user.

(b) those based on article 21 of law 49/1960 of 21 July, Horizontal property.

(c) the debts of food concerned minors or persons who are judicially modified capacity, nor which borne materials unavailable or transactions that are subject to judicial authorization.

(d) claims that it is concerned a public administration.

2. for this purpose, notary, who will collect the following circumstances shall be allowed: the identity of the creditor and debtor; the domicile of both, as they were stated in the document that originates the claim, except that documents proving its amendment, in which case both and the origin, nature and amount of the debt shall be recorded. Also will accompany the Act the document or documents which constitute the title of the claim.

The notary will not accept the application if it were somehow excluded claims, any data or documents are missing or was not competent.

3. Once accepted the request of the creditor and checked the concurrence of the requirements laid down in the preceding paragraphs, the notary will require the debtor so that, in the period of twenty working days, pay to the petitioner.

If the debtor could not be located in any of the possible homes credited on the record or may not deliver the requirement, the notary will terminate his performance, stating that circumstance and staying safe exercise of the right of the creditor through the courts.


5 it shall be validly made requirement to the debtor if it is localized and indeed required by the notary, although he refuses to be responsible for the documentation that accompanies it, which will be available in the notary's Office. Also applies to the requirement to any employee, family or person to live the debtor whenever it is of legal age, when you are at home, and the notary must warn the receiver is obliged to deliver the request to its recipient or to give notice if you know his whereabouts. If the request is made in the no casual workplace of the recipient in the absence of this, shall be made to the person who is in charge of the unit intended to receive documents or objects.

Where the recipient is a legal person the notary means diligence with elder age who finds at the address designated in the document previously expressed and which form part of the Board of Directors, which prove to be representative with sufficient powers or which in the opinion of the notary Act notoriously as a caregiver by the legal person receive summonses or reliable service in their interest.

Article 71.

1. once practiced upon request, if the debtor appearance before the applicant notary and will fully repay the debt within a period of twenty working days following, shall be recorded as well for diligence in the minutes, which will have the character of payment receipt. In such a case the notary will proceed without delay to deliver the amount paid to the creditor in the form that it had requested.

If the debtor pay directly to the creditor, and within the prescribed period, accredits this circumstance, with express confirmation by the creditor, the notary will close the Act, giving complete performance.

If there is no express confirmation by the creditor within the period provided for the payment, the notary close, also the Act, leaving open the courts.

2. If the debtor to appear before the notary to formulate opposition, the reasons that founded it, stating it for diligence will be collected. Once communicated this fact to the creditor, it will end the notarial action, leaving the rights of one for judicial debt claim.

When any required several debtors for a single debt, the opposition one may give rise to the end of the Acting Attorney for all, if the cause is a concurrent, stating the payments that would have been able to produce any of them.

3. If within the time limit the debtor not appearance or not alleged grounds for opposition, the notary will cease certificate of acknowledgment.

In this case, the Act will be document that will entail implementation for the purposes of the number 9th of paragraph 2 of article 517 of the code of Civil Procedure Act. This execution will be processed pursuant to the extrajudicial Executive titles.

Chapter V of the record of auction Attorney article 72.

1. auctions that is made before a notary in compliance with a legal provision will be governed by rules respectively establishing them and, failing that, by the present chapter.

Auctions which is done before a notary public pursuant to a judicial or administrative decision, or testamentary, or contractual clause or enforcement of an arbitration or mediation agreement by public instrument special Covenant, or the volunteers are also governed by the rules of this chapter.

2. in any case, apply on a suppletive basis rules that are laid down in the procedural legislation always they are compatible for electronic auctions.

3. If there is nothing provided for, and the auction was held pursuant to a judicial or administrative decision, shall be competent, in default of appointment by agreement of all stakeholders among the notaries who are resident in the area of competence of the judicial or administrative authority, which designate the owner of the property or right auctioned or most of the same , if they were several, among the competent. They should various holders owners equally, the choice of the notary will correspond to that which was previously. If we could not determine who deserves the designation of the notary, or if it does not communicate to the judicial or administrative authority for whom appropriate within five days from the requirement to carry out, will be to designate as stipulated by law between those who are competent.

In the remaining cases, will be the freely designated by all concerned competent notary. In his absence and lack of foresight in this regard, will be competent the freely designated by the applicant, if a holder of the property or right auctioned. If it wasn't, the notary public business in the domicile or habitual residence of the holder or of any of the owners, shall have jurisdiction if they were several, or the situation of the good or of most of the goods, at the option of the applicant. You can also choose a notary of a district adjacent to the former.

Article 73.

1. the notary, at the request of the person entitled to encourage the sale of goods, furniture or property, or particular law, shall convene the auction, after consideration of the application, giving faith of the identity and capacity of his promoter and the legitimacy to encourage them.

The auction will be electronic and will be held at the Portal of auctions of the Agency State official Gazette. In any case it will be the notary authorization of the Act that reflects the essential circumstances and the outcome of the auction and, where appropriate, the authorization of the respective public deed of sale.

2. the applicant be credited to the notary ownership of the good or right to be auctioned or legitimacy for it, freedom or State of loads of good or right, rental and possessory situation, physical condition that is, outstanding liabilities, valuation for the auction and how much circumstances have an influence on its value, as well as, where appropriate , the representation with that Act.

3. the notary, after checking compliance with the previous ends and after consultation with the bankruptcy public record to the intended effects in special legislation, will accept, in his case, the requirement. If agreed their origin, the notary will put in knowledge of the bankruptcy public record the existence of the record with express specification of the tax identification number of the owner or legal person whose good will be subject to the auction. The bankruptcy public record shall notify the notary who is dating record the practice of any seat that carry out associated with the fiscal identification number notified to the purposes specified in the insolvency law.

The notary will put in knowledge of the bankruptcy public record the completion of the record when it occurs.

4 agreed the meeting, if it were a property or real right entered in the registry of property or movable property subject to a regime similar to those publicity, the notary will request electronic domain and loads registry certification procedures. The Registrar shall issue the certification information continued through equal and shall be recorded by a note aside from the farm or right this circumstance. This note will have the effect of indicating the location of sale at auction of the property or right and will expire six months from its date unless prior notary notifies the Registrar the closing of the record or their suspension, in which case the period will be calculated since the notary public notify their resumption.

