JUAN CARLOS I
KING OF SPAIN
To all who see and hear
Know: that the Parliament has approved and I hereby sanction the following law.
The Constitution recognizes the right of all individuals to obtain effective protection of the courts in a public trial without undue delays and with full guarantees. Our Constitution provides for Justice as power and as a service to provide protection to citizens, a feature that should be effective. This term effectiveness is in the orbit of the postulates of the clause of the rule, and in particular the mandate of Article 9.2 of the Constitution, which requires the public authorities, and notably the Government, the obligation to have the means necessary, both normative and material and personnel for the right to judicial protection is guaranteed to all citizens of tangible and certain way.
Different instruments have an impact on the advisability of providing justice to our modern and efficient means. Thus, the Bill of Rights of Citizens before Justice approved by the full Congress of Deputies in its meeting on 22 April 2002 as a non-legislative proposal, highlights the right of citizens to quickly process of matters affecting them.
The most recent statistical data entry issues in our courts credited that in recent times there has been an exponential rise in litigation. Thus, the number of cases filed in all jurisdictions during 2009 has had a growth of 33% compared with the number of cases filed 10 years earlier. In some jurisdictional orders volume it has been particularly intense, as in civil, which has doubled the entry of affairs in the decade.
The befallen increase in litigation is indicative of the growing trust that citizens place in our administration of justice as a means to resolve conflicts and unpretentious, but at the same time has highlighted the need for deep reforms ensure the sustainability of the system and ensure that citizens can have a quality public service. This was also the ultimate goal that determined the promulgation of the Organic Law 1/2009 of 3 November, complementary of the Law 13/2009 of the same date, reform of procedural legislation for the implementation of the new Judicial Office .
The law now presented continues the line of procedural reforms initiated with the reforms just mentioned, trying now to introduce improvements in procedural legislation to streamline the various procedures, without reducing the guarantees for the defendant.
The purpose of the Act is to incorporate certain measures of procedural streamlining the administrative-contentious civil, criminal and orders to obey the common purpose of providing our courts optimal procedural tools for procedural management. Such measures are of different sign. Some are designed to ensure fundamental rights of citizens, as in the case of criminal, others to optimize processes, eliminate unnecessary procedural formalities or replace them shorter, and others, however, are aimed at limiting the use abusive courts.
In criminal law, certain inexcusable modifications required by the new situation arising from the reform operated in the Criminal Code by the Organic Law 5/2010 of June 22 are introduced, and on the procedural implications of regime Penal responsibility of juridical persons. In particular, issues concerning the regime of the jurisdiction of the courts, right to defense of legal persons, intervention in the trial and conformity and regulate their rebellion.
In the contentious-administrative certain provisions relating to the test is modified to reduce paperwork and provide greater agility at this stage. On the other hand, it is introduced into the abbreviated procedure the possibility of avoiding a hearing on those resources that will not ask for the inquiry and the defendant administration does not request the holding thereof. In this way prevents those resources that would be conclusive in the act of sight after the answer to the complaint, have to wait in some cases more than two years until it is held, for the sole purpose of the Administration demanded answers.
Rises to 30,000 euros the amount of matters to be resolved by the procedures of the abbreviated procedure.
Major changes are introduced in resources, in terms of lifting the quantitative limit for access to appeal and the appeal.
Regulation of so-called cautelarísimas measures is modified, collecting the real possibilities currently being carried out by the courts: appreciate the special urgency and quote the hearing, appreciate the special urgency and deny the injunction ex parte or not appreciate the urgency and decide not to proceed in accordance with the general rules, adding the possibility of written submissions rather than appearance. On the other hand, it is expected to express character the necessary intervention of the prosecution in certain cases involving minors.
Concerning the costs of proceedings set for processes unique or first instance the criterion of maturity but with the possibility that the court can exonerate them when circumstances justify their non-taxation; also regulated estimate assumptions or partial rejection.
Expressly it included in the civil order, within the concept of costs of the proceedings the amount of the fee for the exercise of judicial power, being a necessary expense to sue.
Payment system of trial judgments It extends eviction for nonpayment, so that, in case the tenant does not vacate the property, pay or makes opposition after the request, is passed directly to the launch, whose date is communicated in the same request, only procedural communication necessary for the successful completion of the process, even if the defendant cared to delay the execution, also avoiding unnecessary holding views.
The appeal in oral proceedings because of the amount is excluded when it does not exceed 3,000 euros, thereby trying to limit the use, sometimes abusive, and often unnecessary, of courts.
In terms of resources, the process of preparation of the returnable resources is suppressed and, as to the appeal proceed to a modification regarding actionable resolutions by the amount for the Supreme Court to fulfill form the legally established purposes more effective.
As for the enforcement of judgments, aspects of the relationship between special and ordinary foreclosure are clarified, specifying how the special execution directed against certain property, then turns generally directed against all the heritage of those responsible.
Procedures are reduced in the substantiation of the third party with domain and better right now vented through the formalities of verbal trial, although the latter with written answer, given the peculiarity of its object. The transfer to ordinary declaratory judgment is disproportionate, and the new referral to oral proceedings avoid undue delay in implementation.