The Registrar shall, immediately and form telematics, the notary and the Portal of auctions of the Agency State official Gazette the fact of filing another or other titles that affect or modify the initial information.

It Portal of auctions will collect the information provided by the record of mode immediate for your transfer to which consult its content.

Article 74.

1. the announcement of the announcement of the auction will be published, as well as designated by the promoter of record, in the "official bulletin of the State".

The call of the auction must be advertise with a, at least 24 hours in advance with respect to the moment that has opened the deadline for submission of postures.

The announcement will contain only its date, the name and surname of the notary responsible for auction, place of residence and protocol number assigned to the opening of the Act, and the e-mail address that corresponds to the auction in the auction Portal. This shall state the General and special conditions of the auction and the property to be auctioned, as well as how much data and circumstances are relevant and the permissible minimum amount for the tender in his case. Registration certification, in the case of goods subject to publicity, can consult via the auction Portal, which will inform of any change in its ownership or State of charge. Also indicate in your case, the possibility of visiting the immovable object of auction or examine with the necessary guarantees the movables or the titles supporting the credit, if appropriate.


2. the notary shall notify the owner of the property or right, unless the applicant himself, initiating the case, as well as the content of your ad and the procedure followed for the fixation of the type of auction. It will also require him to make it appear in the minutes, in defense of their interests.

Diligence be practiced well personally, or by send letter certified with return receipt to the address set registralmente or, failing that, in a public document, or for goods not reported, will be sent to accredited habitual domicile. If the address is not known, the notification will be made by edicts.

Diligence be practiced well personally, either by sending letter certified return receipt requested or in any of the forms prescribed by the Notary laws to address set registralmente. For goods not reported, will lead to the usual address accredited. If the address is not known, the notification will be made by edicts.

The notary will then by the same means, where appropriate, the conclusion of the auction, holders of rights and the charges appearing on domain certification, as well as the tenants or occupants contained identified in the request. If you could locate them, give the same publicity which is expected for the auction.

3. If the assessment is not contractually established or had not been provided by the applicant when it could do so by itself, it will be set by an expert designated by the notary in accordance with the provisions of this law. The expert will appear before the notary to deliver its opinion and ratify on it. This assessment shall constitute the type of tender. Not be accepted positions below the type.

4. If the owner of the property or a third party who shall be entitled to do so, appear to oppose the holding of the auction, the notary it shall keep his opposition and the reasons and documents that so relied on concerned, subject to the actions that were coming. The notary shall suspend the record when justify the interposition of the corresponding demand, proceeding to its recovery if it does not support this.

Article 75.

1. the electronic auction will be held subject to the following rules: 1 the auction will take place at the Portal of auctions of State Bulletin official of the State Agency, whose management system notaries are connected through the computer systems of the General Council of notaries. All exchanges of information to be made between the notaries and the Portal of auctions will be way telematics.

2nd auction opens, at least after 24 hours from the date of publication of the notice in the "official bulletin of the State", once has been forwarded to the auction Portal the information necessary for the start of it.

3rd once open auction only electronic bids may be made during, at least, a period of twenty calendar days since its opening. Its development will be adjusted, in all what does not object to this chapter, to the rules laid down in the law of Civil procedure that you may be applicable. In any case, the auction Portal will inform during their celebration of the existence and amount of the bids.

4th to participate in the auction will need to be in possession of the corresponding accreditation to intervene in it, after having stated in electronic form 5 by 100 of the value of the property or rights.

If the applicant would like to participate in the auction the Constitution of this appropriation will be required not you. Nor you shall be required to the joint owners or co-owners of the property or right to be auctioned.

2. at the date of close of the auction and then the same, auction Portal will send a notary certified information posture telematics that would have been victorious, as well as by decreasing of amount and chronological order in the case of be this identical, all others who had opted for the reserve position.

The notary will extend appropriate diligence in which shall be recorded the aspects of legal significance; claims that have been submitted and the reserve of the corresponding rights in the courts of Justice; the identity of the bidder and the price offered by it, positions that are still the best and the identity of the bidders; the trial of the notary that the auction legal norms which govern it, as well as the award of the property or right auctioned by the applicant have been observed. The notary will close the Act, stating therein that the auction has been completed and the property or right awarded, proceeding to its notarisation.

If not concurriere any bidder, the notary so you shall keep it, declared deserted the auction and remember the close of record.

3. in successive proceedings shall be noted, where appropriate, the payment of the rest of the price by the successful tenderer within the period of ten working days in the entity attached to the auction Portal available to the notary; the delivery by the notary public to the applicant or the deposition to justice or in favour of stakeholders of the amounts that any perceived of the successful bidder; and the return of electronic allocations made to take part in the auction for people who have not been awarded.

The return of allocations made to take part in the auction for people who have not been awarded, will not occur until the total of the price of the award not has been paid if it had so requested by bidders.

If the successful tenderer suspendue its obligation of delivery of the price difference between the recorded and topped effectively, the award will be held at the second or successive bidder has applied for the reservation of your consignment, losing the appropriations the noncompliance and giving them the target established in the law on Civil procedure.

However, be provisional award or the auction suspended until expiry of the deadline for the exercise, where appropriate, of the right of pre-emption of the partners or, where appropriate, of the society.

4. in all cases in which the law requires public document as requirement of validity or efficiency of transmission, auctioned the good or right, the holder or his representative, will be the notary public deed of sale in favour of the successful bidder at the time of the complete payment of the price. If the proprietor or his representative refuse to grant deed of sale, the auction minutes will be sufficient title to request of the competent court the dictation of the corresponding auto bearing for issued the Declaration of will, in the terms provided for in article 708 of the code of Civil Procedure Act.

In other cases, the authorized copy of the minutes will serve as title to the bidders.

Article 76.

1 notarial auction that only causes a forced sale may stay, and if necessary close the record, based on the following causes: to) when it is submitted to the notary judgment, although it is not firm, supporting the non-existence or extinction of the secured obligation and in the case of goods or recordable credits, certification of the corresponding registration accreditation be cancelled the load or filed deed of card payment or alteration in the situation of ownership or charges of the estate.

The performer must expressly consent to their continuation despite the registry modification of the status of charges.

For shares, participation certificates or social partners in general, certification, with legitimate signing notary administrator or Secretary not a member of the society, supporting the seat of cancellation of the right in rem or embargo on the rights of the partner.

(b) when documents proving the existence of criminal case that may determine the falsity of the title under which it is appropriate, invalidity or illegality of the sale procedure. The suspension shall continue until the end of the process.

(c) If a notary justified the Declaration of insolvency of the debtor or the suspension of the enforcement actions, in the cases referred to in bankruptcy although legislation were published announcements of the auction of the property. In this case the suspension only will rise when it is certifying, through testimony of the decision of the judge of the competition, that goods or rights are not affected, or are not necessary for the continuity of the business or professional activity of the debtor. It will also boost in its case, when present the judicial resolution that approves the agreement reached or the public deed or certification that closes the record along with its communication to the competent court and the bankruptcy public record.

(d) if it is lodged a demand for third-party domain, inexcusably accompanying with her title, prior to the date of the title in which base auction. The suspension shall continue until the resolution of the Arbitration Court.

e) if he is shown that it has begun a procedure for auction on the same property or rights. As notary, this accreditation will be made by authorized copy or notification of the computer systems of the General Council of notaries. These facts may be known to the Court for trial of the notary.


2. in the above cases, if the cause of the suspension afectare only part of the goods or rights including extrajudicial sale, you can follow the procedure with respect to the other, if so request the creditor or promoter of the procedure.

3. for the case of loans or personal loans, or any other instrument not mortgage or mortgage financing without prejudice to provisions of special legislation, extrajudicial sale will be suspended when certifying have brought before the competent judge the unfairness or not transparent of any of the clauses which constitute the basis of extrajudicial sale or that had determined the amount payable. Once substantiated the issue and provided that, in accordance with the corresponding court ruling, is not abusive or non-transparent clause which constitutes the basis for execution or had determined the amount payable, the notary may continue out-of-court sale at request of the creditor or the same promoter.

4. the suspension of the auction for a period exceeding 15 days shall entail the release of appropriations or return of the guarantees provided, returning the situation to the time immediately preceding the publication of the notice. The resumption of the auction will be made by a new publication of the notice and a new request for registration information as a new auction of were.

5 in the case of goods accessible, if the claim of the creditor and the initiation of extrajudicial sale had its base in any cause that is not the deadline or non-payment of interest or any other benefit that it is forced the debtor will be suspended this procedure whenever any both become recorded in the registry of property prior to the auction or real opposition to the same furniture in declarative judgement. To this effect, the judge, at the same time ordering the preventive annotation of demand, remember that relapse resolution is notified to the notary.

Article 77.

Voluntary auctions may be convened under specific conditions included in the specification, and must they entered in the auction Portal. Therefore, the applicant, in particular specifications, may increase, decrease or suppress the previous electronic scheduling and make any other analogous to the expressed determination.

In everything else, the General rules laid down in this chapter, without subjection to (3) of article 74 shall apply to voluntary auctions.

Chapter VI records in commercial matters section 1st of theft, theft, loss or destruction of nor article 78.

1 they shall be entitled to request the notary the adoption of the measures provided for in the commercial law in cases of theft, theft, loss or destruction of securities or representation of parts of partner the legitimate holders of these titles that have been dispossessed of them or who have suffered loss or destruction.

2 it shall have jurisdiction to hear these records the notary of the place of payment in the case of a debt; of the place of deposit in the case of titles of deposit; or that of the place of domicile of the issuer when the titles were securities, as appropriate.

3. the notary, after accepting legitimized and prior examination of the same application, attesting the identity and appreciating the ability of the promoter and the legitimacy to encourage them, shall, by request, inform the issuer of securities and, if it were a cotizable title, the society Chancellor of the corresponding bag, and request the publication in the relevant section of the "official bulletin of the State" and in a newspaper of wide circulation in his province. Both the requirement and ads will be mentioned to whom may be interested in the procedure to make it appear the notary on the day and time are pointing.

4. If you appear, the notary rise minutes of the conclusion of the hearing and, in accordance with the request, will urge the promoter of record and the issuer of the securities that do not come to its negotiation or transmission, as well as the suspension of the fulfilment of the payment obligations documented in the title or the payment of the principal, interest or dividends , or the deposit of the goods, as appropriate in view of the title in question.

5. without prejudice to the provisions of the preceding paragraph, when it was a title of tradition, not proceed the deposit of the goods if they were impossible, difficult or very expensive conservation or run the risk of suffering serious deterioration or significantly lower value. In that case, the notary will urge the carrier or to the depositary, after hearing the holder of the title, who deliver the goods to the applicant if this had paid bail enough for the value of the deposited goods more eventual compensation for damages to the holder of the title if it is subsequently proved 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 attendance and voting rights to General and special meetings of shareholders pertaining to titles that were securities, as well as to the challenge of social arrangements. The remuneration of the appointed will be borne by the applicant.

7 elapsed within six months unless it has been controversy, the notary shall authorize that promoted the record receivables yields that produces the title, requiring, at his instance, the issuer so proceed with your payment.

8 once the period of one year without opposition, the notary will require the issuer so that it issued new titles, to be delivered to the applicant.

9. in no case shall be the cancellation of the title or titles, if the current fork making opposition had acquired them in good faith in accordance with the law of circulation of the title.

10. in the event that the cancellation of the title or titles weren't coming, who would have been legitimate holder at the time of the loss of possession will have civil or criminal actions that apply against a person who had acquired possession of the document in bad faith.

Section 2 deposits in the commercial field and the sale of the goods deposited article 79.

1. in all cases in which, by legal provision or Covenant, appropriate the deposit of movable property, securities or commercial effects, it may be notarized by certificate of deposit, in accordance with the provisions of this law and its implementing regulation.