As for special processes for credit protection, expressly welcomes the leasing of movable property, in the verbal process and scheduled for finance lease and installment sales of chattels, taking with it a claim of the economic sector, whose growth in recent years has not been accompanied by the appropriate legislative modernization, which now provide a significant reduction in costs and time, as to the claim of debt and especially in terms of recovery of the goods delivered on lease. This also involves the modification of Law 28/1998 of 13 July, Installment Sales of Chattels, to match the condition of these today atypical contracts, which already regulates this legal body.
Regulation of precautionary measures in the case of acquittals appealed is clarified.
Preference is introduced in proceedings on capacity, filiation, marriage and minors, in cases where one of the parties is a minor, incapacitated or is in a position of legal absence.
The quantitative limit for the payment procedure is also suppressed, thus equating the European payment procedure in order to avoid restrictions on access to this procedure, which has become by far the most common way to initiate legal claims quantity.
Article first. Amendment of Criminal Procedure Act.
The Criminal Procedure Act of September 14, 1882, in the following terms shall be amended:
One. a new Article 14a, which shall read as follows is inserted:
When in accordance with the provisions of the previous article the hearing and determination of a cause offense depends on the severity of the penalty prescribed to it by law will be addressed in any case to the required legal penalty for the individual, even if the procedure is directed exclusively against a legal person. "
Two. a new Article 119, which shall read as follows is inserted:
1. When in accordance with Article 118 of this Act, are to be prosecuted to the complaint of a legal entity, it will be performed with this appearance provided for in Article 775, with the following features:
A) The summons shall be at the registered office of the legal person, requiring the company to proceed with the appointment of a representative and lawyer and solicitor for that procedure, with the warning that, if not will do, it will proceed to the appointment of office of the latter two. The lack of appointment of the representative shall not prevent the conduct of proceedings with the Advocate and Solicitor appointed.
B) The hearing will be practiced with specially designated representative of the legal person concerned accompanied by the lawyer of it. The absence of such a representative to act will determine the practice thereof with the Attorney entity.
C) The judge shall inform the representative of the legal person concerned or, where applicable, the Advocate, the facts imputed to it. This information shall be provided in writing or by receiving a copy of the complaint or lawsuit filed.
D) The appointment of Attorney replace the indication of the address for notifications, practiced with the Attorney designated all subsequent acts of communication, including those to which this Act assigned a personal nature. If the attorney has been appointed by the court his identity to the legal person concerned will communicate. "
Three. a new Article 120, which shall read as follows is inserted:
1. The provisions of this Act that require or authorize the presence of the accused in the practice of investigative or early test shall be deemed always referred to the representative specially appointed by the entity that may attend accompanied by the lawyer in charge of defending it.
2. The failure of the person specially designated not prevent the conclusion of the investigation measure or early test shall be conducted with defense counsel. "
Four. A new article 409 bis which reads as follows is added:
"Article 409 bis.
When it has proceeded to the imputation of a legal person, a statement will be taken to specially designated representative for her, assisted by his lawyer. The statement shall be directed to the investigation of the facts and participation in them of the accused entity and others who had also been involved in its realization. A statement that you will apply the provisions of the provisions of this chapter which is not inconsistent with its special nature, including the right to remain silent, not to testify against himself or to confess guilt.
However, the absence of the person specially appointed by the legal person for representation determine who has the celebrated this act, meaning that welcomes its right not to testify. "
Five. A new article 544 quater which reads as follows is added:
"Article 544 quater.
1. When carried out the attribution of a legal person, the precautionary measures that may be imposed are those expressly provided for in the Organic Law 10/1995 of 23 November, of the Penal Code.
2. The measure will be agreed upon request of a party and hearing, at which all parties in person will be cited. The car you decide on the injunction be subject to appeal, the processing shall take priority. "
Six. A new paragraph to Article 554 4th which reads as follows is added:
"4.º case of legal persons indicted, the physical space that constitutes the center direction thereof, whether its registered office or a dependent establishment, or those other places that may be contained documents or other supports your daily life that are reserved to the knowledge of third parties. "
Seven. a new final paragraph to Article 746 which reads as follows is added:
"When the defendant is a legal person, it is subject to the provisions of Article 786 bis of this Act."
Eight. A new article 786 bis, which shall read as follows is inserted:
"Article 786 bis.
1. When the defendant is a legal person, it can be represented for a better exercise of the right of defense by a person specially appointed, must take place in the room reserved for defendants. That person may declare on behalf of the legal person if he had proposed and admitted that test, without prejudice to the right to remain silent, not to testify against himself or to confess guilt and to exercise the right to the last word at the end of act of judgment.
There may be designated for this purpose who has to testify at the trial as a witness.
2. Notwithstanding the foregoing, the non-appearance of the person specially appointed by the legal person for representation in any case not prevent the holding of the hearing, which will take place in the presence of Attorney and Attorney of it. "
Nine. A new paragraph 8 is inserted in Article 787, which shall read as follows:
'8. When the defendant is a legal person, compliance shall be provided by specially designated representative, provided they have special power. Such agreement, which is subject to the conditions set out in the preceding paragraphs, may be made regardless of the position taken by the other defendants, and its contents shall not bind the trial to be held in relation to them. "
Ten. A new article 839 bis, which shall read as follows is inserted:
"Article 839 bis.
1. The legal person concerned will only be called by requisition when it has not been possible to your citation for the act of first appearance for lack of a registered office known.
2. In the indictment of the legal person shall be recorded information identifying the entity, the crime that he is accused and his obligation to appear within the time limit has been fixed, with Barrister and Solicitor, before the judge hearing the case.
3. The indictment of the legal person shall be published in the "Official Gazette" and, if necessary, in the "Official Gazette of the Commercial Registry" or in any other newspaper or official gazette related to nature, corporate purpose or activities the accused entity.
4. After the deadline without bringing legal person, it is the declared rebel, continuing the procedural steps to completion. "
second. Amendment of Law 28/1998 of 13 July, Installment Sales of Personal Property.
A new paragraph 7, the following lines are added to the first additional provision:
'7. The provisions of paragraphs 2, 3, 4 and 5 shall apply to leases of personal property. "
third. Amendment of Law 29/1998 of July 13, regulating the Administrative Jurisdiction.
Law 29/1998, of July 13, regulating the Administrative Jurisdiction, in the following terms shall be amended:
One. Paragraph 4 of Article 8 shall read as follows:
"4. They know, too, of all decisions issued on foreigners by peripheral State Administration or by the competent bodies of the Autonomous Communities. '
Two. Paragraph 1 second rule, Article 14 shall read as follows:
"Second. When the appeal is against acts of public authorities in matters of liability, personal, special properties and sanctions shall, at the option of the plaintiff, the court or the court in whose jurisdiction it has its domicile or seat of the organ is found original author of the contested measure.
When the appeal is against acts of the authorities of the Autonomous Communities or entities of local government, the choice that this rule refers to second means limited to the jurisdiction of the Superior Court in which it is headquarters the organ which rendered the original act contested. "
Three. Paragraphs 1, 2 and 4 of Article 60 are worded as follows:
"1. Only you may request proof hosting process through otrosí, in the writings of claim and defense and the supplementary claims. In such writings should be expressed in an orderly manner the issues of fact on which the test is to relate evidence and proposed.
2. If the answer to the complaint will result new facts of relevance to the resolution of litigation, the applicant may request the inquiry and expressing the evidence to be proposed within five days following that on which the given transfer the same, notwithstanding that it can make use of their right to provide documents in accordance with paragraph 4 of Article 56. "
"4. The test is conducted in accordance with the general rules established for civil process, being within thirty days to practice. However, the process may provide the evidence taken outside this period for reasons not attributable to the party that proposed causes. "
Four. redraft paragraph 1 is given and a third paragraph to paragraph 3 of Article 78, which are worded as follows is added:
"1. Courts of Administrative Litigation and, where appropriate, the Central Administrative Litigation of this Jurisdictional Order Courts known by the abbreviated procedure in matters within its jurisdiction arising on personnel matters serving Administrations public on immigration and rejection of requests for political asylum, matters of sport on doping, as well as all those whose amount does not exceed 30,000 euros. "
However, if the plaintiff asks for otrosí in its application that the appeal fails without inquiry nor of view, the clerk shall transmit it to the defendants for the answer within twenty days, with the warning that it is the first paragraph of Article 54. the defendants may, within the first ten days of the deadline to reply to the application, request the holding of the hearing concerned. In this case the clerk shall summon the parties to act in accordance with the provisions of the preceding paragraph. Otherwise, the clerk shall proceed in accordance with the provisions of Article 57, stating concluso the lawsuit without further ado once answered the complaint, unless the court makes use of the power conferred by Article 61. "|| |
Five. Paragraph 1 a) of Article 81 shall read as follows:
"A) Those whose amount does not exceed 30,000 euros."
Six. 2.b) of Article 86 shall read as follows:
"B) Relapses, whatever the subject, in cases involving claims not exceeding 600,000 euros, except in the case of the special procedure for the defense of fundamental rights, in which case the remedy whatever amount of the litigious matter. "
Seven. Paragraph 3 of Article 96 shall read as follows:
'3. Only be subject to appeal for unification of doctrine those judgments which are not appealable in cassation as set out in paragraph b) of Article 86.2, provided that the disputed amount exceeds 30,000 euros. "
Eight. Paragraph 2 of Article 99 shall read as follows:
'2. This resource only proceed against decisions that are not subject to appeal or appeal for unification of doctrine exclusive application of the provisions of Article 86.4 and litigious when the amount exceeds 30,000 euros. "
Nine. Article 104 shall read as follows:
1. Then it sign a judgment, the court clerk shall notify within ten days to the body that had performed the activity under appeal, so that, having received the communication, leading to pure and proper effect and practice what you require compliance with the statements contained in the judgment, and at the same time indicate the body responsible for the compliance of that.
2. After two months from the communication of the judgment or the time limit on it for compliance with the ruling under Article 71.1.c), any of the parties and persons affected may request their enforcement.