2. If the deposit consistiere in bills of Exchange or other effects that may harm for his presentation on certain dates to the acceptance or payment, notary, at the request of the applicant, may proceed to make this presentation. If you satisfied the amount, will be replaced effects deposit amount in money.

3. in all cases where, by the commercial law, permitted the sale of the goods or effects deposited, notary, at the request of the depositor or of the depositary himself, can convene and proceed to the sale of the goods. To that effect shall be as provided in this Act for the notarial minutes of auction, and will be the amount obtained the target established in the commercial law.

Section 3 of the appointment of experts in insurance contracts article 80.

1 the procedure regulated in this article applies when in the contract of insurance, in accordance with its specific legislation, there is no agreement among the experts appointed by the insurer and the insured to determine damage, and those are not compliant with the appointment of a third party.

2. the competence to proceed to the appointment will correspond to the notary to come by mutual agreement the insured and the insurer. In the absence of agreement, either between those who have their residence in the place of domicile or habitual residence of the insured or where it is the object of the valuation, at the option of the applicant. You can also choose a notary of a district adjacent to the former.

3 you can promote this record either of the parties of the contract of insurance, or both together.

4. will start the case brief submitted by any of the interested parties, in which shall be recorded the fact of discord for the designated experts to assess the damage, and will be requested the appointment of a third expert. To the writing will accompany the insurance policy and the opinions of the experts.

5 admitted to processing the application by the notary, this shall convene a hearing to interested parties to agree on the appointment of another expert; If there is no agreement, be reappointed pursuant to the provisions of article 50.

6 verified appointment, will be made know to so manifest if you accept it or not, what may be alleging just cause. Once accepted, we supply the subsequent appointment, requiring parties to do in three days funding deemed necessary, and the expert issuing the opinion within the period provided for by the parties and, failing that, within the period of thirty days from the acceptance of the appointment. Delivered the opinion, you will join the Act and will be ended.

CHAPTER VII


Conciliation article 81 records.

1 may be notarized the conciliation of different interests of the licensors in order to reach an out-of-court agreement.

2. the conciliation may be about any controversy contractual, commercial, probate and family whenever it falls not on material unavailable.

The issues provided for in the Bankruptcy Act may not reconcile following this procedure.

They are unavailable: to) the issues in which minors and persons are concerned with capacity modified legally for free administration of their property.

(b) the issues that interested the State, the autonomous communities and other public administrations, corporations or similar institutions.

(c) judgements on civil liability against judges and magistrates.

(d) in general, the agreements which they intend to on matters not subject to transaction or commitment.

Article 82.

1. the public deed that formalize the compromise among stakeholders or, in its case, which was tried without effect or compromise will undergo authorization requirements in notarial law.

2 if there is a conformity between those interested in all or part of the subject of the conciliation, shall be recorded in detail in the public deed agree to everything and act ended with compromise as well as the terms thereof. If it could not get any agreement, shall be recorded that the event ended without compromise.

3. the agreed content modification shall consist, also, in notarial deed provided that judicial execution has not been started.

Article 83.

1. the notarial deed that formalise the conciliation in general will enjoy the efficiency of a public instrument and, in particular, will be endowed with Executive effectiveness in terms of the number 9th of paragraph 2 of article 517 of the code of Civil Procedure Act. The implementation shall be verified in accordance with provisions for the extrajudicial Executive titles.

2. either of the parties may request the notary certified copy with Executive character while not record note matrix relating to the modification of its content or its execution.»

Two. It introduces an additional provision with the following wording: «first additional provision. References to the Civil Code.

References in this Act to the Civil Code to be understood made in their case, also to civil laws, statutory or special where they exist."

Twelfth final provision. Modification of the mortgage law.

One. Article 14, first paragraph is worded as follows: "the title of hereditary succession, for the purposes of the registration, is the Testament, the inheritance contract, the Act of notoriety for the Declaration of intestate heirs, the administrative Declaration of Crown intestate in favor of the State and where appropriate, the European certificate of inheritance".

Two. Included a new title IV bis, which is worded as follows: «Title IV BIS of the conciliation article 103 bis.»

1. registrars will be responsible for the acts of conciliation on any controversy real estate, urban and commercial or to be on facts or acts which can be registered in the registry of property, mercantile or other public register that are within its competence, provided that it does not falls on unavailable matter, with the aim of reaching a settlement. Conciliation by these controversies can also hold, choice of the interested parties, before a notary or clerk of court.

The issues provided for in the Bankruptcy Act may not reconcile following this procedure.

2 held the Act of conciliation, the Registrar shall certify compromise among stakeholders or, in its case, which was tried without effect or compromise."

Thirteenth final disposition. Modification of the law of December 16, 1954, of interest mortgage and pledge without displacement of the possession.

One. The second section of chapter I of title V happens to have the following description: 'second section. Extrajudicial sale' two. Article 86 is worded as follows: «article 86.

Applicable procedure for extrajudicial sale will require: 1 that the articles of incorporation of the mortgage has been appointed by the debtor, or the mortgager no debtor, in his case, an agent that represents him, on his day, for the sale of mortgage assets. This representative may be the own creditor.

2. that also contain the price at which stakeholders priced goods. The agreed type of auction may not be different from which is fixed, where appropriate, to the legal proceedings.

3rd that is set by the debtor, or mortgager no debtor in his case, an address for requests and notifications. You can also designate an e-mail address, in which case the requests and notifications will be made, in addition, in that way.

«In all not specifically regulated in this law, shall apply Additionally to extrajudicial forced sale for the interest mortgage and pledge non-possessory, the electronic auction rules contained in the procedural legislation.»

3. Article 87 is worded as follows: «article 87.

The out-of-court procedure shall necessarily conform to the following rules: 1st may only be followed before a competent notary to act in the place where is situated the mortgaged property or a district adjacent to it.

2nd will begin upon a request by the creditor to the notary that, prior compliance with the requirements of this article, proceed to the sale of the goods at public auction.

In the requirement will make consist the creditor the amount exact that is object of the claim, by main e interests, and it cause of the expiration, delivering to the notary the title or titles of your credit, coated of all them requirements required by the law of prosecution Civil, so have character Executive.

This requirement shall be recorded in the minutes.

3rd at the request of the creditor, the notary will require payment to the debtor and, where appropriate, the mortgager no debtor or the third possessor, with expression of the cause of maturity and of the total amount claimed, and it shall be indicated that if payment is not made it will proceed to the auction of mortgaged property, without need for new notifications and requirements.

Required, within five days of the request, shall pay or deliver the material possession of the property mortgaged to the creditor or representative appointed in the articles of incorporation of the mortgage.

When the debtor suspendue obligation to deliver possession of the property, the notary shall not go forward with the sale procedure if so requests it the creditor, who may also, to enforce your credit, go to any judicial proceedings, without prejudice to exercise civil and criminal actions that are appropriate.

4th at the request of the creditor, which will accompany the order for payment, the Registrar shall issue certification literal seat of the mortgage, which will be expressed that it is subsisting and without erasing or, where appropriate, the cancellation or modifications that constaren in the registry, and will connect the rear seats.

The Registrar shall contain, apart from the registration of mortgage, which has issued certification expressing his date, the initiation of the procedure and the notary who followed.

When certification of registration appears a seat after the registration of the mortgage, shall be notified to the debtor and its holder the existence of the procedure so that you can, if you agree you intervene in the auction or before the auction satisfy the amount of the credit, interest and costs. In the latter case, the creditors shall be subrogated in the rights of the performer and shall contain the payment and subrogation regardless of registration of the mortgage that such creditors will subrogate and respective seats, through submission to the registry of the notarial act of delivery of the sums due or the injunction, if necessary.

5th after five days from the practice of the requirement, will proceed to the auction, whose call for proposals will be announced in the "official bulletin of the State". The auction will be held electronically in the Portal of auctions of the Agency State official Gazette. The auction allowed positions for a minimum period of twenty calendar days since its opening and will not close until after an hour since the last position, even if this involves the extension of the initial term of twenty days referred to in this article for a maximum of 24 hours.

6th the realization of the value of the property will take place through a unique auction that will serve as the appraised value established in the articles of incorporation of mortgage type. However, if positions will be presented by an amount equal or superior to 70 per cent of the value at which the good had come to auction, the farm who present the best posture means awarded.


When the best presented position was less than 70 per cent of the type referred to the auction, the debtor may, within ten days, third that improves posture, offering amount equal or superior to 70 per cent of the appraised value or, even less than such amount, may be sufficient to achieve the complete satisfaction of the right of the creditor.

Once the expressed period unless the debtor or registered holder of the domain of the property perform as provided in the preceding paragraph, the creditor may request, within a period of five days, the allocation of property or assets by 70 per cent of the value that had come to auction, or by the amount owed for all items , provided that this amount is superior to 60 per cent of the appraised value and the best position.

If the creditor did not use of the mentioned faculty, good means topped who has submitted the best posture, whenever the amount which has offered exceeds 50 per cent of the appraised value or, still below, cover at least the amount claimed for all concepts.

If the auction has not any bidder may the creditor, within the period of ten days, request the award amount equal or superior to 50 percent of its appraised value or the amount owed for all items.

7 the performer creditor may attend the auction as a bidder, provided that there are other bidders, without specifying any amount. All bidders must deposit, to take part in the auction, 5 per 100 of assessed value. The appropriation may be consenting to its reserve for the purposes of the following rule.

8th after the auction to award to the highest bidder, be deposited in power of the notary, within the second day, the difference between the prior deposit and the price for the award, and will be returned to the other tenderers deposit that may have formed. If the successful tenderer not consignare that amount, will be awarded the good to the bidder that continued to the first in the order of their positions and which had consented to the reservation of your consignment. Allocations of those bidders who have not come to meet the difference, will be allocated to the payment of the costs of the procedure and the excess, if any, to the payment of the credit and interests.

Where the successful tenderer has the own creditor, you must record the difference between the amount claimed and the price of the award, and if it does not make it liable for expenses held auction and the later ones that may be necessary.

9 the quantity obtained in the auction will be used, once satisfied all the costs of the procedure, to the payment of the principal and interest receivable.

The excess will be delivered by the notary, the mortgagee or the third owner if not there are other people who have locked embargo on them or filed legal claim, and if any, shall be deposited at your disposal in a public establishment intended for the effect.

10th the adjudication of property shall be recorded in writing given by the successful tenderer and the debtor, or the mortgager no debtor or third possessor, as appropriate, or their respective successor and, if the latter have not appeared, will grant it on behalf the President designated.

This deed shall set forth observed proceedings, the adjudication price, your payment by the successful bidder, made payment to the creditor and the destination given to the excess, if any.

If the successful bidder is the same creditor and has been also named President, you granting the public deed in this dual concept, becoming noted what was said before.

The public deed of award will be title enough to prove the ownership of the property and for the cancellation of the mortgage and the rear seats, if therein constare payment made to the creditor and the destination given to the excess, if any.

If the bidders is a co-owner or third owner of auctioned goods, once allocated the amount of the auction, the notary will limit the award to other undivided shares running or without verifying it, declare closed the procedure, as the case may be. A copy of the minutes of the auction, when there is no award, will be equally title enough to practice cancellation of the mortgage and the rear seats, if it constare made payment to the creditor and the destination given to the excess, if any.

11th if the auction was deserted and the creditor not required by the award, will be terminated the procedure without effect, and the right one will expedited exercise in appropriate legal proceedings.

If the price of finished goods is insufficient to pay the total credit of the creditor, the right will retain this for the difference.

12th the formalities of the procedure, except for the writing of procurement of goods, shall be entered by Stagecoach below the Act of initiation referred to in the second rule.

This Act will be incorporated into the Protocol on the date that corresponds to the last diligence practiced. Given the public deed for the award, will be recorded by a note in the minutes.

13th the successful bidder of the property will be put in possession of the same by the person who has it, according to the third rule. «If they are not delivered, may request the legal possession of them according to the law of Civil procedure, without prejudice to civil or criminal sanctions which could exercise against who has been unjustly denied delivery.»

Four. Article 88 is worded as follows: «article 88.

The procedure of out-of-court sale may only be suspended by any of the following causes: first. That submission of certification from the registry accreditation be cancelled presented public deed of payment or the mortgage or cancellation of that one.