3. Given the nature of the claim and the effectiveness of the judgment, it may set a lower limit for compliance, when the provisions of the preceding paragraph do ineffective or cause serious injury. "
Ten. Article 135 shall read as follows:
1. When stakeholders argue the concurrence of circumstances of special urgency in the case, the judge or court without hearing the other party, within two days may by order:
A) Appreciate the circumstances of particular urgency and adopt or reject the measure under Article 130. Against this car no appeal shall lie. In the same resolution, the court shall hear the opposing party that within three days claiming it deems appropriate or summon the parties to a hearing to be held within three days following the adoption of the measure. Claims received after the deadline or if any or held the hearing, the judge or court shall issue an order on lifting, maintenance or modification of the measure, which may be appealed in accordance with the general rules.
As regards the recording of the hearing and its documentation, the provisions of Article 63 shall apply
B) not appreciate the circumstances of particular urgency and order processing the precautionary incident under Article 131, during which interested parties may not request any article under this remeasured.
2. In cases that are related to actions of the Administration on foreigners, asylum and refugee status involving return and affected is a minor, the court shall hear the prosecutor in advance to issue an order to that referred to in the first paragraph of this Article. "
Once. a new wording in paragraph 1 of Article 139, which shall read as follows:
"1. In first or single instance, the court, in passing sentence or solve auto resources or incidents with the same promovieren, will impose costs to the party that has been rejected all claims unless appreciate and so give reasons that the case presented serious questions of fact or law.
In cases estimation or partial rejection of the claims, each party will pay the costs to your instance and common by half, unless the court, duly razonándolo, the imposing on one of them for having sustained action or proceedings have recklessness or bad faith. "
room. Amendment of Law 1/2000 of 7 January on Civil Procedure.
Law 1/2000 of 7 January, Civil Procedure, is amended as follows:
One. Paragraph 4 of Article 22 shall read as follows:
"4. The process of eviction of urban or rural property for nonpayment of rents or amounts owed by the tenant will end by decree issued for the purpose by the Clerk if required that prior to the conclusion of the hearing on the terms provided in Article 440.3 of this Act, the actor pays or offers in court or notary the amount of the amounts claimed in the application, and the owed at the time of the payment of eviction enervating. If the complainant objected to the enervation not met the above requirements, the parties shall be summoned to the forewarned in Article 443 of this Act view, after which the judge will sentence for which he will declare enervated action or in another case, having estimated demand in eviction.
The provisions of the preceding paragraph shall not apply where the lessee had enervated the eviction on a previous occasion, except that the charge had not taken place for reasons attributable to the landlord or lessor would have required payment to the lessee for any reliable means with at least one month prior to the filing of the application and payment had not been made at the time of the presentation. "
Two. a new wording in ordinals 1st and 8th and 9th ordinal paragraph 2 of Article 26, which are drafted in the following terms shall be added:
"1st to pursue the matter until it ceases its representation by any of the causes expressed in Article 30. It is for the obligation to cooperate with the courts to rectify the procedural defects as well as performing all actions that are necessary for the momentum and the good progress of the process. "
"8 Grade A performing communication acts and other acts of cooperation with the Administration of Justice that his client asks you, or in the interest of this when so agreed in the course of judicial proceedings by the Court Clerk in accordance with the provisions of the procedural laws.
9th to go to the courts before exercising the profession, notifications rooms and common services during the working period of performances. "
Three. a new ordinal 7.º the second paragraph of Article 241 paragraph 1, with the following wording:
"7th The fee for the exercise of judicial power, when it is prescribed."
Four. The 11th ordinal paragraph 1 of Article 250 shall read as follows:
"The 11th intending that the court resolved, summarily, on the breach of a contract of lease, lease of movable property, or a contract of installment sale with reservation of ownership, provided that are registered in the Register of installment Sales of Chattels and formalized in the official form for this purpose, by exercising an action exclusively aimed at obtaining the immediate delivery of the goods to the lessor, the landlord or seller or funder in the place indicated in the contract, prior notification of this resolution, if necessary. "
Five. Paragraph 4 of Article 439 shall read as follows:
"4. In cases of numbers 10th and 11th of paragraph 1 of Article 250, when exercised action based on breach of contract furniture for sale goods installment, no claims will be admitted to not accompany the accreditation of the payment to the debtor, with expressive diligence of default and non-delivery of the goods, under the terms specified in the second paragraph of Article 16 of the Law of installment Sales of Chattels and certification registration of property in the Register of Installment Sales of Chattels, if it were property subject to registration therein. When actions based on breach of contract leasing or movable property are exercised, the demands were not admitted to the accreditation of the payment to the debtor, with expressive diligence default and is not accompanied not delivering the However, under the terms provided in the third paragraph of the first additional provision of the Act Installment Sales of Personal Property. "
Six. redraft paragraph 3 is given and a new paragraph 4 is added to Article 440, it shall read as follows:
'3. In cases of lawsuits in which the claim of eviction exercise for nonpayment of rent or amounts due, accumulating or not the application for an order to pay them, the court clerk, upon admission and prior to the hearing that it noted, require the defendant so that within ten days, vacate the property, pay the plaintiff or, should pretend enervation, pay the totality of what should or made available to him in court or notary the amount of the amounts claimed in demand and the owed at the time of the payment of eviction enervating; or otherwise appear before it and argue briefly, asking opposition, the reasons why, in his view, should not, in whole or in part, the amount claimed or the circumstances surrounding the origin of enervation.