The second. When are documents verifying the existence of criminal case involving any act of criminal appearance that determined the falsity of the title under which it is appropriate, invalidity or illegality of the sale procedure.

Third. If the notary constare the Declaration of insolvency of the debtor, although ads in the auction of the property were already published. In this case only the suspension will rise when it is certifying, through testimony of the decision of the judge of the competition, that property rights are not affected, or are not necessary for the continuity of the business or professional activity of the debtor.

Fourth. If you are lodged demand for third-party domain, inexcusably accompanying with her title, prior to the date of the deed of mortgage. Case of goods subject to entry in a register, that title must be registered also with prior to the mortgage. The suspension shall continue until the end of trial of third party proceedings.

Quinta. If he is shown, with certification of the corresponding register, the same goods subject to other mortgage interest or related to real estate mortgage, under article 111 of the mortgage law, existing or registered before that motivare procedure. These facts will be known to the Court concerned, for the purposes prevented in the 1862 article of the Civil Code.

In them two cases preceding, if the cause of the suspension afectare only to part of them goods included in the mortgage interest, may follow the procedure with regard to them others, if so it sought the creditor.

Also be suspended extrajudicial sale when either party accredits have raised before the judge who is competent the abusive character of any of the contractual clauses of the mortgage constitutes the basis of extrajudicial sale or that had determined the amount payable. Once substantiated the issue, and provided that, in accordance with the corresponding court ruling, is not an abusive clause which constitutes the basis for execution or had determined the amount payable, the notary may continue out-of-court sale at the request of the creditor.

Verified any of the circumstances referred to in paragraphs 1 and 2, the notary agreed suspension of the procedure until, respectively, finished the registration procedure or criminal procedure if falsehood is not declared or is not including the cancellation of the mortgage.

The suspension of the auction for a period exceeding 15 days shall entail the release of appropriations or return of the guarantees provided, returning the situation to the time immediately preceding the publication of the notice. The resumption of the auction will be made by a new publication of the notice and a new request for registration information as if it were a new auction.

If the claim of the creditor and the initiation of extrajudicial sale had its base in any case that is the expiration of the term or the non-payment of interest or any other benefit to which the debtor is obliged, that procedure shall be suspended provided that prior to the auction has been made recorded in register opposition to the same in declarative judgement. To this effect, the judge, at the same time ordering the preventive annotation of demand, will agree is notified to the notary relapse resolution.»

5. The first paragraph of article 89 is worded as follows:


«In the mortgage business establishments will be observed, in addition to the rules above, the following:» fourteenth final disposition. Modification of the text revised of the law societies of Capital, approved by Royal Legislative Decree 1/2010 of 2 July.

One. Paragraphs 3 and 4 of article 139, paragraph 2 of article 141 are written in the following way: «article 139.

3. in the event that the society had not reduced the social capital within two months from the date of expiry of the deadline for the disposal, anyone interested may request reduction of the capital to the clerk or mercantile Registrar of the place of the registered office. Administrators are required to request the judicial or registry reduction of the share capital when the agreement of the Board would have been I contrary to that reduction or it could not be accomplished.

The record before the court clerk will be processed in accordance with the law on voluntary jurisdiction. The request addressed to the mercantile Registrar will be processed according to the provisions of the regulation of the commercial register.

The favourable or unfavourable decision may be appealed before the judge of the commercial.

4. social contributions or the dominant company's shares will be disposed at the request of the interested party by the court clerk or mercantile Registrar in accordance with the procedure laid down in the law on voluntary jurisdiction and regulation of the commercial registry for these.»

«Article 141.

2. If shares were not alienated in due time, society must be agreed immediately their depreciation and reduction of capital. Society ignores these measures, any interested party may request their adoption by the court clerk or the mercantile Registrar of domicile. The administrators of the acquiring company are required to apply for the adoption of these measures, when, by circumstances that were, can not achieve the corresponding depreciation and capital reduction agreement.

The record before the court clerk be accommodated to the voluntary jurisdiction proceedings. The request addressed to the mercantile Registrar will be processed according to the provisions of the regulation of the commercial register.

The favourable or unfavourable decision may be made before the judge of the commercial."

Two. Articles 169, 170 and 171 are written in the following way: «Article 169. Competition for the call.

1. If the annual general meeting or general meetings provided for in the statutes, were not convened within the corresponding period law or bylaws established, you can be, at the request of any Member, after hearing administrators, by the court clerk or the domicile mercantile recorder.

2 If administrators not promptly heed the request for convocation of the general meeting by the minority, the call may be after hearing administrators, by the clerk of the Court or by the mercantile Registrar of domicile.

Article 170. Regime of the call.

1. the Clerk shall call the general meeting in accordance with the provisions of the law of voluntary jurisdiction.

2. the commercial Registrar shall proceed to convene the shareholders within the period of one month since he had been made the request, indicate the place, day and time for celebration as well as the order of the day and shall appoint the Chairman and Secretary of the Board.

3. against the decision by which the call agreed general meeting will not fit any resource.

4 the registry call costs will be of the company.

Article 171. Call in special cases.

In the event of the death or cessation of the sole administrator of all supportive administrators, one of the joint administrators, or the majority of the members of the Board of Directors, they where there is no substitute, any partner may request the court clerk and the mercantile Registrar of domicile the convocation of general meeting for the appointment of administrators.

In addition, any administrators who remain in the exercise of office may convene the shareholders with this single object.»

3. Articles 265 and 266 are written in the following way: «article 265. Competition for the appointment of auditor.

1 when the general meeting had not appointed the auditor before the end of the financial year to audit, and must do so, or the person named does not accept cargo or it to fulfil its functions, administrators and any partner may request the court clerk or mercantile Registrar of the designation of the person or persons registered that they need to perform the audit.

In corporations, the application may be carried out also by the Commissioner of the Union of the debenture holders.

2. in societies which are not obliged to submit annual accounts to verification by an auditor, partners representing at least five percent of the share capital may request the court clerk or the domicile mercantile recorder, at society expense, appoint an auditor of accounts to perform the review of the annual accounts of a particular period that had not spent three months from the date of closing from this exercise.

3. the request addressed to the mercantile Registrar shall be dealt with according to the provisions in the regulation of the commercial register.

If the appointment is urged before the court clerk, will follow the procedures established in the legislation of voluntary jurisdiction.

4. the resolution of the mercantile Registrar that you remember or reject the appointment may be appealed in accordance with the provisions of the regulation of the commercial register. The resolution of the clerk of the Court may be appealed before the judge of the commercial.

Article 266. Reversal of the auditor.

1 when you come just cause, the administrators of the company and persons entitled to apply for the appointment of auditor may ask the clerk or mercantile Registrar reversal of which they had been appointed or the one designated by the general meeting and the appointment of another.

2. the request addressed to the mercantile Registrar will be processed according to the provisions in the regulation of the commercial register.

If the revocation is urged before the court clerk, will follow the procedures established in the legislation of voluntary jurisdiction.

3. the decision rendered concerning the revocation of the auditor be appealed before the judge of the commercial."

Four. Articles 377 and 380 are written in the following way: «article 377. Coverage of vacancies.

1. in the case of the death or cessation of the sole liquidator, all the solidarity liquidators, the liquidators acting jointly, or of the majority of the liquidators acting jointly, they where there is no substitute, any partner or person with a legitimate interest may request the court clerk or mercantile Registrar of domicile the convocation of general meeting for the appointment of the liquidators. In addition, any liquidators that remain in the exercise of office may convene the shareholders with this single object.

2 when the Board convened in accordance with the preceding paragraph do not proceed to the appointment of liquidators, anyone interested may request its designation to the clerk or the domicile mercantile recorder.

3. the request addressed to the mercantile Registrar shall be dealt with according to the provisions in the regulation of the commercial register. The requested before the court clerk will follow the procedures established in the legislation of voluntary jurisdiction.

4. the resolution that agreed or rejected the appointment, be appealed before the judge of the commercial."

«Article 380. Separation of the liquidators.

1. the separation of the liquidators appointed by the general meeting, may be agreed upon by the same even if not put on the agenda. If the liquidators had been appointed in the articles of Association, the agreement should be adopted with most requirements and, in the case of limited companies, quorum, established for the amendment of the statutes.

The liquidators of the company may also be separated by a decision of the court clerk or mercantile Registrar of the registered office, with just cause, at the request of shareholders representing the twentieth part of the share capital.

2. the separation of the liquidators appointed by the clerk of the Court or by mercantile Registrar only may be decided by those who had appointed them, to request who accredits legitimate interest.

3. the decision rendered concerning the separation of the liquidators may be appealed before the judge commercial.»

5. Articles 381 and 389 are written in the following way: «article 381. Auditors.

1. in case of liquidation of corporations, shareholders representing the twentieth part of the share capital may request the court clerk or the mercantile Registrar of domicile the designation of an auditor who monitor the liquidation operations.

If society had been issued and had outstanding obligations, also the syndicate of noteholders may appoint an auditor.


2. the request addressed to the mercantile Registrar will be processed according to the provisions in the regulation of the commercial register. The requested before the court clerk will follow the procedures established in the legislation of voluntary jurisdiction.

3. the resolution that agreed or rejected the appointment, may be appealed before the judge of the commercial.»

«Article 389. Replacement of the liquidators for excessive duration of liquidation.

1 after three years since the opening of the winding-up without it has submitted to the approval of the general meeting final liquidation balance, any partner or person with a legitimate interest may request the court clerk or mercantile Registrar of domicile the separation of the liquidators.

2. the clerk of the Court or mercantile recorder, after hearing of the liquidators, remember the separation if there is no cause that justifies the delay and shall appoint liquidators to the person or persons that is convenient, setting his regime of performance.

3. the decision rendered concerning the revocation of the auditor be appealed before the judge of the commercial."

6. Article 422 is worded as follows: «article 422. Faculty and obligation to convene the Assembly.

1. the general Assembly of bondholders may be convened by the directors of the company or by the Commissioner. This shall also convene it whenever bondholders representing, at least, the twentieth part of obligations issued and not redeemed so request.

2. the Commissioner may require the assistance of the administrators of the society and these attend even if they have not been invited.

3. If the Commissioner does not attend timely request for convocation of the Assembly carried out by the debenture holders referred to in paragraph 1, the call may be after hearing of the Commissioner, by the clerk of the Court or by the mercantile Registrar of domicile.

The Clerk shall convene the general meeting of bondholders in accordance with provisions of the law of voluntary jurisdiction.

The mercantile Registrar shall proceed to convene the general Assembly in the form referred to in the regulation of the commercial register.

Against the decree or judgment by which the call agreed the general Assembly of bondholders won't fit any resource.»

7. Paragraph 2 of article 492 happens to have the following wording: «2. If meetings were not convened within the time limits laid down by Regulation (EC) No. 2157 / 2001 or the statutes, may be by the control Council or at the request of any Member, by the mercantile Registrar of domicile as provided for general meetings in this law.»

Available finish 15th. Modification of the law 211/1964, 24 December, on regulation of the issuance of obligations by companies which have failed to form corporations, partnerships or other legal entities and the Constitution of the Union of debenture holders.

The sixth item is drawn up as follows: «article six.

Societies which have not adopted the form of anonymous and associations and other legal entities that emit obligations of any kind, shall establish the Union of the debenture holders and appoint a Commissioner, who will attend the granting of broadcast writing on behalf of future holders of the titles.

If authorities do not constitute the Union of debenture holders referred to in the preceding paragraph, may take the initiative and ask for its Constitution own bondholders representing at least thirty per cent of the total number of series or broadcast, after deduction of the depreciations carried out repairs to the mercantile Registrar of the domicile of the issuer , in accordance with provisions of the regulation of the commercial register. The Assembly that these decisions are should be called CA and Commissioner-designate in the deed of issue.»

Sixteenth final disposition. Modification of the transitional provision of law 33/2006, of 30 October, only on equality of men and women in the order of succession of the Peerages.