If the plaintiff has stated in its application that is committed to in paragraph 3 of Article 437 refers to, will become clear in the request, and acceptance of this commitment equivalent to a search with the purposes of Article 21.
In addition, the requirement set forth the day and time that had been appointed to take place the eventual view, for which will serve as a summons, and release practice. It was also expressed that in case of free legal aid to the defendant, must do so within three days of practice requirement.
The requirement will be practiced in the manner provided in Article 161 of this Act, warn the defendant that do not perform any of the actions mentioned in its immediate launch will proceed without further notification, as well as the other points covered in the next section of this article.
If the defendant does not comply with the order for payment or fails to appear to oppose or accept, the court clerk to issue a decree ending the unlawful detainer and will transfer the complainant to urge the release of execution, it being sufficient to mere request.
If the defendant turneth the requirement regarding the eviction of the property without making any opposition or pay the amount reclamase, the court clerk shall state and issue a decree terminating the proceeding for eviction, transfer to the complainant giving to urge the release of execution, it being sufficient to mere request.
4. In all cases of eviction, he also shall prepare himself to the defendant in the request to be made which, if not appear at the hearing, the eviction will be declared without further formalities and is quoted to receive notification of the ruling given the sixth day following the day appointed for the hearing. Similarly, the resolution of admission date and time will be set to take place, if necessary, launch, to be verified before one month from the date fixed for the hearing, warning the defendant that if the sentence were condemnatory and not recourse, it will proceed to launch the set date, without further notice. "
Seven. The first paragraph of paragraph 4 of Article 441 shall read as follows:
"4. In the case of No. 10th paragraph 1 of Article 250, admitted the claim, the court shall order the display of goods to the holder, under penalty of incurring in disobedience to the judicial authority, and its immediate lien, which will ensure by deposit under the provisions of this law. When, under the provisions of paragraph 1 number 11th Article 250 actions based on breach of contract leasing, property lease or installment sale contract with reservation of ownership are exercised, admitted demand the court shall order the deposit of good whose surrender is claimed. No bond is required the applicant for the adoption of these precautionary measures, nor opposed the defendant be admitted to them. Requests for amendment or replacement measures for bail not be admitted. "
Eight. Article 449 shall read as follows:
"Article 449. Right of appeal in special cases.
1. In the processes have entailed launching not be admitted to the defendant appeals, extraordinary procedural infringements or appeal if the appeal, as no manifest, crediting in writing, have met overdue rents and that under the contract must advanced pay.
2. Appeals, extraordinary procedural infringements or appeal, which the previous paragraph refers to, deserts be declared, whatever the state in which they are, if during the conduct of the same recurring defendant fails to pay the deadlines expire or need to overtake. The tenant may advance or deposit the payment of various periods unmatured, which is subject to liquidation once final judgment. In any case, the payment of such amounts shall not be deemed novation of the contract.
3. In processes in which the sentence to compensate the damages resulting from the movement of motor vehicles will not be admitted to sentenced to pay compensation appeals, extraordinary procedural infringements or appeal it is intended, if, such remedies not credited constituted deposit the amount of the sentence plus interest and surcharges payable at the establishment for the purpose. This deposit will not stop, if any, the provisional execution of the judgment given.
4. In processes in which the sentence to pay the amounts owed by an owner to the residents it is intended, not to be accepted condemned the appeal, extraordinary procedural infringements or appeal if, such remedies are not credited to have satisfied or the liquid amount appropriated to the conviction contracts. The provision shall not prevent the amount, if any, the provisional execution of the judgment given.
5. The deposit or required in the preceding paragraphs may also be made by joint and several guarantee of indefinite and payable duration first demand issued by a credit institution or mutual guarantee company or by any other means, according to the court, to ensure immediate availability, where applicable, the amount recorded or deposited.
6. In the cases of the preceding paragraphs, before they are rejected or declared deserts resources, will be governed by the provisions of Article 231 of this Act regarding the documentary evidence of compliance with the requirements. "
Nine. Paragraph 1 of Article 454a shall read as follows:
"1. Contra operative decree replacement not appeal shall, without prejudice to reproduce the issue, necessarily, in the first hearing before the court after making the decision and, if not possible by the state of the car, it may be by written request before the final decision is taken to be solvent in it.
Will fit direct appeal for review against decrees finally put the process or prevent its continuation. That appeal will have no suspensive effect without, in any case, proceed to act contrary to what had been resolved.
Will fit equally direct appeal for review of the decrees in cases where expressly provides. "
Ten. Paragraph 1 of Article 455 shall read as follows:
"1. The judgments in all kinds of judgment, final orders and those which the law expressly stated, be appealed, with the exception of judgments in verbal judgments on the basis of the amount when it does not exceed 3,000 euros. "|| |
Once. Article 457 is without content.
Twelve. Article 458 shall read as follows:
"Article 458. Filing the application.
1. The appeal was lodged with the court that rendered the decision which is contested within twenty days from the day after notification thereof.
2. In bringing the action the appellant shall state the allegations on which the challenge is based, in addition to citing the decision appealed and pronouncements challenging.
3. If the contested decision was appealed and the appeal were instituted in time, within three days, the court clerk shall brought the appeal. Otherwise it shall inform the court to rule on the admissibility of the action.
If the court understood that the admission requirements are met, shall issue a ruling for having brought the action; otherwise, it shall issue an order declaring the rejection. Against this order may only be appealed in complaint.
Against the resolution to be taken by the appeal filed no appeal, but the defendant may plead the inadmissibility of the appeal in processing opposes the use of Article 461 of this Law . "
Thirteen. Paragraph 1 of Article 463 shall read as follows:
"1. Filed appeals and presented, where appropriate, the notice of opposition or appeal, the court clerk shall order the referral of the case to the competent court to resolve the appeal, location of the parties within ten days.
If the appellant fails to appear within the prescribed period, the court clerk shall declare void the appeal and will sign the decision appealed. "
Catorce. Article 470 shall read as follows:
"Article 470. Filing the application.
1. The extraordinary appeal for procedural infringement be brought before the court that rendered the decision which is contested within twenty days from the day after notification thereof.
2. Presented the letter initiating proceedings and once the time at their disposal all parties to appeal, the court clerk, within three days, it shall be filed whenever the decision is appealable, one of the reasons alleged provided for in Article 469 and, where appropriate, it had acted in accordance with paragraph 2 of this Article. Otherwise it shall inform the court to rule on the admissibility of the action.
If the court understood that the admission requirements are met, shall issue a ruling for having brought the action; otherwise, it shall issue an order declaring the rejection. Against this order may only be appealed in complaint.
Against the decision by which the appeal has been filed no appeal, but the defendant may plead inadmissibility in opposition proceedings. "
. Article 471 shall read as follows:
"Article 471. Contents of the notice initiating proceedings.
In the brief filing is reasonably expose committed the offense or violation, stating, if applicable, how influenced the process. Also practice may request any evidence deemed necessary to establish an infringement or violation produced, and the holding of view. "
Sixteen. Article 473 shall read as follows:
"Article 473. Admission.
1. Received the cars in court, the proceedings shall pass to the presiding judge to be instructed and submit to the deliberation of the Chamber which has settled on the admission or rejection of the extraordinary appeal for procedural infringement.
2. The extraordinary appeal for procedural infringement inadmitirá in the following cases:
If you estimate it at this step the lack of the requirements set out in Articles 467, 468 and 469.
2nd If the resource persons without manifestly unfounded.
The Chamber before deciding, it will reveal the possible cause of action inadmissible parties in person so that within ten days, formulate the allegations they deem appropriate.
If the Chamber sees fit that any of the causes of inadmissibility, issue an order declaring the action inadmissible and firmness of the contested decision. If the cause of inadmissibility not affect more than any of the alleged infringements, also settled by order the action admissible in respect of the resource denounce others.
3. No appeal shall lie against the order ruling on the admission of the extraordinary appeal for procedural infringement. "
Seventeen. Paragraph 2 of Article 477 shall read as follows:
'2. You may be challenged by appeal judgments in second instance by the Provincial Courts, in the following cases:
1st When were issued for civil judicial protection of fundamental rights, except those recognized in Article 24 of the Constitution.
2nd exceeds the amount of 600,000 euros process.
3.º When the amount of process does not exceed 600,000 euros or this has been processed by reason of the matter, provided that in both cases the decision on the appeal cassation present interest '.
. Article 478 shall read as follows:
"Article 478. Competition. Simultaneity of resources.
1. Knowledge of the appeal, in civil matters, corresponds to the First Chamber of the Supreme Court.
However, it is for the Chambers of Civil and Criminal Divisions of the High Courts hear the appeals to proceed against decisions of the civil courts based in the Autonomous Community, provided that the appeal is based, alone or with other reasons, in breach of the rules of civil own, foral or special law of the Community, and where the corresponding Statute of Autonomy has foreseen this attribution.
2. When the same part interpose appeals against the same judgment before the Supreme Court and the High Court, it shall, by providence, not presented the first one, as this fact is proved. "
. Article 479 shall read as follows:
"Article 479. Filing the application.
1. The appeal is lodged with the court that rendered the decision which is contested within twenty days from the day after notification thereof.
2. If the contested decision was subject to appeal and this were instituted in time, within three days, the court clerk shall brought the appeal. Otherwise it shall inform the court to rule on the admissibility of the action.
If the court understood that the admission requirements are met, shall issue a ruling for having brought the action; otherwise, it shall issue an order declaring the rejection. Against this order may only be appealed in complaint.
Against the decision by which the appeal has been filed no appeal, but the defendant may oppose the admission to appear before the court of cassation. "
. Article 480 is without content.
Veintiuno. redraft is given heading and paragraph 1 of Article 481 and left without content paragraph 4:
"Article 481. Contents of the notice initiating proceedings.
1. In the brief filing the case, those provided by Article 477.2, according to which it is intended to appeal the sentence be expressed. Also they are exhibited, with the necessary extension, the foundations and may request a hearing. "
Twenty-two. The course 1st paragraph 2 of Article 483 shall read as follows:
"1st If the appeal is inadmissible, not be appealable judgment or any other defect of irremediable way."
Twenty-three. Article 495 shall read as follows:
"Article 495. Substantiation and decision.
1. The complaint was lodged with the appropriate body to resolve the appeal is not submitted, within ten days from the notification of the decision refusing the processing of an appeal, extraordinary appeal for procedural or infringement. With the action must be accompanied by a copy of the decision appealed.
2. Presented in time the resource with the copy, the court will decide on it within five days. If it is considered good denied the appeal proceedings, he will send an order that the appropriate court, for the record in cars. If deemed bad denied, the court shall order to continue processing.
3. Against an order resolving the complaint appeal no appeal shall lie. "
Twenty-four. The ordinal 9th paragraph 2 of Article 517 shall read as follows:
"9.º Other procedural decisions and documents which, by provision of this or other law, punishable by execution."
. Paragraph 1 of Article 527 shall read as follows:
"1. The provisional execution may be requested at any time from the notification of the resolution that has been filed the appeal, or, where applicable, from the transfer to the appellant brief appealed adhering to the resource, and always before it has resulted in this sentence. "
Twenty-six. Paragraph 2 of Article 535 shall read as follows:
'2. In cases to which the preceding paragraph provisional execution may be requested at any time from the notification of the decision that has been filed an extraordinary appeal for procedural infringement or appeal and always before judgment has been passed in these means.
The application shall be submitted to the Court hearing the trial process, accompanying certification of the judgment which provisional execution is sought, as well as testimony of those individuals deemed necessary, certification and testimony to be obtained from the court that there issued the appeal decision or, where appropriate, the competent body to hear the appeal has been lodged against it. "
Veintisiete. Article 548 shall read as follows:
"Article 548. Timeout for the execution of procedural or arbitration decisions.
Not implementing procedural or arbitral awards shall be released within twenty days after the date when the sentence becomes final resolution or the resolution of approval of the agreement it has been notified to the defendant. "
Twenty-eight. Paragraph 1 of Article 556 shall read as follows:
"1. If the executive title was a procedural or arbitral resolution condemning the execution, within ten days of notification of the order in which execution is dispatched, you can oppose it in writing claiming payment or compliance with the order in Case , which must justify documented.
It may also oppose the expiry of executive action, and the agreements and transactions had agreed to avoid execution, provided that such agreements and transactions recorded in a public document. "
Veintinueve. Paragraph 1 of Article 563 shall read as follows:
"1. When, having dispatched execution under judgments or judgments, the court competent for execution provide contradicts the executive title, the aggrieved party may appeal for reconsideration and, if desestimare, appeal.
If contrary to it be enforceable resolution issued by the court clerk, upon reset, it will fit against judicial review before the court and, if rejected, appeal. "
. Article 579 shall read as follows:
"Article 579. Execution monetary especially in cases of mortgaged or pledged assets.
When the execution is directed exclusively against mortgaged or pledged as collateral for a monetary debt will be governed by the provisions of Chapter V of this Title. If auctioned mortgaged or pledged assets, your product is insufficient to cover the loan, the performer may request the release of execution for the amount missing, and against whom appropriate, and execution will continue under the ordinary rules applicable to every execution. "
Thirty-one. Article 599 shall read as follows:
"Article 599. Competition and substantiation.
The third party domain, to be brought before the court clerk responsible for implementation shall be settled by the court which issued the general order and dispatch it and be substantiated by the procedures provided for verbal judgment. "| ||
Thirty-two. Paragraph 1 of Article 617 shall read as follows:
"1. The third party is always better right directed against the enforcing creditor, and shall be conducted through the channels of verbal judgment. Filed, the clerk shall transmit to the defendants for the answer in writing within twenty days, as provided in section 405 of this Act. "
Thirty-three. Article 651 and section be worded as follows:
"Article 651. Award of goods performer.
If in the act of the auction there be no bidder, the creditor may request the award of goods by 30 per 100 of assessed value, or the amount owed for all items.
In any case, even when acting as bidder bidder will win the enforcing creditor property, or assign the auction or award to third, being less than 30 per 100 of assessed value.
When the creditor, within twenty days, does not make use of this power, the judicial Secretary will proceed to lift the embargo, at the request of the executed. "
Thirty-four. Paragraph 1 of Article 744 shall read as follows:
"1. Acquitted the defendant in first or second instance, the court clerk shall order the lifting of the precautionary measures taken, if the appellant does not request maintenance or adoption of any other interim measure at the time of appeal against the judgment. you will notice in this case the court, which heard the opposing party and prior to referring the case to the competent body to rule on the appeal against the judgment, shall act accordingly on the request, based on the subsistence of budgets and circumstances justifying the maintenance or adoption of such measures. "
Thirty-five. a paragraph 3 of Article 753, which shall read as follows is added:
'3. The processes referred to in this title shall be given precedence whenever any of those interested in is a minor, incapacitated or is in a position of legal absence procedure. "
Thirty-six. Paragraph 1 of Article 812 shall read as follows:
"1. You can go to the payment procedure of another party seeking payment of monetary debt of any amount, liquid, determined, due and payable when the debt is proven in some of the following ways:
documents, whatever their form and class or the hardware on which they are, they appear signed by the debtor or his seal, stamp or mark or any other sign, physical or electronic.
2nd invoices, delivery notes, certificates, telegrams, telefax or any other documents, even unilaterally created by the creditor, are those usually documented credits and debts in class relations appear that between creditor and debtor. "
Thirty-seven. a new sixth additional provision is added to read as follows:
"Sixth additional provision. Adjudication of property.
In the case of awards requested by the enforcing creditor under the terms provided in Section VI of Chapter IV of Title IV of Book III and provided that the auctions that there be no bidder are made on different real estate the residence of the debtor, the creditor may request the award of the property by not less than fifty percent of its appraised value or the amount owed for all items amount.
In addition, under the terms provided in said section and for goods cited various buildings of the residence of the debtor, when offered the highest bid is less than 70 percent of the value by which the good would come to auction and the debtor has not filed bidder, the creditor may request the award of the property by 70 percent or the amount owed for all items, provided this quantity is greater than the best posture. "
Thirty-eight. The sixteenth final provision is worded as follows:
"Sixteenth final provision. Transitional arrangements concerning extraordinary remedies.
1. While not confer on the Superior Courts of Justice jurisdiction to hear the extraordinary appeal for procedural infringement, such appeal shall, for the reasons set out in Article 469, in respect of decisions that are subject to appeal pursuant to Article 477.
For the filing and resolution of the extraordinary appeal for procedural infringement the following rules shall be followed:
be competent to hear the extraordinary appeal for procedural infringement the Civil Chamber of the Supreme Court, but in cases where competition for the appeal corresponds to the Boards of Civil and Criminal Courts superiors of Justice, the contested decisions can also be challenged on the grounds provided for in Article 469 of this Law.
2nd extraordinary appeal may be filed only for procedural infringement without making appeal against the decisions subject to appeal referred 1st and 2nd numbers of the second paragraph of Article 477 of this Law. | ||
3rd When a litigant intends to seek a resolution for procedural infringement and appeals, must bring both resources in a single letter. In such remedies and remission of cars, they will be applicable deadlines set out in Articles 479 and 482, respectively.
4th Whenever filed against a decision, appeal for procedural infringement and appeal, both are handled in a single procedure. In the case of appeals filed by different parties, it proceeds to its accumulation.
5th If tramitaren jointly appeal for procedural infringement and appeal, the Board will consider, first, whether the contested decision is subject to appeal, and if he is not so, remember the action inadmissible by infringement procedure.
When the appeal for procedural infringement has been formulated exclusively basing its origin in the 3rd number of the second paragraph of Article 477, the Chamber shall decide whether the admission or rejection of the appeal, and if the rejection will remember, is it inadmitirá the appeal for procedural infringement, without further formalities. Only in the event that the appeal proves acceptable, we will proceed to decide on the admission of the extraordinary appeal for procedural infringement.
resources than the previous rule refers to the extraordinary remedy is always resolved first procedural infringements and, only when it is rejected, it shall hear and determine the appeal. In this case, the dismissal of the appeal for procedural infringement and the decision on the appeal will be contained in the same sentence.
7th When had appealed the sentence infringement proceedings under 2nd paragraph reason Article 469 first, the Chamber, the resource estimate for that reason, will issue new sentence, taking into account, case, which is relied upon as the basis of the appeal. Likewise will decide the Chamber if it were alleged and produced considers a violation of Article 24 of the Constitution that only affects the sentence.
8th Judgments dictated by solving extraordinary appeals for procedural infringement and appeals, no appeal.
2. While the Boards of Civil and Criminal Court of the Superior Courts lack jurisdiction, in general, of extraordinary appeals for procedural infringement, not apply Articles 466, 468 and 472, and Articles 488 493 and the fourth paragraph of Article 476. the provisions of the last paragraph of the second paragraph of Article 476 shall not apply in cases where the extraordinary appeal for procedural infringement deemed founded in reason 2nd paragraph of the first Article 469 or violations of Article 24 of the Constitution that only affect the judgment.
References to the High Courts of Justice, contained in Article 472 shall be construed to the Chamber which is competent to hear the appeal. "
Single transitional provision. Processes pending.
Processes which are in process in any instance of the entry into force of this Act, shall continue sustanciándose until judgment in that instance under the previous procedural legislation.
First final provision. competential title.
This Act is issued under the provisions of Article 149.1.6.ª of the Spanish Constitution.
Second final provision. Reform of article 35 of Law 53/2002 of 30 December on Fiscal, Administrative and Social Measures.
The first section number six "Determination of tax liability" in Article 35 of Law 53/2002 of 30 December on Fiscal, Administrative and Social Measures, which shall read as follows is amended :
"Six. Determination of tax liability.
1. Shall be due a fixed amount, depending on each type of process is determined in the following table:
In the civil courts
Payment in an amount exceeding 3,000 euros
Annulment and infracc. procedural
In order Jurisdictional Administrative Litigation
Final disposition third. Entry into force.
This Law shall enter into force on the twentieth day of its official publication in the "Official Gazette".
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, 10 October 2011.
JUAN CARLOS R.
The Prime Minister,
JOSÉ LUIS RODRIGUEZ ZAPATERO