3 paragraph of the single transitional provision is worded as follows: «3. Notwithstanding the provisions of paragraph 1 of this transitional provision, this law shall apply to all files relating to Spain greatness and nobility titles that day, July 27, 2005 were pending administrative or jurisdictional, both the instance and route of resource» as well as to records that they had promoted between that date, in which the original proposition of law arose in the Congress of Deputies, and on 20 November 2006, date of entry into force of this law. Administrative authority or court before which penda record or process shall be granted ex officio proceedings to the parties so that they claim that your right to agree in accordance with the new law in common within five days.»

17th final disposition. Modification of the consolidated text of the General Law for the defence of consumers and users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.

One. Paragraph 2 of article 19 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, entrepreneurs business practices aimed at them are subject to the provisions of this law, unfair competition law and the law of commerce retail.» For these purposes, are considered commercial practices of employers with the consumers and users any act, omission, conduct, representation or commercial communication including advertising and marketing, directly related to the promotion, sale or supply of good or service, including real estate, as well as the rights and obligations, regardless of which is carried out before, during or after a commercial operation.

Have no consideration of business practices the relations of contractual nature, which shall be governed as provided for in article 59.»

Two. The letter to) article 141 is worded as follows: «a) the amount of compensation for material damage shall be deducted a franchise of 500,00 euros.»

3. Article 163 is worded as follows: «article 163. Guarantee of contractual liability.

1. the organisers and retailers of combined trips will be required to establish and maintain on an ongoing basis a guarantee on the terms determined by the Tourism Administration competent to answer in general compliance with the obligations arising from the provision of its services the contracting of a package and, especially, in the event of insolvency, of the effective refund of all payments made by travellers in so far as they have not been services relevant and, in the case to include transport, effective repatriation of them. The requirement of this warranty is subject in any case to provisions of law 20/2013, December 9, guarantee of the unity of market.

2. as soon as it is clear that the execution of the package is affected by the lack of liquidity of the organisers or retailers, where the journey will not execute or run partially or service providers may require travellers to pay for them, the traveller easy access to guaranteed protection, without excessive formalities without any undue delay and free of charge.

«3. in the case of guarantee, to run should be made within the period of fifteen days, again covering the same initial all.»

18th final disposition. Modification of the law 10/2012, on 20 November, which regulates certain rates in the field of the administration of Justice and the National Institute of forensic science and toxicology.

Modifies the letter e) of paragraph 1 of article 4 is worded as follows: 'e) the filing of the demand for enforcement of awards rendered by the consumer arbitration boards and the transport arbitration boards, in the latter case if the amount by which calls for execution under 2,000 euros, as well as the affidavit not contradicted cash debt claim.'

19th final disposition. Exemption from payment of certain notarial and registration records.

1 planned benefits the regulations for legal aid relating to the reduction of tariffs, notarial and registration, free publications and, where appropriate, the intervention of experts, the following files will be recognized: to) in matters of inheritance: that of declarations of intestate heirs; of presentation, adveracion, opening and reading, and probate of wills, and the formation of inventory of the May 28, 1862, of the Notaries Act.


(b) in the field of property rights: the boundary and boundary marking of registered farms; of the domain for the registration of farms that are not registered in favour of any person; on resumption of the interrupted successive tract; the correction of the double or multiple registration and the registry release of charges or encumbrances extinguished by prescription, expiry or non-use, of the mortgage law.

2. the accreditation of the requirements for the recognition of the right to benefits outlined in the previous section will take place, in accordance with the provisions of the law on free legal aid, before the Notary Association or registry that corresponds, which shall have the powers provided for by this law to verify the accuracy and reality of the economic data provided by applicants.

When prompted for the recognition of the right to the assistance of counsel in cases of separation or divorce before a notary, accreditation will take place in the same manner provided for in the law on free legal aid.

20th final disposition. Skill-related title.

This law is run under the protection of competition which, in procedural legislation, applicable to the State in accordance with article 149.1.6. ª of the Constitution.

Excepted from the above final provisions first, fourth, fifth, sixth, seventh, eighth, 10th, 14th and 18th, dictating under cover of the competition representing the State in civil legislation in accordance with article 149.1.8. ª of the Constitution. Also the fourth additional provision and final provisions eleventh, twelfth and thirteenth, dictating under cover of the competence which corresponds to the State management of records and public instruments, in accordance with article 149.1.8. ª of the Constitution. Finally, the second, ninth, fifteenth, and sixteenth, final provisions dictating under cover of the competence which corresponds to the State in the field of commercial law, in accordance with article 149.1.6. ª of the Constitution.

Twenty first final provision. Entry into force.

This law shall enter into force on the twentieth day of its official publication in the «Official Gazette» except: 1. the provisions of chapter III of title II of this law, regulators of adoption, which will enter into force when it enters into force the law of modification of the system of protection to childhood and adolescence.

2. the provisions of title VII of this Act governing the voluntary auctions held by the court clerks, and chapter V of title VIII of the Act of May 28, 1862, of notaries contained in the eleventh final provision, which establishes the regime of notarial auctions, which will come into force on October 15, 2015.

3. amendments of articles 49, 51, 52, 53, 55, 56, 57, 58, 62, 65 and 73 of the Civil Code contained in the first final provision, as well as amendments to articles 58, 58 bis, second final provision and fifth final provision bis of law 20/2011, of July 22, the Civil Registry, including in the fourth final provision relating to the processing and civil marriage, which will take effect June 30, 2017.

4. the modifications of the article 7 of the law 24 / 1992, of 10 of November, by which is approves the agreement of cooperation of the State with the Federation of entities religious Evangelical of Spain; those of article 7 of law 24/1992, of November 10, which approves the agreement of cooperation of the State with the Federation of communities Israelites of Spain; and those of article 7 of law 26/1992, of November 10, which approves the agreement of cooperation of the State with the Islamic Commission of Spain, contained in the final provisions fifth, sixth and seventh respectively, which will come into force June 30, 2017.

5. the provisions of section 1 of chapter II of title VII of the Act of May 28, 1862, of notaries, contained in the eleventh final provision, laying down the rules governing the Marriage Act and the public deed of marriage, which will take effect June 30, 2017.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, July 2, 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY