Civil Code

Bearing in mind the provisions of the law of 26 May last; in accordance with the proposal of the Minister of Grace and Justice, and in accordance with the opinion of my Council of Ministers;

In the name of my Augustus Son King D. Alfonso XIII, and as Queen Regent of the Kingdom,

I have come to decree that the attached text of the new edition of the Civil Code, made with the amendments and additions proposed by the Civil Affairs Section of the General Codification Commission, according to the outcome of the discussion held in both Co-legislator Bodies, and in compliance with the provisions of the aforementioned law of 26 May last.

Given in San Ildefonso to twenty-four of July of one thousand eight hundred and eighty-nine.

Maria Cristina

The Minister of Grace and Justice,

JOSENE CANALEJAS AND MENDEZ

CIVIL CODE

PRELIMINARY TITLE

Legal standards, their application and effectiveness

CHAPTER I

Sources of law

Text added, published on 09/07/1974, in force from 29/07/1974.

Article 1.

1. The sources of the Spanish legal order are law, custom and general principles of law.

2. Provisions contradicting a higher ranking provision shall be invalid.

3. Custom shall only apply in the absence of applicable law, provided that it is not contrary to morals or public order and is proved.

Legal practices which are not merely interpretative of a declaration of will shall be considered customary.

4. The general principles of law shall be applied in the absence of law or custom, without prejudice to their informative nature in the legal system.

5. The legal rules contained in international treaties shall not apply directly in Spain until they have become part of the domestic law by being published in full in the Official Gazette of the State.

6. Jurisprudence will complement the legal system with the doctrine repeatedly established by the Supreme Court in interpreting and applying the law, custom and general principles of law.

7. Judges and tribunals have an inexcusable duty to resolve in any case the cases they hear, in accordance with the established system of sources.

Article 2.

1. The laws shall enter into force on the twentieth day following their full publication in the Official State Gazette, if they do not provide otherwise.

2. The laws are only repealed by later laws. The derogation shall have the scope expressly provided for and shall always extend to anything which is incompatible with the former in the new law on the same subject. By simple repeal of a law, those that have been repealed by the law do not regain force.

3. The laws shall have no retroactive effect, unless otherwise provided.

CHAPTER II

Application of legal rules

Text added, published on 09/07/1974, in force from 29/07/1974.

Article 3.

1. The rules will be interpreted according to the proper meaning of their words, in relation to the context, the historical and legislative background, and the social reality of the time in which they are to be applied, with a fundamental focus on the spirit and purpose of those.

2. Equity must be weighed in the application of the rules, although the Tribunals ' decisions may rest exclusively on it only when the law expressly permits.

Article 4.

1. Analogue of rules shall apply where they do not provide for a specific case, but regulate a similar case among those who appreciate the identity of reason.

2. Criminal, exceptional and temporary laws shall not apply to cases or at times other than those expressly covered by them.

3. The provisions of this Code shall apply as supplementary to matters governed by other laws.

Article 5.

1. Provided that nothing else is established, within the time limits specified by days, after a given one, it shall be excluded from the calculation, which shall begin on the following day; and if the time limits are fixed by months or years, they shall be counted from date to date. Where there is no day in the month of expiry equivalent to the initial calculation, the period shall be deemed to expire on the last of the month.

2. The civil calculation of the time limits does not exclude inoperable days.

CHAPTER III

Overall effectiveness of legal norms

Text added, published on 09/07/1974, in force from 29/07/1974.

Article 6.

1. Ignorance of laws does not excuse their fulfillment. The error of law will produce only those effects that the laws determine.

2. The voluntary exclusion from and waiver of the rights recognized in the applicable law shall be valid only if they do not conflict with the public interest or order or harm third parties.

3. Acts contrary to peremptory and prohibitive norms are null and void, unless they establish a different effect in the event of contravention.

4. Acts carried out under or contrary to the text of a rule that pursue a result prohibited by or contrary to the legal system shall be deemed to have been executed in the form of a fraud of law and shall not prevent the proper application of the rule that has been attempted to circumvent.

Article 7.

1. The rights must be exercised in accordance with the requirements of good faith.

2. The Act does not protect the abuse of the right or the antisocial exercise thereof. Any act or omission which, by the intention of the perpetrator, by its object or by the circumstances in which it is carried out, clearly exceeds the normal limits of the exercise of a right, with damage to the third party, shall result in compensation and the adoption of judicial or administrative measures that prevent the persistence of the abuse.

CHAPTER IV

Rules of private international law

Text added, published on 09/07/1974, in force from 29/07/1974.

Article 8.

1. Criminal, police and public security laws bind all those who are in Spanish territory.

Article 9.

1. The personal law applicable to natural persons is that determined by their nationality. This law shall govern the capacity and marital status, the rights and duties of the family and the succession by reason of death.

The change of personal law shall not affect the age of majority acquired in accordance with the previous personal law.

2. The effects of marriage shall be governed by the common personal law of the spouses at the time of the marriage; in the absence of this law, by the personal law or the habitual residence of either of them, chosen by both of them in authentic document issued before the marriage; in the absence of this choice, by the law of the common habitual residence immediately after the celebration, and, in the absence of such residence, by that of the place of marriage.

Invalidity, separation and divorce shall be governed by the law established by article 107.

3. Covenants or capitulations establishing, modifying or replacing the economic regime of marriage shall be valid if they are in conformity with the law governing the effects of marriage, either with the law of nationality or with the habitual residence of any of the parties at the time of the grant.

4. The determination and character of filiation by nature shall be governed by the law of the habitual residence of the child at the time of establishment of filiation. In the absence of the child ' s habitual residence, or if this law does not permit the establishment of filiation, the national law of the child shall apply at that time. If this law does not permit the establishment of filiation or if the child lacks habitual residence and nationality, the Spanish substantive law shall apply. As regards the establishment of filiation by adoption, paragraph 5 shall apply.

The law applicable to the content of filiation, by nature or by adoption, and the exercise of parental responsibility, shall be determined in accordance with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children.

5. Intercountry adoption shall be governed by the rules contained in the Intercountry Adoption Act. Similarly, adoptions constituted by foreign authorities shall take effect in Spain in accordance with the provisions of the above-mentioned Law on Intercountry Adoption.

6. The law applicable to the protection of minors shall be determined in accordance with the Hague Convention of 19 October 1996 referred to in paragraph 4 of this Article.

The law applicable to support measures for persons with disabilities shall be that of their habitual residence. In the case of a change of residence to another State, the law of the new habitual residence shall apply, without prejudice to the recognition in Spain of the support measures agreed in other States. However, the Spanish law will apply to the adoption of temporary or urgent support measures.

7. The law applicable to maintenance obligations between relatives shall be determined in accordance with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations or legal text replacing it.

8. Succession by death shall be governed by the National Law of the deceased at the time of his death, regardless of the nature of the property and the country in which it is located. However, the provisions made in the will and the succession agreements ordered under the National Law of the Testator or the Ensign at the time of their granting shall remain valid, even if the law governing the succession is another law, although the legitimate ones shall be in accordance with the latter, where appropriate. The rights conferred on the surviving spouse by the law shall be governed by the same law governing the effects of marriage, except in all cases that are legitimate to the descendants.

9. For the purposes of this chapter, in respect of the situations of dual nationality provided for in Spanish law, it is to be determined by international treaties, and, if they do not establish anything, nationality that coincides with the last habitual residence and, failing that, the last acquired nationality will be preferred.

In any case, Spanish nationality will prevail, and another nationality will prevail, which is not provided for in our laws or in international treaties. If you have two or more nationalities and none of them are Spanish, you will be at what the following paragraph states.

10. The law of the place of their habitual residence shall be considered as the personal law of those who lack nationality or have an indeterminate nationality.

11. The personal law applicable to legal persons is that determined by their nationality, and shall govern all matters relating to capacity, constitution, representation, operation, transformation, dissolution and extinction.

In the merger of companies of different nationality, the respective personal laws shall be taken into account.

Article 10.

1. Possession, ownership, and other rights to immovable property, as well as their publicity, shall be governed by the law of the place where they are located.

The same law shall apply to movable property.

For the purpose of the creation or assignment of rights in goods in transit, they shall be deemed to be located at the place of dispatch, unless the sender and the consignee have expressly or tacitly agreed that they are deemed to be located at the place of destination.

2. Ships, aircraft and means of transport by rail, as well as all rights established over them, shall be subject to the law of the place where they are flagged, registered or registered. Automobiles and other means of road transport shall be subject to the law of the place where they are located.

3. The issuance of securities shall be in accordance with the law of the place where it is produced.

4. Intellectual and industrial property rights shall be protected within Spanish territory in accordance with Spanish law, without prejudice to the provisions of international conventions and treaties to which Spain is a party.

5. The law to which the parties have expressly submitted themselves shall apply to contractual obligations, provided that it has any connection with the business in question; failing that, the national law common to the parties; in the absence of such law, the law of the common habitual residence; and, ultimately, the law of the place of conclusion of the contract.

Notwithstanding the provisions of the preceding paragraph, in the absence of express submission, the law of the place where they are located shall apply to contracts relating to immovable property, and to the sale of tangible furniture in commercial establishments, the law of the place where they are located.

6. Obligations arising from the employment contract, in the absence of an express submission by the parties and without prejudice to Article 8(1), shall be subject to the law of the place where the services are provided.

7. Donations shall, in any event, be governed by the national law of the donor.

8. In contracts concluded between persons in Spain, natural persons who enjoy capacity under Spanish law may only invoke their disability resulting from the law of another country if, at the time of the conclusion of the contract, the other party had known or ignored such disability by virtue of negligence on its part.

9. Non-contractual obligations shall be governed by the law of the place where the event occurred.

Business management shall be regulated by the law of the place where the manager carries out the main activity.

The law under which the transfer of the value of wealth in favour of the enriched is carried out shall apply in the case of enrichment without cause.

10. The law regulating an obligation extends to the requirements of compliance and the consequences of non-compliance, as well as its termination. However, the law of the place of performance shall apply to the modalities of execution requiring judicial or administrative intervention.

11. Legal representation shall be subject to the law regulating the legal relationship from which the powers of the representative arise, and to the voluntary authority, if it is not expressly submitted, to the law of the country in which the powers conferred are exercised.

Article 11.

1. The forms and solemnities of contracts, wills and other legal acts shall be governed by the law of the country in which they are granted. However, those concluded in the forms and solemnities required by the law applicable to its content, as well as those concluded under the personal law of the landlord or the common law of the grantor, shall also be valid. Acts and contracts relating to immovable property granted in accordance with the forms and solemnities of the place where they are located shall also be valid.

If such acts are granted on board ships or aircraft during their navigation, they shall be deemed to be concluded in the country of their flag, registration or registration. Military vessels and aircraft are considered as part of the territory of the State to which they belong.

2. If the law regulating the content of the acts and contracts requires a certain form or solemnity for their validity, it shall always apply, even if those acts and contracts are granted abroad.

3. Spanish law shall apply to contracts, wills and other legal acts authorized by diplomatic or consular officials of Spain abroad.

Article 12.

1. The qualification for determining the applicable conflict rule shall always be made in accordance with Spanish law.

2. Referral to foreign law shall be deemed to be made to its material law, without regard to the referral that its conflict rules may make to any law other than the Spanish law.

3. Under no circumstances shall foreign law apply when it is contrary to public order.

4. The use of a conflict rule in order to circumvent a mandatory Spanish law shall be considered as a fraud of law.

5. Where a conflict rule refers to the law of a State in which different legislative systems coexist, the determination of which is applicable between them shall be made in accordance with the law of that State.

6. The courts and authorities shall apply the conflict rules of Spanish law ex officio.

CHAPTER V

Scope of application of the civil legal regimes coexisting in the national territory

Text added, published on 09/07/1974, in force from 29/07/1974.

Article 13.

1. The provisions of this preliminary title, insofar as they determine the effects of laws and general rules for their application, as well as those of Title IV of Book I, with the exception of the latter's rules concerning matrimonial property regime, will have general and direct application throughout Spain.

2. In addition, and with full respect for the special or foral rights of the provinces or territories in which they are in force, the Civil Code as a supplementary right, in the absence of the right in each of those according to its special rules.

Article 14.

1. Subjection to common civil law or special or foral law is determined by the civil neighbourhood.

2. They have a civil neighbourhood in common law territory, or in one of those of special or foral law, those born to parents who have such a neighbourhood.

By adoption, the non-emancipated adoptee acquires the civil neighbourhood of the adopters.

3. If at the birth of the child, or upon adoption, the parents have different civil neighbourhoods, the child shall have that corresponding to that of the two with respect to which the filiation has been determined before; failing that, the child shall have that of the place of birth and, ultimately, the common law neighbourhood.

However, the parents, or the parent who exercises or has been granted parental authority, may attribute to the child the civil neighbourhood of any of them until six months after birth or adoption.

Deprivation or suspension of parental authority, or the change of the parents ' neighbourhood, shall not affect the civil neighbourhood of the children.

In any case, the child from the age of fourteen and until one year after his emancipation may choose either the civil neighbourhood of the place of his birth or the last neighbourhood of any of his parents. If he is not emancipated, he must be assisted in the option by the legal representative.

4. Marriage does not alter the civil neighbourhood. However, any of the spouses who are not separated, whether legally or in fact, may at any time opt for the civilian neighbourhood of the other spouse.

5. The civil neighbourhood is acquired:

1. By continuous residence for two years, provided that the person concerned declares to be his will.

2. Per continuous residence of ten years, without statement to the contrary during this period.

Both statements shall be recorded in the Civil Registry and need not be repeated.

6. In case of doubt, the civil neighbourhood corresponding to the place of birth shall prevail.

Article 15.

1. An alien who acquires Spanish nationality shall, upon registration of the acquisition of nationality, opt for any of the following neighbourhoods:

(a) The place of residence.

(b) The place of birth.

(c) The last neighbourhood of either parent or adopter.

(d) The spouse ' s.

This declaration of option shall be made, as appropriate, by the elector himself, alone or with such support as the person with disabilities may require, or by his legal representative. Where the acquisition of nationality is made by declaration or at the request of the legal representative, the necessary authorization shall determine the civil neighbourhood to be chosen.

2. An alien who acquires nationality by letter of nature shall have the civil neighbourhood determined by the Royal Decree of concession, taking into account the option of the latter, in accordance with the provisions of the preceding paragraph or other circumstances prevailing with the petitioner.

3. The recovery of Spanish nationality carries with it that of that civil neighbourhood that the person concerned held at the time of his loss.

4. Personal dependence on a region or locality with its own or distinct civil speciality, within the special or external legislation of the relevant territory, shall be governed by the provisions of this article and those of the preceding article.

Article 16.

1. Conflicts of laws that may arise from the coexistence of different civil laws in the national territory shall be resolved according to the rules contained in chapter IV with the following particularities:

1.^a Personal law shall be the law determined by the civil neighbourhood.

2.^a Article 12(1), (2) and (3) on qualification, referral and public policy shall not apply.

2. The right of widowhood regulated in the Aragonese Compilation belongs to the spouses subject to the matrimonial property regime of the said Compilation, even if they later change their civil neighbourhood, excluding in this case the legitimate one established by the successor law.

The prospective right of widowhood may not oppose the acquirer for a consideration and in good faith of property which does not reside in territory where such right is recognized, if the contract has been concluded outside that territory, without having stated the matrimonial property regime of the transferee.

The widow's usufruct also belongs to the surviving spouse when the pre-dead had Aragonese civilian neighbourhood at the time of his death.

3. The effects of marriage between Spaniards shall be regulated by Spanish law which is applicable in accordance with the criteria of Article 9 and, failing that, by Civil Code.

In the latter case, the system of separation of assets from the Civil Code if a system of separation was to be governed by one and the other personal law of the contracting parties.

BOOK FIRST

People

TITLE I

From Spanish and foreigners

Article 17.

1. They are Spanish of origin:

(a) Those born to a Spanish father or mother.

(b) Those born in Spain to foreign parents if at least one of them was also born in Spain. The children of a diplomatic or consular official accredited in Spain are excluded.

(c) Those born in Spain of foreign parents, if both are without nationality or if the legislation of neither of them confers a nationality on the child.

(d) Those born in Spain whose filiation is not determined. For this purpose, minors whose first known place of stay is Spanish territory are presumed to have been born in Spanish territory.

2. Filiation or birth in Spain, the determination of which occurs after the age of eighteen, is not by itself a reason for acquiring Spanish nationality. The person concerned is then entitled to opt for Spanish nationality of origin within two years of that determination.

Article 18.

The possession and continued use of Spanish nationality for ten years, in good faith and based on a title entered in the Civil Registry, is a cause of consolidation of nationality, although the title that originated it is annulled.

Article 19.

1. An alien under the age of eighteen who has been adopted by a Spanish national has acquired Spanish nationality of origin since adoption.

2. If the adopted person is more than eighteen years of age, he may opt for Spanish nationality of origin within two years of the adoption.

3. Without prejudice to paragraph 1, if, in accordance with the legal system of the country of origin, the adopted child retains his or her nationality, he or she shall also be recognised in Spain.

Article 20.

1. They have the right to choose Spanish nationality:

(a) Persons who are or have been subject to the parental authority of a Spanish citizen.

(b) Those whose father or mother was originally Spanish and was born in Spain.

(c) Those falling within the second subparagraph of Articles 17 and 19.

2. The choice statement shall be made:

(a) By the legal representative of the elector under fourteen years of age. In the event of a discrepancy between the legal representatives of a child under fourteen years of age on the processing of the declaration of option, the voluntary jurisdiction file provided for this purpose shall be processed.

(b) The person concerned, assisted by his legal representative, if he is over fourteen years of age.

(c) By the person concerned, alone, if he or she is emancipated or over eighteen years of age. The option will expire at twenty years of age, but if the elector is not emancipated according to his personal law at the age of eighteen, the period of eligibility will be extended until two years from emancipation.

(d) By the person with disabilities with any procedural support and adjustments that may be required.

(e) The person concerned alone within two years of the termination of support measures which would have prevented him from exercising it previously.

3. By way of derogation from the preceding subparagraph, the exercise of the right of option provided for in paragraph 1(b) of this Article shall not be subject to any age limit.

Article 21.

1. Spanish nationality is acquired by letter of nature, granted at the discretion of Royal Decree, when exceptional circumstances occur in the person concerned.

2. Spanish nationality is also acquired by residence in Spain, under the conditions set out in the following article and by the concession granted by the Minister of Justice, which may deny it on reasoned grounds of public order or national interest.

3. In either case, the request may be made by:

(a) An emancipated person or person over eighteen years of age.

(b) A person over fourteen years of age assisted by his legal representative.

(c) The legal representative of a child under fourteen years of age. In the event of a discrepancy between the legal representatives on the application for nationality by residence, the file of voluntary jurisdiction provided for in this regard shall be processed.

(d) The person with disabilities with the procedural support and adjustments that may be required.

In this case and in the previous case, the legal representative may make the application only if he has previously obtained authorisation in accordance with the provisions of Article 2(2)(a).

4. Concessions by letter of nature or by residence expire one hundred and eighty days after their notification, if the person concerned does not appear before an official competent to comply with the requirements of Article 23.

Article 22.

1. The granting of nationality by residence requires a period of 10 years. Five years will be sufficient for those who have obtained refugee status and two years for nationals of origin from Ibero-American countries, Andorra, Equatorial Guinea, the Philippines or Portugal or Sephardic countries.

2. The one-year residence time will be sufficient for:

(a) A person born in Spanish territory.

(b) Those who have not exercised the option in a timely manner.

(c) Anyone who has been legally subject to guardianship, curatorship with full representation, guardianship or care of a Spanish citizen or institution for two consecutive years, even if he continues in this situation at the time of the application.

(d) A person who, at the time of the application, has been married to Spanish or Spanish and is not legally or de facto separated.

(e) A widow or widower of Spanish or Spanish, if there is no legal or de facto separation upon the death of the spouse.

(f) The child born outside Spain to a father or mother, grandfather or grandmother, who originally had been Spanish.

3. In all cases, the residence must be legal, continuous and immediately prior to the request.

For the purposes of paragraph (d) of the preceding subparagraph, a spouse living together with a Spanish diplomatic or consular official accredited abroad shall be deemed to have legal residence in Spain.

4. The person concerned must justify, in the file regulated by the law of the Civil Registry, good civic conduct and sufficient degree of integration into Spanish society.

5. The granting or refusal of nationality by residence leaves the judicial, administrative and contentious procedure safe.

Article 23.

Common requirements for the validity of the acquisition of Spanish nationality by choice, letter of nature or residence are:

(a) That the person over fourteen years of age and capable of making a declaration by himself shall swear or promise allegiance to the King and obedience to the Constitution and the law.

(b) The same person declares that he renounces his previous nationality. The nationals of countries referred to in Article 24(1) and Sephardis originating in Spain shall be protected from this requirement.

(c) The acquisition is registered in the Spanish Civil Registry.

Article 24.

1. Emancipated persons who, habitually residing abroad, voluntarily acquire another nationality or exclusively use foreign nationality that they had assigned prior to emancipation, lose Spanish nationality. The loss will occur after three years, respectively, from the acquisition of foreign nationality or from emancipation. However, the persons concerned may avoid loss if within the time limit indicated they declare their willingness to retain Spanish nationality to the registrar.

The acquisition of the nationality of Ibero-American countries, Andorra, Equatorial Guinea, the Philippines or Portugal is not enough to result in the loss of the Spanish nationality of origin under this subparagraph.

2. In any case, emancipated Spaniards who expressly renounce Spanish nationality lose their Spanish nationality, if they have another nationality and habitually reside abroad.

3. Those who, having been born and residing abroad, have Spanish nationality because they are children of a Spanish father or mother, also born abroad, when the laws of the country where they reside attribute the nationality of the same, will in any case lose Spanish nationality if they do not declare their willingness to keep it before the registrar within three years, starting from their majority or emancipation.

4. Spanish nationality is not lost under this provision if Spain is at war.

Take into account the Convention on Nationality between the Kingdom of Spain and the French Republic, done at Montauban on 15 March 2021, Ref. BOE-A-2022-4916as well as the Instruction of 31 March 2022 of the Directorate-General for Legal Security and Public Faith, agreeing on the criteria for the application of the Convention on Nationality between the Kingdom of Spain and the French Republic. Ref. BOE-A-2022-5573

For the purposes of paragraph 3, take into account additional provision 2 of the Act.

Article 25.

1. Spaniards who are not of origin shall lose their nationality:

(a) When, for a period of three years, they use exclusively the nationality to which they have declared that they have renounced upon acquiring Spanish nationality.

(b) When voluntarily entering the service of arms or exercising political office in a foreign State against the express prohibition of the Government.

2. A final judgment declaring that the person concerned has committed falseness, concealment or fraud in the acquisition of Spanish nationality results in the nullity of such acquisition, although no harmful effects on bona fide third parties will arise therefrom. An action for annulment must be brought by the Public Prosecutor's Office on its own initiative or by way of a complaint within 15 years.

Article 26.

1. A person who has lost Spanish nationality may recover it by fulfilling the following requirements:

(a) Be a legal resident in Spain. This requirement shall not apply to migrants or children of migrants. In other cases, it may be waived by the Minister of Justice in exceptional circumstances.

(b) To declare before the registrar his will to recover Spanish nationality.

(c) To register recovery in the Civil Registry.

2. They may not recover or acquire, if necessary, Spanish nationality without prior authorization granted at the discretion of the Government, those who are in any of the situations provided for in the preceding article.

Take into account the Convention on Nationality between the Kingdom of Spain and the French Republic, done at Montauban on 15 March 2021, Ref. BOE-A-2022-4916as well as the Instruction of 31 March 2022 of the Directorate-General for Legal Security and Public Faith, agreeing on the criteria for the application of the Convention on Nationality between the Kingdom of Spain and the French Republic. Ref. BOE-A-2022-5573

Article 27

Foreigners in Spain enjoy the same civil rights as Spaniards, except as provided for in special laws and treaties.

Article 28.

Corporations, foundations and associations, recognized by law and domiciled in Spain, shall enjoy Spanish nationality, provided that they have the concept of legal persons in accordance with the provisions of this Code.

Associations domiciled abroad shall have the consideration and rights determined by special treaties or laws in Spain.

TITLE II

From the birth and extinction of the civilian personality

CHAPTER I

Natural persons

Article 29.

The birth determines the personality; but the conceived one is considered to be born for all the effects that are favorable to him, provided that it is born with the conditions expressed in the following article.

Article 30.

Personality is acquired at the time of life birth, once it produces the entire detachment of the mother's womb.

Article 31.

The priority of birth, in the case of double births, gives the first child the rights recognized by law to the firstborn.

Article 32.

The civilian personality is extinguished by the death of people.

Article 33.

If it is doubted, between two or more people called to succeed, who of them has died first, who sustains the previous death of one or another, must prove it; in the absence of proof, they are presumed dead at the same time and there is no transfer of rights from one to another.

Article 34.

With regard to the presumption of death of the absent person and its effects, it will be subject to the provisions of Title VIII of this book.

CHAPTER II

Legal persons

Article 35.

They are legal persons:

1. Corporations, associations and foundations of public interest recognized by law.

His personality begins from the very moment when, according to law, they were validly constituted.

2. Associations of particular interest, whether civil, commercial or industrial, to which the law grants their own personality, independent of that of each of the partners.

Article 36.

The associations referred to in number 2 of the preceding article shall be governed by the provisions relating to the contract of company, depending on the nature of the contract.

Article 37.

The civil capacity of corporations shall be regulated by the laws which they have created or recognized; that of associations by their statutes; and that of foundations by the rules of their institution, duly approved by administrative provision, when this requirement is necessary.

Article 38

Legal persons may acquire and possess property of all kinds, as well as enter into obligations and pursue civil or criminal actions, in accordance with the laws and rules of their constitution.

The Church will be governed at this point by the agreement between the two powers, and the establishments of instruction and beneficence according to the special laws.

Article 39.

If, because the period during which they functioned legally or because they had fulfilled the purpose for which they were constituted, or because it was already impossible to apply to it the activity and means at their disposal, corporations, associations and foundations cease to function, their property shall be given the application that the laws, or the statutes, or the founding clauses, would have given them in this assigned forecast. If nothing has been established previously, those assets shall be applied to the realization of similar purposes, in the interest of the region, province or municipality which should primarily collect the benefits of the extinguished institutions.

TITLE III

From the home

Article 40.

For the exercise of rights and the fulfilment of civil obligations, the domicile of natural persons is the place of their habitual residence, and, where appropriate, the place of residence determined by Civil Procedure Act.

The domicile of diplomats residing on account of their position abroad, who enjoy the right of extraterritoriality, shall be the last that they have had in Spanish territory.

Article 41.

Where neither the law which created or recognized them nor the statutes or the rules of foundation fix the domicile of legal persons, it shall be understood that they have it in the place where their legal representation is established, or where they exercise the principal functions of their institute.

TITLE IV

Marriage

CHAPTER I

From the promise of marriage

Article 42.

The promise of marriage does not result in an obligation to enter into marriage or to fulfil what was stipulated for the event of its non-celebration.

The application for compliance shall not be admissible.

Article 43.

Failure without cause to fulfil a certain promise of marriage made by an adult or an emancipated minor will only result in an obligation to compensate the other party for the expenses incurred and obligations incurred in consideration of the promised marriage.

This action shall expire in the year counted from the day of the refusal to celebrate the marriage.

CHAPTER II

The requirements of marriage

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 44.

Every person has the right to enter into marriage under the provisions of this Code.

Marriage shall have the same requirements and effects when both parties are of the same or of different sex.

Article 45.

There is no marriage without marriage consent.

The condition, term or mode of consent shall be deemed not to be given.

Article 46.

They may not marry:

1. Unemancipated minors.

2. Those who are linked with a marriage bond.

Article 47.

Nor can they enter into marriage with one another:

1. Relatives in a straight line by blood or adoption.

2. Collaterals by consanguinity until third grade.

3. Convicted persons for having participated in the wrongful death of the spouse or person with whom he or she would have been bound by a similar relationship of affection to the conjugal.

Article 48.

The judge may, with due cause and at the request of a party, by means of a preliminary decision issued in the file of voluntary jurisdiction, dispense the impediments to the wrongful death of the spouse or person with whom he or she had been bound by a similar relationship of affection to the conjugal and third-degree kinship between collaterals. The subsequent waiver is valid, since its conclusion, for a marriage whose nullity has not been ordered by a court.

CHAPTER III

The way in which marriage is celebrated

Text added, published on 20/07/1981, in force from 09/08/1981.

Section 1.a General provisions

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 49.

Any Spaniard may enter into marriage within or outside Spain:

1. In the manner regulated by this Code.

2. In the religious form legally provided.

It may also enter into marriage outside Spain in accordance with the manner established by the law of the place of celebration.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 50.

If both spouses are foreigners, the marriage may take place in Spain in accordance with the form prescribed for the Spaniards or in compliance with that established by the personal law of either of them.

Section 2.ª The celebration of marriage

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 51.

1. The competence to verify by record or record the compliance with the requirements of the capacity of both parties and the absence of impediments or their exemption, or any kind of obstacles to entering into marriage, shall be vested in the judicial, notary or registrar of the place of residence of one of the parties or the diplomatic or consular officer in charge of the civil registry if they reside abroad.

2. The following shall be competent to celebrate the marriage:

1. The mayor of the municipality where the marriage or councillor is celebrated to whom the marriage delegates.

2. The court or notary Secretary freely chosen by both parties who are competent at the place of celebration.

3. The diplomatic or consular official in charge of the civil registry abroad.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 52.

They may celebrate the marriage of a person in danger of death:

1. The Mayor or Councillor to whom he delegates, counsel or counsel from the Administration of Justice, notary or notary, or official personnel referred to in article 51.

2. The immediate Officer or Chief of Staff in respect of the military in the field.

3. The Captain or Commander in respect of marriages on board a ship or aircraft.

Marriage in danger of death shall not require for its conclusion the prior processing of the marriage record or record, but the presence, at its conclusion, of two adult witnesses and, where the danger of death results from illness or physical condition of any of the contracting parties, a medical opinion as to their ability to give consent and the gravity of the situation, unless it is impossible to prove it, without prejudice to the provisions of article 65.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 53.

The validity of the marriage shall not be affected by the incompetence or non-appointment of the Mayor, Councillor, lawyer or lawyer of the Administration of Justice, notary or notary, or official staff to whom it is held, provided that at least one of the spouses has acted in good faith and those who perform their duties publicly.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 54.

In the event of a sufficiently substantiated serious case, the Minister of Justice may authorize secret marriage. In this case, the file shall be processed in a reserved manner, without publication of edicts or proclamations.

Article 55.

One of the spouses may enter into marriage by proxy, to whom he shall have granted special power in a genuine manner, and the personal assistance of the other contracting party is always necessary.

The power of attorney shall determine the person with whom the marriage is to take place, with the expression of the personal circumstances necessary to establish his or her identity, and the validity of his or her validity shall be assessed by the judicial secretary, notary, registrar or civil servant who processes the marriage record or record prior to the marriage.

Power shall be extinguished by the revocation of the power of attorney, by the resignation of the proxy or by the death of any of them. In the event of revocation by the power of attorney, their manifestation in authentic form shall be sufficient before the celebration of the marriage. The revocation shall be immediately notified to the judicial secretary, notary, registrar or civil servant who processes the act or record prior to marriage, and if the person who is to perform it is already completed.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 56.

Those wishing to enter into marriage shall first prove in the record or record processed in accordance with the law of the Civil Registry, that they meet the requirements of capacity or the absence of impediments or their exemption, in accordance with the provisions of this Code.

The Legal Counsel of the Administration of Justice, Notary, in charge of the Civil Registry or official processing the record or file, when necessary, may seek from the Administrations or entities of social initiative for the promotion and protection of the rights of persons with disabilities, the provision of human, technical and material support to facilitate the issuance, interpretation and receipt of the consent of the contracting party. Only in the exceptional case where one of the parties presents a health condition which, clearly, categorically and substantially, may prevent him from giving consent to marriage despite the support measures, shall a medical opinion be sought as to his ability to give consent.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 57.

A marriage processed by the lawyer or lawyer of the Administration of Justice or by consular or diplomatic staff may be held before the same or other person, or before the mayor or councillor to whom he delegates, at the choice of the spouses. If the marriage has been processed by the registrar or registrar, the marriage must be held before the mayor or councillor to whom the council delegate designates the parties.

Finally, if the notary or notary has issued the marriage certificate, the contracting parties may give consent, at their choice, to the same notary or notary or other than the one who has processed the previous act, Mayor or Councillor to whom he delegates.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 58.

The mayor, councillor, lawyer or lawyer of the Administration of Justice, notary or notary, or official staff, after reading articles 66, 67 and 68, shall ask each of the spouses whether he consents to marry the other and if he does in fact marry the other and, in response to both of them, shall declare that they are united in marriage and shall extend the act or authorize the corresponding deed.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Section 3.a of the celebration in religious form

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 59.

Matrimonial consent may be given in the manner provided for by a registered religious denomination, in accordance with the terms agreed with the State or, failing that, authorized by its law.

Article 60.

1. Marriage concluded in accordance with the rules of canon law or in any of the other religious forms provided for in the cooperation agreements between the State and religious denominations produces civil effects.

2. Civil effects are also recognized when a marriage is celebrated in the religious form provided for by the churches, denominations, religious communities or federations which, registered in the Register of Religious Entities, have obtained the recognition of a notorious root in Spain.

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

(a) The processing of a prior record or record of matrimonial capacity in accordance with the rules of the Civil Registry.

(b) Free expression of consent before a duly accredited minister of worship and two adult witnesses.

The status of minister of worship shall be accredited by certification issued by the church, confession or religious community which has obtained recognition as a notorious arraigo in Spain, with the agreement of the federation which, if any, has applied for such recognition.

3. For the full recognition of the civil effects of a marriage celebrated in religious form, the following Chapter shall be provided for.

CHAPTER IV

Registration of marriage in the Civil Registry

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 61.

Marriage has had civil effects since its celebration.

Full recognition of these will require their registration in the Civil Registry.

Unregistered marriage shall not prejudice the rights acquired in good faith by third parties.

Article 62.

The celebration of the marriage shall be recorded by public record or deed, signed by the person before whom it is celebrated, the spouses and two witnesses.

With the act or authorization of the public deed, a copy of the marriage will be sent by the authorizing officer to the competent civil registry for registration, subject to a qualification by the registrar.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 63.

The registration of a marriage celebrated in Spain in religious form shall be carried out with the simple presentation of the certification of the church, or confession, religious community or respective federation, which shall express the circumstances required by the law of the Civil Registry.

The practice of entry shall be refused if the documents submitted or the entries in the Register show that the marriage does not meet the requirements for its validity required by this Title.

Article 64.

For the recognition of a secret marriage, registration in the special book of the Central Civil Registry is sufficient, but it will not prejudice the rights acquired in good faith by third parties but since its publication in the ordinary Civil Registry.

Article 65.

In cases where the marriage has been concluded without the relevant record or prior record being processed, if necessary, the judicial secretary, notary, or the diplomatic or consular officer in charge of the civil registry who conducted the marriage, before carrying out the relevant registration proceedings, shall verify whether the legal requirements for its validity are met, by processing the record or record referred to in this article.

If the conclusion of the marriage has been carried out before a competent authority or person other than those referred to in the preceding paragraph, the minutes of the marriage shall be sent to the registrar of the place of celebration in order to verify the requirements of validity, by means of the relevant file. After such verification, the Registrar shall register the matter.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

CHAPTER V

The rights and duties of spouses

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 66.

Spouses are equal in rights and duties.

Article 67.

Spouses must respect and assist each other and act in the interest of the family.

Article 68.

Spouses are obliged to live together, to keep fidelity and to help each other. They shall also share domestic responsibilities and care and care for ascendants and descendants and other dependants.

Article 69.

It is presumed, unless there is proof otherwise, that the spouses live together.

Article 70.

The spouses shall determine by mutual agreement the matrimonial domicile and, in the event of disagreement, the judge shall decide, taking into account the interests of the family.

Article 71.

Neither of the spouses can be attributed the representation of the other without having been conferred on him.

Article 72.

(Deleted)

CHAPTER VI

The nullity of marriage

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 73.

It is null and void whatever the form of its celebration:

1. Marriage concluded without marriage consent.

2. Marriage between the persons referred to in articles 46 and 47, except in cases of dispensation under article 48.

3. Any person who contracts without the intervention of the Mayor or Councillor, lawyer or lawyer of the Administration of Justice, notary or notary, or official personnel to whom it is to be held, or without that of witnesses.

4. The person who is wrongly held in the identity of the other person or in those personal qualities which, by their entity, have been decisive for the provision of consent.

5.o The contracted by coercion or serious fear.

This amendment enters into force on the date of the full entry into force of Law 20/2011 of 21 July 2011 on the Civil Registry Ref. BOE-A-2011-12628, as set out in the final provision 21.3 of Law 15/2015, in the wording given by Law 4/2017, of 28 June. Ref. BOE-A-2017-7483

Article 74.

The action for annulment of marriage is the responsibility of the spouses, the Public Prosecutor ' s Office and any person who has a direct and legitimate interest in marriage, except as provided in the following articles.

Article 75.

If the cause of invalidity is a lack of age, the minor is a minor, only any of his parents, guardians or guardians and, in any case, the Public Prosecutor ' s Office may bring proceedings.

Upon reaching the age of majority, only the minor contracting party may bring an action, unless the spouses have lived together for one year after the age of majority.

Article 76.

In cases of error, coercion or serious fear, only a spouse who has suffered the vice may institute an action for annulment.

The action lapses and the marriage is validated if the spouses had lived together for one year after the error disappeared or the force or cause of fear ceased.

Article 77.

(Deleted)

Article 78.

The judge shall not agree to the nullity of a marriage by default if at least one of the spouses entered into it in good faith, except as provided for in article 73 (3).

Article 79.

The declaration of nullity of the marriage shall not invalidate the effects already produced with respect to the children and the contracting party or parties in good faith.

Good faith is presumed.

Article 80.

Decisions rendered by ecclesiastical courts on the annulment of canonical marriage or pontifical decisions on marriage for a long time and not completed shall be effective in civil order, at the request of either party, if they are declared in accordance with the law of the State in a decision issued by the competent civil court in accordance with the conditions referred to in Article 954 of the Constitution. Civil Procedure Act.

CHAPTER VII

From separation

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 81.

Separation shall be ordered by court if there are unemancipated minor children or older children in respect of whom legal support measures attributed to their parents have been established, regardless of the form of marriage:

1. At the request of both spouses or one with the consent of the other, after three months after the marriage. The application shall be accompanied by a proposal for a regulatory agreement drawn up in accordance with Article 90 of this Code.

2. At the request of only one of the spouses, three months after the marriage. The length of this period shall not be required for the filing of the application where it is established that there is a risk to the life, physical integrity, liberty, moral integrity or sexual freedom and compensation of the claimant spouse or of the children of both or of any of the members of the marriage.

The application shall be accompanied by a well-founded proposal for measures to regulate the effects of separation.

Article 82.

1. The spouses may agree to their separation by mutual agreement three months after the conclusion of the marriage by means of a regulatory agreement before the legal counsel of the Administration of Justice or in a public deed before Notary, in which, together with the unequivocal will to separate, they shall determine the measures to regulate the effects of the separation in the terms set out in Article 90. Diplomatic or consular officials, in the exercise of their assigned notary functions, may not authorize the public deed of separation.

Spouses must intervene in the granting of the contract in a personal manner, without prejudice to the fact that they must be assisted by acting counsel, giving their consent to the counsel of the Administration of Justice or notary. Also, the elderly or emancipated children must give consent to the legal counsel of the Administration of Justice or Notary regarding measures that affect them because they lack their own income and live together in the family home.

2. The provisions of this article shall not apply where there are children in the situation referred to in the preceding article.

Article 83.

The judgement or decree of separation or the granting of the public deed of the regulatory agreement that determines it results in the suspension of the common life of the married and ceases the possibility of linking property of the other spouse in the exercise of domestic power.

The effects of marriage separation shall occur from the finality of the judgment or decree declaring it or from the expression of the consent of both spouses granted in public deed in accordance with article 82. Testimony of the sentence or decree, or copy of the public deed, shall be transmitted to the Civil Registry for registration, without the fact that, until such time as it takes place, full effect shall be produced against bona fide third parties.

Article 84.

Reconciliation terminates the separation procedure and renders the decision in it ineffective, but both spouses separately must bring it to the attention of the judge who understands or understands the dispute. However, by court decision, the measures taken in relation to the children shall be maintained or modified, where there is a case to justify it.

Where separation has taken place without judicial intervention, in the manner provided for in article 82, reconciliation shall be formalised in public deed or in the act of demonstrations.

Reconciliation must be registered in the relevant Civil Registry for third-party effectiveness.

CHAPTER VIII

The dissolution of marriage

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 85.

Marriage is dissolved, regardless of the form and time of its celebration, by the death or declaration of death of one of the spouses and by divorce.

Article 86.

Divorce, whatever the form of the marriage, shall be ordered by a court at the request of only one of the spouses, both of them or one with the consent of the other, where the requirements and circumstances required by article 81 are met.

Article 87.

The spouses may also agree to divorce by mutual agreement by formulating a regulatory agreement before the judicial secretary or in public deed before the notary, in the form and content of article 82, the same requirements and circumstances as are required by it. Diplomatic or consular officials, in the exercise of their assigned notary functions, may not authorize a public deed of divorce.

Article 88.

The divorce action is extinguished by the death of either spouse and by his reconciliation, which must be expressed when it occurs after the application has been filed.

Reconciliation after divorce has no legal effect, although divorced persons may enter into a new marriage with each other.

Article 89.

The effects of the dissolution of the marriage by divorce shall occur from the finality of the judgment or decree declaring it or from the expression of the consent of both spouses granted in public deed in accordance with article 87. It shall not prejudice third parties in good faith except on the basis of their respective registration in the Civil Registry.

CHAPTER IX

From the effects common to nullity, separation and divorce

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 90.

1. The regulatory agreement referred to in Articles 81, 82, 83, 86 and 87 shall contain, at least and where applicable, the following points:

(a) The care of children subject to parental authority, the exercise of parental authority and, where appropriate, the regime of communication and stay of children with the parent who does not normally live with them.

(b) If deemed necessary, the regime of visits and communication of grandchildren with their grandparents, taking into account, always, their interests.

(b) bis The destination of pet animals, if they exist, taking into account the interest of family members and the welfare of the animal; the sharing of the times of coexistence and care if necessary, as well as the burdens associated with the care of the animal.

(c) The allocation of the use of housing and family troweling.

(d) The contribution to the burden of marriage and maintenance, as well as the basis for updating and guarantees as appropriate.

(e) Settlement, where appropriate, of the property regime of marriage.

(f) The pension to be paid, if any, to one of the spouses under article 97.

2. The agreement of the spouses adopted to regulate the consequences of the nullity, separation and divorce presented to the judicial body shall be approved by the judge unless they are harmful to the children or seriously harmful to one of the spouses.

If they are seriously detrimental to the welfare of pet animals, the judicial authority shall order the measures to be taken, without prejudice to the approved agreement.

If the parties propose a regime of visits and communication of the grandchildren with the grandparents, the judge may approve it at the hearing of the grandparents in which they give their consent. The refusal of the agreements must be made by reasoned decision and in this case the spouses must submit, for the consideration of the judge, a new proposal for approval, if appropriate.

Where the spouses formalize the agreements before the counsel of the Administration of Justice or notary and they consider that, in their opinion, any of them could be harmful or seriously harmful to one of the spouses or to the elderly or emancipated children affected, or seriously detrimental to the welfare of the pets, they shall notify the grantors and terminate the file. In this case, the spouses may only appeal to the judge for approval of the proposal for a regulatory agreement.

Since the adoption of the regulatory agreement or the granting of the public instrument, the agreements may be implemented by means of an urgent procedure.

3. The measures which the judge takes in the absence of agreement or those agreed by the spouses may be amended by a court or by a new agreement approved by the judge, where this is advised by the new needs of the children or the change of the circumstances of the spouses.

The convention may also be amended or the measures on pet animals may be amended if their circumstances have been seriously altered.

Measures that have been agreed to before the counsel of the Administration of Justice or in public deed may be amended by a new agreement, subject to the same requirements as those laid down in this Code.

4. The judge or the parties may establish the security or personal rights required by the agreement.

Article 91.

In decisions of nullity, separation or divorce, or in execution thereof, the judicial authority shall, failing the agreement of the spouses or in the event of their non-approval, determine in accordance with the following articles the measures to be taken to replace those already adopted in relation to the children, the family home, the destination of the pets, the burdens of marriage, the liquidation of the economic regime and the respective safeguards or safeguards, establishing those that apply if none of these concepts has been adopted for any of these purposes. These measures may be amended where circumstances are substantially altered.

Where, at the time of invalidity, separation or divorce, there were common children over 16 years of age who were in a position to require support measures on the basis of their disability, the relevant judgement, after hearing the minor, shall also rule on the establishment and manner of their exercise, which, where appropriate, shall enter into force when the child reaches the age of eighteen years. In such cases, the right to appeal, the special features of the evidence and the content of the judgment shall be governed by the provisions of the Civil Procedure Act on the judicial provision of support measures for persons with disabilities.

Article 92.

1. Separation, nullity and divorce do not relieve parents of their obligations towards children.

2. When the judge is required to take any measure concerning the custody, care and education of minor children, he or she shall ensure that his or her right to be heard is fulfilled and shall issue a reasoned decision in the best interests of the minor on this matter.

3. The judgement shall agree to the deprivation of parental rights when the proceedings reveal cause for the deprivation of parental rights.

4. The parents may agree in the regulatory agreement or the judge may decide, for the benefit of the children, that parental authority shall be exercised in whole or in part by one of the spouses.

5. The sharing of custody of children shall be agreed upon when requested by the parents in the proposal for a regulatory agreement or when both parents reach this agreement in the course of the proceedings.

6. In any event, before agreeing to the custody and custody regime, the judge shall seek a report from the Public Prosecutor's Office, hear minors who have sufficient trial when deemed necessary ex officio or at the request of the Prosecutor, the parties or members of the Judicial Technical Team, or of the minor himself, and assess the arguments of the parties, the evidence given, and the relationship between the parents and their children to determine their suitability with the custody regime.

7. Joint custody shall not be exercised when either parent is in criminal proceedings initiated for attempting to infringe upon the life, physical integrity, liberty, moral integrity or sexual freedom and compensation of the other spouse or of the children living together with them. It shall also not proceed when the judge warns of the allegations of the parties and the evidence given, the existence of well-founded evidence of domestic or gender-based violence. The existence of or threat of animal abuse as a means of controlling or victimizing any of these persons shall also be appreciated for this purpose.

8. Exceptionally, even if the circumstances of paragraph 5 of this article are not fulfilled, the judge may, at the request of one of the parties, with a report from the Public Prosecutor's Office, agree on custody and joint custody on the grounds that only in this way is the best interests of the child adequately protected.

9. Before taking any of the decisions referred to in the preceding paragraphs, the judge may, ex officio or at the request of a party, the prosecutor or members of the judicial technical team, or of the minor himself, seek the opinion of duly qualified specialists concerning the suitability of the manner of exercising parental authority and the custody regime of minors in order to ensure their best interests.

10. The judge shall adopt, by duly agreeing on the rules governing custody and custody, as well as the rules governing stay, relationship and communication, the necessary, appropriate and appropriate precautions for the effective implementation of the established regimes, with a view not to separating the brothers and sisters.

Article 93.

In any event, the judge shall determine the contribution of each parent to the maintenance and shall take appropriate measures to ensure the effectiveness and accommodation of the benefits to the economic circumstances and needs of the children at any time.

If the family home is home to children who have reached the age of majority or are emancipated and who have no income of their own, the judge shall, in the same decision, fix such maintenance as is due under articles 142 et seq. of this Code.

Article 94.

The judicial authority shall determine the time, manner and place in which the parent who does not have the minor children with him or her may exercise the right to visit, communicate with and have them in his or her company.

With regard to children with disabilities who are of legal age or emancipated who require support in making the decision, the parent who does not have them in his company may request, in the same proceedings for annulment, separation or divorce, that the manner in which the right provided for in the preceding paragraph shall be exercised be established.

The judicial authority shall adopt the decision provided for in the preceding paragraphs, after hearing the child and the Public Prosecutor. Likewise, the judicial authority may limit or suspend the rights provided for in the preceding paragraphs if relevant circumstances so advise or serious or repeated breaches of the duties imposed by the judicial decision occur.

The establishment of a visit or stay regime shall not take place and, if it exists, shall be suspended in respect of the parent who is in criminal proceedings initiated for endangering the life, physical integrity, liberty, moral integrity or sexual freedom and compensation of the other spouse or his or her children. Nor shall it proceed when the judicial authority warns, from the allegations of the parties and the evidence given, of the existence of well-founded evidence of domestic or gender-based violence. However, the judicial authority may establish a regime of visitation, communication or stay in a resolution motivated in the best interests of the child or in the will, wishes and preferences of the disabled adult in need of support and after assessing the situation of the parental relationship.

In no case shall a visiting regime be established with respect to the parent in custody, on remand or by final judgement, agreed in criminal proceedings for the offences referred to in the preceding paragraph.

The judicial authority may also grant the right of communication and visitation provided for in Article 160, paragraph 2, after hearing the parents and the person who has applied for it on the grounds of his or her status as a brother, grandfather, relative or close friend of the minor or of the elderly person with disabilities who needs support in making the decision, who must give his or her consent. The judicial authority shall always decide on the interest of the minor or the will, wishes and preferences of the disabled adult.

Article 94 bis.

The judicial authority shall entrust one or both spouses to care for the pets and shall determine, where appropriate, the manner in which the spouse to whom they have not been entrusted may have them in his or her company, as well as the sharing of the burdens associated with the care of the animal, taking into account the interest of the members of the family and the welfare of the animal, irrespective of the Sunday ownership of the animal and of the person entrusted to him or her for care. This shall be recorded in the relevant animal identification register.

Text added, published on 16/12/2021, in force from 05/01/2022.

Article 95.

A final judgement, a final decree or a public deed formalizing the regulatory agreement, if any, shall, in respect of the property of the marriage, cause the dissolution or termination of the matrimonial property regime and shall approve its liquidation if there is mutual agreement between the spouses on the matter.

If the judgment of invalidity declares the bad faith of only one of the spouses, the person who has acted in good faith may choose to apply in the liquidation of the matrimonial property regime the provisions relating to the system of participation and the one in bad faith shall not be entitled to participate in the profits obtained by his consort.

Article 96.

1. In the absence of agreement of the spouses approved by the judicial authority, the use of the family home and objects of ordinary use of the family shall be the responsibility of the common minor children and the spouse in whose company they remain, until all such children reach the age of majority. If there is a disability situation among the minor children that makes it desirable to continue using the family home after their majority, the judicial authority shall determine the duration of this right, depending on the circumstances involved.

For the purposes of the preceding paragraph, ordinary adult children who, at the time of invalidity, separation or divorce, were in a situation of disability which made it desirable to continue using family housing, are equated with minor children in a similar situation.

With the end of the use provided for in the first subparagraph, the housing needs of those who lack economic independence shall be met as provided for in Title VI of this Book, concerning maintenance between relatives.

When some of the children are in the company of one of the spouses and the others in that of the other, the judicial authority shall decide as appropriate.

2. In the absence of children, it may be agreed that the use of such property shall be the responsibility of the non-owner spouse for the period of time which is prudently determined provided that, in the circumstances, it is advisable and his interest is the most in need of protection.

3. In order to dispose of all or part of the housing and property described above, the use of which has been attributed in accordance with the above paragraphs, the consent of both spouses or, failing that, judicial authorization shall be required. This restriction on family housing shall be recorded in the Register of Property. The wrong or false manifestation of the owner's use of the dwelling shall not harm the acquirer in good faith.

Article 97.

A spouse to whom the separation or divorce results in an economic imbalance in relation to the position of the other, which implies a worsening of his previous situation in marriage, shall be entitled to compensation which may consist of a temporary or indefinite pension, or a single benefit, as determined by the regulatory agreement or the judgment.

In the absence of agreement by the spouses, the judge shall, in judgment, determine the amount of such agreement in the light of the following circumstances:

1.a The agreements reached between the spouses.

2.a Age and state of health.

3.a Vocational qualifications and the chances of access to employment.

4.a Past and future dedication to the family.

5.a Collaboration with their work in the commercial, industrial or professional activities of the other spouse.

6.a The duration of marriage and conjugal coexistence.

7.a The possible loss of a pension right.

8.a The wealth and economic means and the needs of both spouses.

9.a. Any other relevant circumstances.

The court decision or the regulatory agreement formalized before the judicial secretary or notary shall establish the periodicity, the form of payment, the basis for updating the pension, the duration or time of termination and the guarantees for its effectiveness.

Article 98.

A bona fide spouse whose marriage has been declared null and void shall be entitled to compensation in the event of conjugal cohabitation, in the circumstances provided for in article 97.

Article 99.

At any time, it may be agreed to replace the pension established by the courts or by a regulatory agreement formalised in accordance with Article 97 by the creation of a life income, the use of certain goods or the delivery of capital in goods or money.

Article 100.

The pension and the basis for its updating in the separation or divorce order may be amended only by changes in the fortune of one or the other spouse who so advises.

The pension and the basis for updating laid down in the regulatory agreement formalized before the judicial secretary or notary may be amended by new agreement, subject to the same requirements laid down in this Code.

Article 101.

The right to a pension is extinguished by the cessation of the cause that motivated it, by contracting a new marriage creditor or by living with another person.

The right to a pension is not extinguished by the fact that the debtor has died. However, the heirs of the latter may request the judge to reduce or abolish the debt, if the estate could not meet the debt requirements or affect their rights in the legitimate debt.

CHAPTER X

Provisional measures for annulment, separation and divorce

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 102.

In the light of the application for annulment, separation or divorce, the following effects shall occur by ministry of the Act:

1. Spouses may live separately and the presumption of conjugal coexistence ceases.

2. The consents and powers given by either spouse to the other shall be revoked.

Likewise, unless otherwise agreed, the possibility of linking the private property of the other spouse in the exercise of domestic power ceases.

For this purpose, either party may request the appropriate entry in the Civil Registry and, where appropriate, in the Property and Commercial Registry.

Article 103.

If the application is granted, the judge shall, in the absence of agreement by both spouses who have been approved by the court, take the following measures with a hearing of the spouses:

1. To determine, in the interests of the children, with which of the spouses the parents of both spouses are to remain subject to parental authority and to take appropriate measures in accordance with the provisions of this Code and, in particular, how the spouse who does not exercise the custody and custody of the children may fulfil the duty to care for them and the time, manner and place in which he may communicate with them and have them in his company.

Exceptionally, children may be entrusted to grandparents, relatives or other persons who so consent and, if they do not, to an appropriate institution, with the guardianship functions which they shall exercise under the authority of the judge.

Where there is a risk of the child being taken away by one of the spouses or by third parties, the necessary measures may be taken, in particular:

(a) Prohibition of leaving the national territory, unless previously authorized by the courts.

(b) Prohibition of issuing or withdrawing from the child ' s passport if it has already been issued.

(c) Prior authorization of any change of domicile by the minor.

1.a bis Determine, in the interest of family members and the welfare of the animal, whether the pets are entrusted to one or both spouses, how the spouse to whom they have not been entrusted may have them in his company, as well as the appropriate precautionary measures to preserve the right of each spouse.

2.a To determine, taking into account the family interest most in need of protection, which of the spouses is to continue in the use of the family home and also, after inventory, the property and objects of the trowel that continue in the family and those that are to be carried by the other spouse, as well as the appropriate precautionary measures to preserve the right of each spouse.

3.a To lay down, the contribution of each spouse to the burden of marriage, including where appropriate “litis expense”, lay down the basis for updating the amounts and provide guarantees, deposits, retentions or other appropriate precautionary measures, in order to ensure the effectiveness of what one spouse is to pay to the other.

The work which one of the spouses shall devote to the care of the common children subject to parental authority shall be considered a contribution to these burdens.

4.a To indicate, in the light of the circumstances, common or common property to be handed over to one or the other spouse, the rules to be observed in the administration and disposition, as well as the mandatory accountability for the common property or part thereof received and acquired thereafter.

5.a To determine, where appropriate, the regime of administration and disposition of private property that by capitulations or public deed was particularly affected by the burden of marriage.

Article 104.

A spouse who intends to sue for the annulment, separation or divorce of his marriage may apply for the effects and measures referred to in the two preceding articles.

Such effects and measures shall only be maintained if, within 30 days of their initial adoption, the application is brought before the competent court.

Article 105.

A spouse who leaves the matrimonial home for a reasonable reason does not violate the duty of cohabitation and within 30 days submits the application or application referred to in the preceding articles.

Article 106.

The effects and measures provided for in this chapter end, in any event, when they are replaced by those of the judgment in question or otherwise terminated.

The revocation of consents and powers is deemed final.

CHAPTER XI

Law applicable to invalidity, separation and divorce.

Text added, published on 20/07/1981, in force from 09/08/1981.

Article 107.

1. The nullity of the marriage and its effects shall be determined in accordance with the law applicable to its conclusion.

2. Legal separation and divorce shall be governed by the rules of the European Union or Spanish private international law.

TITLE V

Paternity and filiation

CHAPTER I

The effects of filiation

Article 108.

Filiation may take place by nature and by adoption. Filiation by nature can be matrimonial rather than matrimonial. It's marriage when parents are married to each other.

Marriage and non-marital filiation, as well as adoption, have the same effects, in accordance with the provisions of this Code.

Article 109.

Filiation determines surnames in accordance with the law.

If filiation is determined by both lines, the parents by mutual agreement may decide on the order of transmission of their first surname, prior to registration. If this option is not exercised, the provisions of the law shall apply.

The order of surnames registered for the eldest of the children shall be governed by the subsequent birth registrations of their siblings of the same bond.

The child, upon reaching the age of majority, may request that the order of surnames be altered.

Article 110.

Even if they do not have parental authority, both parents are obliged to care for and provide maintenance for minor children.

Article 111.

The parent shall be excluded from parental authority and other protective functions and shall not have rights under the law in respect of the child or his or her descendants, or in his or her inheritance:

1. When he has been sentenced on account of the relations to which the generation obeys, according to a final criminal sentence.

2. When filiation has been judicially determined against his opposition.

In both cases, the child shall bear the surname of the parent concerned only if he or she so requests or his or her legal representative.

These restrictions shall cease to take effect by determination of the legal representative of the child who has been legally approved, or at the will of the child himself or herself after full capacity has been attained.

The obligations to care for children and to provide them with maintenance shall always be safeguarded.

CHAPTER II

Determination and proof of filiation

Text added, published 19/05/1981, in force from 08/06/1981.

Section 1.a General provisions.

Text added, published 19/05/1981, in force from 08/06/1981.

Article 112.

Filiation produces its effects since it takes place. Their legal determination has retroactive effects provided that the retroactivity is compatible with the nature of the latter and the Law does not provide otherwise.

In any event, acts granted on behalf of the minor child by his or her legal representative or, in the case of older persons with disabilities who had support measures in place, those carried out pursuant to such measures shall remain valid before filiation has been determined.

Article 113.

Filiation is confirmed by the registration in the Civil Registry, by the document or sentence that legally determines it, by the presumption of marital paternity and, in the absence of the above means, by the possession of a state. For the admission of evidence other than registration, the provisions of the Civil Registry Act shall apply.

The determination of a filiation will not be effective as long as a contradictory filiation is established.

Article 114.

The filiation entries may be rectified in accordance with the Civil Registry Act, without prejudice to the provisions of this Title on actions of challenge.

Any entries which are contradictory to the facts which a criminal sentence declares to be proven may also be rectified at any time.

Section 2.a: Determination of marital filiation

Text added, published 19/05/1981, in force from 08/06/1981.

Article 115.

Mother and father marital filiation shall be legally determined:

1. For the registration of the birth together with that of the marriage of the parents.

2. By final judgement.

Article 116.

The husband's children are presumed to be those born after the celebration of the marriage and within three hundred days of its dissolution or legal or de facto separation from the spouses.

Article 117.

Born within 180 days of the marriage, the husband may destroy the presumption by authentic declaration to the contrary formalized within six months of the birth. Except for cases in which she has expressly or tacitly acknowledged paternity or had known the pregnancy of the woman prior to the marriage, unless, in the latter case, the authentic declaration was formalized with the consent of both, before or after the marriage, within six months of the birth of the child.

Article 118.

Even if the presumption of paternity of the husband is lacking because of the legal or de facto separation of the spouses, filiation may be registered as a marriage if the consent of both spouses is obtained.

Article 119.

Filiation becomes matrimonial from the date of the parents' marriage when it takes place after the birth of the child provided that the act of filiation is legally determined in accordance with the provisions of the following section.

The provisions of the preceding paragraph shall, where appropriate, benefit from the descendants of the deceased child.

Section 3.a on the determination of non-marital filiation

Text added, published 19/05/1981, in force from 08/06/1981.

Article 120.

Non-marital filiation shall be determined by law:

1. At the time of birth registration, by the conforming declaration made by the non-pregnant parent in the relevant official form referred to in the Civil Registry legislation.

2. For the recognition before the Registrar of Civil Registry, in will or in other public document.

3. A decision to file a case under the law of the Civil Registry.

4th By final judgment.

5. With regard to the pregnant mother or parent, where filiation is recorded in the birth registration carried out within the time limit, in accordance with the provisions of the Convention on the Rights of the Child, Civil Registry Act.

Article 121.

Recognition granted by unemancipated minors will require judicial approval with a hearing by the Public Prosecutor for its validity.

The validity of the recognition granted by persons of legal age in respect of whom support measures have been established shall be determined by the court decision or public deed establishing them. If nothing had been done and there were no voluntary support measures, a corresponding review of the judicial support measures taken to complete them for this purpose will be undertaken.

Article 122.

Where a parent makes the recognition separately, he or she may not manifest in it the identity of the other unless it is already legally determined.

Article 123.

Recognition of an adult child shall not have effect without his or her express or tacit consent.

The consent for the effective recognition of the adult with disabilities shall be expressly or tacitly provided by the adult with the support required for this purpose. In the event of a court decision or public deed establishing support measures, it shall be so provided.

Article 124.

The effectiveness of recognition of a minor shall require the express consent of his legal representative or judicial approval with a hearing of the Public Prosecutor ' s Office and of the legally known parent.

Consent or approval shall not be required if the recognition has been made in will or within the time limit set for the registration of the birth. The registration of filiation of the non-pregnant parent thus practised may be suspended at the sole request of the pregnant mother or parent for the year following birth. If the non-pregnant parent requests confirmation of registration, judicial approval with a hearing by the Public Prosecutor ' s Office will be required.

Article 125.

When the parents of the minor are brothers or bloodsanguines in a straight line, legally determined filiation with respect to one, it may be determined legally with respect to the other only upon prior judicial authorization, which shall be granted with a hearing of the Public Prosecutor's Office, when it is in the interest of the minor.

The minor may, upon reaching the age of majority, invalidate by authentic declaration the latter determination if he has not consented to it.

Article 126.

Recognition of the deceased shall take effect only if consented to by his descendants themselves or by his legal representatives.

CHAPTER III

Actions for filiation

Text added, published 19/05/1981, in force from 08/06/1981.

Section 1.a General provisions

Text added, published 19/05/1981, in force from 08/06/1981.

Arts. 127-130

(Repealed)

Text added, published on 08/01/2000, in force from 08/01/2001.

Section 2.a of the claim

Text added, published 19/05/1981, in force from 08/06/1981.

Article 131.

Any person with a legitimate interest has action to declare filiation manifested by the constant possession of state.

Except for the case in which the claim is made against another legally determined filiation.

Article 132.

In the absence of the corresponding possession of state, the action for the claim of marital filiation, which is imprescriptible, is the responsibility of either parent or the child.

If the child dies within four years of reaching full capacity, or during the year following the discovery of the evidence on which the claim is to be based, his or her action is for the time remaining to complete those deadlines.

Article 133.

1. The action for non-marital filiation, where the respective possession of state is lacking, shall be the responsibility of the child throughout his or her life.

If the child dies within four years of reaching the age of majority or after the removal of the support measures that he has provided for this purpose, or during the year following the discovery of the evidence on which the claim is based, his action shall be for his heirs for the time remaining to complete those deadlines.

2. The parents may also bring the present filiation action within one year of their knowledge of the facts on which they are to base their claim.

This action shall not be transmitted to the heirs who may only continue the action which the parent has initiated in life.

In the same vein, the judgment of TC 52/2006, of 16 February, is pronounced. Ref. BOE-T-2006-4766.

Article 134.

The exercise of the complaint action, in accordance with the preceding articles, by the child or the parent, will in any case allow the challenge of contradictory filiation.

Article 135. 

(Repealed)

Section 3.a of the challenge

Text added, published 19/05/1981, in force from 08/06/1981.

Article 136.

1. The husband may bring an action to challenge paternity within one year of registration of filiation in the Civil Registry. However, the deadline will not run as long as the husband ignores the birth. The husband died without knowing the birth, the year will be counted from the time the heir knows him.

2. If the husband, despite knowing the fact of the birth of the person who has been registered as his son, is unaware of his lack of biological paternity, the calculation of the one-year period will begin to count from the time he had such knowledge.

3. If the husband dies before the expiry of the period specified in the preceding paragraphs, the action shall be taken by each heir for the time remaining to complete that period.

In the same vein, the judgment of TC 156/2005 of 9 June 2005 is pronounced. Ref. BOE-T-2005-11743.

Article 137.

1. The filiation of the non-pregnant parent may be challenged by the child during the year following the registration of filiation. If you are a minor or a person with a disability with support measures, to challenge it, the period of the year shall be counted from the age of majority or from the expiry of support measures.

In the interests of the child who is a minor, the action shall also be brought in the year following the registration of filiation, by the pregnant mother or parent holding parental authority, by his legal representative or by the Public Prosecutor ' s Office.

In the case of a person with a disability with support measures, the person who provides support and is expressly entitled to do so or, failing that, the Public Prosecutor ' s Office, may also bring an action for challenge within the year following the registration of filiation.

2. If the child, despite more than one year after registration, from the age of majority or after the termination of the support measure, is unaware of the lack of biological paternity of the person who is registered as his or her non-pregnant parent, the calculation of the one-year period shall begin to count from the time he or she had such knowledge.

3. Where the child dies before the time limits set out in the preceding paragraphs have elapsed, his or her actions shall be the responsibility of his or her heirs for the time remaining to complete those periods.

4. If the possession of a state of marital filiation is lacking in family relations, the claim may be filed at any time by the child or his heirs.

Article 138.

Recognition and other legal acts that establish a matrimonial or non-marital filiation under the law may be challenged by a vice of consent under article 141. The challenge to paternity on other grounds shall be in accordance with the rules contained in this section.

Article 139.

The mother or parent who is a pregnant woman may exercise the act of contesting filiation by justifying the assumption of childbirth or the identity of the child is not true.

Article 140.

Where the possession of a state is lacking in family relations, non-marital paternal or maternal filiation may be challenged by those to whom it harms.

In cases where state ownership exists, the challenge action shall be taken by the person who appears as a child or parent and by filiation who may be affected as forced heirs. The action shall expire four years after the child, upon registration of filiation, has the right to possess the relevant status.

In any event, children will have action for one year after reaching or regaining sufficient capacity for their majority.

Article 141.

The action to challenge recognition made through error, violence or intimidation is the responsibility of the person who granted it. The action shall expire in the year of recognition or since the defect of consent has ceased, and may be exercised or continued by the heirs of that person, if he has died before the end of the year.

TITLE VI

From food among relatives

Article 142.

Food is understood to mean everything that is indispensable for sustenance, accommodation, clothing and medical assistance.

Maintenance also includes the education and instruction of the dietitian while he is a minor and even later when he has not completed his training for reasons that are not attributable to him.

Food shall include the costs of pregnancy and childbirth as soon as they are not otherwise covered.

Article 143.

They are obliged to give food to each other in the full extent of the preceding article:

1. Spouses.

2. The ascendants and descendants.

The brothers are only responsible for the necessary life aid, when they need it for any cause that is not attributable to the foodist, and they will be extended to those who need it for their education.

Article 144.

The maintenance claim, where appropriate, and two or more persons obliged to provide maintenance, shall be made in the following order:

1. The spouse.

2. To the descendants of the nearest degree.

3. To ascendants, also of the nearest degree.

4. To the brothers, but being obliged in last place those who are only uterine or consanguinate.

Among the descendants and ascendants, the gradation shall be regulated by the order in which they are called to the legitimate succession of the person entitled to maintenance.

Article 145.

Where two or more persons are obliged to give maintenance, the payment of the pension shall be divided among them in proportion to their respective earnings.

However, in the event of urgent necessity and special circumstances, the judge may oblige only one of them to lend them provisionally, without prejudice to their right to claim from the other parties concerned.

When two or more foodists claim both the maintenance of the same person legally obliged to give them, and the same person has not enough fortune to care for all, the order set forth in the preceding article shall be preserved, unless the concurrent foodists are the spouse and a child subject to parental authority, in which case the latter shall be preferred to the same.

Article 146.

The amount of food shall be proportionate to the flow or means of the giver and to the needs of the recipient.

Article 147.

Food, in the cases referred to in the preceding article, shall be reduced or increased proportionately according to the increase or decrease in the needs of the food-seeker and the fortune of the food-seeker.

Article 148.

The obligation to provide maintenance shall be enforceable as soon as the person entitled to receive maintenance is in need of maintenance, but shall be paid only from the date on which the claim is brought.

Payment for months in advance will be verified, and, when the feeder dies, his heirs will not be obliged to return what he would have received in advance.

The judge, at the request of the dietist or the Public Prosecutor's Office, shall urgently order the necessary precautionary measures to ensure the advance payments made by a public entity or other person and to provide for future needs.

Article 149.

A person liable to provide maintenance may, at his choice, satisfy them, or pay the pension to be fixed, or receive and maintain in his own home to which he is entitled.

This choice will not be possible as soon as it contradicts the situation of cohabitation determined for the dietist by the applicable rules or by judicial decision. It may also be rejected when the cause is just or prejudicial to the interests of the underage foodist.

Article 150.

The obligation to provide maintenance ceases with the death of the obligor, even if it was in compliance with a final judgement.

Article 151.

The right to food is not waived or transmitted to a third party. Nor can they be compensated for by what the feeder owes to the borrower.

However, arrears of maintenance may be compensated and waived and the right to sue may be transmitted for a fee or free of charge.

Article 152.

The obligation to provide maintenance shall also cease:

1st For the death of the foodist.

2. Where the fortune of the person obliged to give them has been reduced to the extent that he cannot satisfy them without neglecting his own needs and those of his family.

3. Where the food-seeker may exercise a trade, profession or industry, or has acquired a destination or improved fortune, such that maintenance is not necessary for his or her subsistence.

4. When the foodist, whether or not he was a forced heir, would have committed a fault of those that gave rise to disinheritment.

5.o When the food eater is a descendant of the one who is obliged to give food, and the need for it comes from misconduct or from non-application to work, while this cause remains.

Article 153.

The above provisions apply to other cases in which this Code, by will or covenant, is entitled to maintenance, except as agreed, as ordered by the testator or by law in the particular case in question.

TITLE VII

Parental-filial relations

CHAPTER I

General provisions

Article 154.

Unemancipated sons and daughters are under parental authority.

Parental authority, as parental responsibility, shall always be exercised in the interests of the sons and daughters, in accordance with their personality, and with respect for their rights, physical and mental integrity.

This function includes the following duties and powers:

1. To ensure for them, to have them in their company, to feed them, to educate them and to provide them with comprehensive training.

2. To represent them and administer their property.

3. To decide the place of habitual residence of the minor, which may be modified only with the consent of both parents or, failing that, by judicial authorization.

If the children are of sufficient maturity, they must always be heard before making decisions affecting them either in contentious proceedings or by mutual agreement. In any event, it shall be ensured that they can be heard under suitable conditions, in terms that are accessible to them, understandable and adapted to their age, maturity and circumstances, seeking the assistance of specialists where necessary.

Parents may, in the exercise of their duties, seek the assistance of the authority.

Article 155.

Children should:

1. Obey your parents while they remain under your authority, and respect them always.

2. To contribute equitably, according to their possibilities, to the lifting of family burdens while living with them.

Article 156.

Parental authority shall be exercised jointly by both parents or by only one parent with the express or tacit consent of the other parent. Acts performed by one of them according to social use and circumstances or in situations of urgent need shall be valid.

A conviction is handed down and until criminal responsibility is discharged or criminal proceedings have been instituted against one of the parents for violating the life, physical integrity, liberty, moral integrity or sexual freedom and freedom of ordinary children under the age of 18, or for violating the other parent, the consent of the latter shall be sufficient for the care and psychological assistance of minor children, the former being informed beforehand. The above shall also apply, even if no prior complaint has been lodged, when the woman is receiving assistance in a specialized gender-based violence service, provided that she receives a report issued by that service attesting to that situation. If the assistance is to be provided to children over the age of sixteen, the express consent of the children shall be required in any event.

In the event of a disagreement in the exercise of parental authority, either of them may apply to the judicial authority, which, after hearing both of them and the child if he or she is sufficiently mature and, in any case, if he or she is over twelve years of age, shall confer the power to decide on one of the two parents. If the disagreements are repeated or any other cause seriously hampering the exercise of parental authority occurs, it may be attributed in whole or in part to one of the parents or may distribute its functions among them. This measure shall be in force for the period fixed, which may never exceed two years. In the cases of bona fide third parties, each parent shall be presumed to be acting in the ordinary exercise of parental authority with the consent of the other parent.

In the absence or in the absence or impossibility of one of the parents, parental authority shall be exercised exclusively by the other parent.

If parents live separately, parental authority shall be exercised by the parent with whom the child lives. However, the judicial authority may, at the reasoned request of the other parent, in the interest of the child, confer on the applicant the parental authority to exercise it jointly with the other parent or to distribute between the two the functions inherent in the exercise of his or her duties.

Article 157.

The unemancipated minor shall exercise parental authority over his or her children with the assistance of his or her parents and, in the absence of both, his or her guardian; in cases of disagreement or impossibility, with that of the judge.

Article 158.

The judge, on his own initiative or at the request of the child, any relative or the Public Prosecutor's Office, shall order:

1. The appropriate measures to ensure the provision of maintenance and to provide for the future needs of the child, in the event of non-compliance with this duty, by his or her parents.

2. The appropriate provisions to prevent children from being disturbed in the event of a change in the holder of custody.

3. The measures necessary to prevent the abduction of minor children by one of the parents or third parties, and in particular the following:

(a) Prohibition of leaving the national territory, unless previously authorized by the courts.

(b) Prohibition of issuing or withdrawing from the child ' s passport if it has already been issued.

(c) Prior authorization of any change of domicile by the minor.

4. The measure prohibiting parents, guardians, other relatives or third parties from approaching the child and from approaching his or her home or educational establishment and other places that are frequent, with regard to the principle of proportionality.

5. The measure prohibiting communication with the minor, which shall prevent parents, guardians, other relatives or third parties from making written, verbal or visual contact by any means of communication or computer or telematic means, with respect to the principle of proportionality.

6. The precautionary suspension in the exercise of parental authority and/or in the exercise of custody, the precautionary suspension of the regime of visits and communications established in a judicial decision or judicially approved agreement and, in general, other provisions which it considers appropriate, in order to remove the child from danger or to avoid harm to his or her family environment or to third persons.

In the event of the child ' s possible abandonment, the court shall inform the public body of the measures taken. All such measures may be taken in any judicial or criminal proceedings or in a voluntary court file, where the judicial authority shall ensure the hearing of the minor, and the Court may be assisted by outside persons to ensure that this right can be exercised on its own.

Article 159.

If the parents live separately and do not decide by mutual agreement, the judge shall decide, always for the benefit of the children, to the care of which parent the minor children shall remain. Before taking this measure, the judge shall hear children who have sufficient judgment and, in any event, children over the age of twelve.

Article 160.

1. Minor children have the right to relate to their parents even if they do not exercise parental authority, unless otherwise provided by a court decision or by the Public Entity in the cases provided for in article 161. In the event of the deprivation of liberty of the parents, and provided that the best interests of the child recommend visits to the parents, the Administration shall facilitate the transfer accompanied by the minor to the penitentiary, either by a family member appointed by the competent administration or by a professional who shall ensure the preparation of the child for such a visit. A visit to a penitentiary centre must also be carried out outside school hours and in an environment suitable for the minor.

Minors adopted by another person may relate to their family of origin only as provided for in article 178.4.

2. The minor ' s personal relations with his or her siblings, grandparents and other relatives and relatives may not be prevented without just cause.

In the event of opposition, the judge, at the request of the minor, brothers, grandparents, relatives or close relatives, shall decide in accordance with the circumstances. In particular, it should ensure that any measures that may be established to promote relations between siblings, and between grandparents and grandchildren do not make it possible to violate court decisions restricting or suspending the relations of minors with any of their parents.

Article 161.

The Public Entity entrusted with the protection of minors in the respective territory shall regulate visits and communications to parents, grandparents, siblings and other relatives and relatives of children in distress, and may, in the interest of the child, agree on the temporary suspension of such visits and communications after a hearing of the persons concerned and of the minor if he or she is sufficiently mature and, in any event, if he or she is over twelve years of age, with immediate notification to the Public Prosecutor ' s Office. To this end, the Director of the residential care centre or the welcoming family or other agents or professionals involved shall inform the Public Entity of any indication of the harmful effects of such visits on the child.

The minor, the persons concerned and the Public Prosecutor may object to such administrative decisions in accordance with the Civil Procedure Act.

CHAPTER II

Legal representation of children

Text added, published 19/05/1981, in force from 08/06/1981.

Article 162.

Parents who have parental authority have the legal representation of their unemancipated minor children.

Except for:

1. acts relating to the rights of the personality which the child, according to his or her maturity, may exercise for himself or herself.

However, parental responsibility will intervene in these cases by virtue of their duties of care and assistance.

2. Those in which there is conflict of interest between the parents and the child.

3rd. Property that is excluded from parental administration.

The conclusion of contracts requiring the child to make personal benefits requires the child's prior consent if he or she has sufficient judgment, without prejudice to the provisions of article 158.

Article 163.

Provided that in any case the parents have an interest contrary to that of their unemancipated children, they shall be appointed as counsel to represent them at trial and outside. This appointment shall also be made where the parents have an interest contrary to that of the emancipated minor child whose ability to complete.

If the conflict of interest existed only with one parent, it was the other by law and without special appointment to represent the child or to complete his or her capacity.

CHAPTER III

The property of the children and their administration

Text added, published 19/05/1981, in force from 08/06/1981.

Article 164.

The parents shall administer the property of the children with the same diligence as their own, fulfilling the general duties of each administrator and the special duties established in the Mortgage Act.

Except for parental administration:

1. Property acquired free of charge when expressly ordered by the landlord. The will of the latter concerning the administration of these goods and the destination of their fruits shall be strictly complied with.

2. Those acquired by succession in which one or both of the persons exercising parental authority had been fairly disinherited or could not have been inherited by reason of indignity, which shall be administered by the person designated by the deceased and, failing that and in turn, by the other parent or by a specially appointed judicial administrator.

3. Those that the child over sixteen would have acquired with his work or industry. The ordinary administration shall be performed by the child, who shall require the consent of the parents for those who exceed it.

Article 165.

The unemancipated child always belongs to the fruits of his goods, as well as everything he acquires with his work or industry.

However, the parents may assign those of the minor living with both or with only one of them, in the part that corresponds to him, to the lifting of family burdens, and shall not be required to account for what they have consumed in such care.

To this end, the fruits of the property which they do not administer shall be given to the parents to the appropriate extent. Except for the fruits of the goods referred to in points 1 and 2 of the preceding article and of those donated or left to the children especially for their education or career, but if the parents lack the means they may ask the judge to give them the fair share.

Article 166.

The parents may not waive the rights of the children to own or dispose of or tax their immovable property, commercial or industrial establishments, precious objects and transferable securities, except for the right of preferential subscription of shares, but for justified reasons of utility or necessity and subject to the authorization of the judge of the domicile, with a hearing of the Public Prosecutor.

Parents must seek judicial authorization to repudiate the inheritance or legacy of the child. If the judge refuses authorization, the inheritance may only be accepted for inventory benefit.

No judicial authorization shall be required if the minor has attained the age of sixteen years and consents in public documents, or for the disposal of transferable securities provided that the amount is reinvested in secure assets or securities.

Article 167.

Where the administration of the parents endangers the property of the child, the judge may, at the request of the child himself, the Public Prosecutor's Office or any relative of the child, take such measures as he deems necessary for the security and safekeeping of the property, demand security or security for continuation in the administration, or even appoint an Administrator.

Article 168.

At the end of parental authority, children may require the parents to hold the administration accountable for their property until then. Action to enforce this obligation shall be prescribed at the age of three.

In the event of loss or deterioration of property due to serious fault or fault, the parents shall be liable for the damage suffered.

CHAPTER IV

Extinction of parental authority

Text added, published 19/05/1981, in force from 08/06/1981.

Article 169.

Parental authority ends:

1. For the death or declaration of death of the parents or the child.

2. For emancipation.

3. For adoption of the child.

Article 170.

Any parent may be deprived of his or her power in whole or in part by a judgement based on failure to perform the duties inherent in it or in criminal or matrimonial proceedings.

The courts may, in the interests and interests of the child, agree to recover parental authority when the case on which the deprivation was based has ceased.

Article 171.

(Deleted)

CHAPTER V

Adoption and other forms of child protection

It should be noted that in the text of the Civil Code and other legal provisions, the so-called “full adoption” is understood to be replaced by the adoption regulated by Act No. 21/1987 of 11 November 1987, as set out in article 3 of the Act. Ref. BOE-A-1987-25627.

Text added, published on 07/07/1970, in force from 27/07/1970.

Section 1.a Child care and care

Text added, published on 07/07/1970, in force from 27/07/1970.

Article 172.

1. When the public body entrusted with the protection of minors in the respective territory finds that a minor is in a situation of neglect, it is responsible for the protection of the child and must take the necessary protective measures to ensure that he is cared for by the Ministry of Public Prosecutions and, where appropriate, the judge who agreed to the ordinary guardianship. The administrative decision declaring the situation of abandonment and the measures adopted shall be notified in legal form to the parents, guardians or guardians and to the child concerned if he or she has sufficient maturity and, in any case, if he or she is over twelve years of age, immediately without exceeding the maximum period of forty-eight hours. The information shall be clear, understandable and in accessible format, including the causes that gave rise to the intervention of the Administration and the effects of the decision taken, and in the case of the minor, adapted to his degree of maturity. Whenever possible, and especially in the case of the minor, this information shall be provided in person.

The situation of neglect is considered to be that which actually occurs because of non-compliance or because of the impossible or inadequate exercise of the protection duties established by the laws for the care of minors, when they are deprived of the necessary moral or material assistance.

The assumption of the guardianship assigned to the Public Entity entails the suspension of parental authority or ordinary guardianship. However, acts of patrimonial content performed by parents or guardians on behalf of the child and in the interests of the child shall be valid.

The Public Entity and the Public Prosecutor ' s Office may, if appropriate, promote the deprivation of parental authority and the removal of guardianship.

2. Within two years of the notification of the administrative decision declaring the situation of abandonment, parents who continue to exercise parental authority but have it suspended in accordance with paragraph 1, or guardians who, under the same subparagraph, have suspended guardianship, may request the Public Entity to cease the suspension and the declaration of the child's situation of abandonment is revoked, if, by changing the circumstances that motivated it, they understand that they are in a position to assume parental authority or guardianship again.

They may also object to any decisions taken with regard to the protection of the child within the same period of time.

After this period, the right of parents or guardians to request or oppose decisions or measures taken for the protection of the child shall lapse. They may, however, provide information to the Public Entity and the Public Prosecutor ' s Office on any change in the circumstances that led to the declaration of a state of distress.

In any event, after two years, only the Public Prosecutor's Office shall be entitled to oppose the decision of the Public Entity.

During this two-year period, the Public Entity, taking into account the situation and bringing it to the attention of the Public Prosecutor's Office, may adopt any protection measure, including the proposed adoption, where there is a well-founded forecast of a permanent impossibility of returning to the family of origin.

3. The public body, on its own initiative or at the request of the Public Prosecutor's Office or of the person or entity concerned, may revoke the declaration of a situation of neglect and decide to return the child to his or her family, provided that it is understood that it is best in its interest. Such a decision shall be notified to the Public Prosecutor.

4. In compliance with the obligation to provide immediate care, the Public Entity may assume provisional custody of a minor by administrative decision and shall inform the Public Prosecutor's Office, simultaneously carrying out the necessary steps to identify the minor, investigate his circumstances and verify, if necessary, the actual situation of neglect.

Such proceedings shall be carried out as soon as possible, during which time, where appropriate, the declaration of the situation of neglect and consequent assumption of guardianship or promotion of the appropriate measure of protection shall be made. If there are persons who, by reason of their relations with the minor or other circumstances, may assume guardianship in the interests of the minor, the appointment of guardian shall be promoted in accordance with the ordinary rules.

Where the period has elapsed and guardianship has not been formalized or another decision has been taken, the Public Prosecutor's Office shall take appropriate action to ensure that the most appropriate measure of protection of the child is adopted by the Public Entity.

5. The Public Entity shall cease to have custody over minors declared in a situation of neglect when it finds, by means of the relevant reports, the disappearance of the cases that led to their assumption, on the basis of any of the cases provided for in articles 276 and 277.1, and when it reliably establishes any of the following:

(a) The child has voluntarily moved to another country.

(b) That the minor is in the territory of another autonomous community, in which case the file of protection shall be transferred and the public body whose decision has been issued on the declaration of a situation of neglect and its protection or corresponding measure of protection, or understands that it is no longer necessary to adopt protective measures in accordance with the situation of the minor.

(c) Twelve months have elapsed since the minor voluntarily left the protection centre, and his whereabouts are unknown.

The temporary guardianship shall cease for the same reasons as guardianship.

Article 172 bis.

1. Where the parents or guardians, for serious and transitory circumstances duly established, are unable to care for the child, they may apply to the Public Entity for custody for the necessary time, which may not exceed two years as the maximum period of temporary care for the minor, unless the best interests of the minor exceptionally advise the extension of the measures. After the period of time or extension, the minor must return to his or her parents or guardians or, if the appropriate circumstances do not exist, be declared in a legal situation of neglect.

The voluntary surrender of the guardian shall be made in writing on the basis that the parents or guardians have been informed of the responsibilities that they continue to hold with respect to the child, as well as of the manner in which the custody of the child is to be exercised by the public entity, guaranteeing, in particular to children with disabilities, the continuity of the specialized support they receive or the adoption of others more appropriate to their needs.

The administrative decision on the assumption of custody by the Public Entity, as well as any subsequent variation in its form of exercise, shall be substantiated and communicated to the parents or guardians and the Public Prosecutor.

2. In addition, the public entity shall assume custody when the judge so agrees in cases where it is legally appropriate, taking the appropriate protective measure.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 172 ter.

1. Custody shall be carried out through family care and, if this is not possible or appropriate for the child ' s interest, through residential care. Family care shall be provided by the person or persons determined by the Public Entity. Residential care shall be exercised by the Director or head of the centre where the child is placed, in accordance with the terms laid down in the legislation on the protection of minors.

Those who cannot be guardians in accordance with the provisions of the law may not be welcoming.

The decision of the public entity in which the custody measure is formalized in writing shall be notified to parents or guardians who were not deprived of parental authority or guardianship, as well as to the Public Prosecutor ' s Office.

2. The interests of the child shall always be sought and priority given, where it is not contrary to that interest, to their reintegration into the family itself and the care of the siblings shall be entrusted to the same institution or person so that they may remain united. The situation of the child in relation to his or her family of origin, both in terms of his or her custody and in terms of visits and other forms of communication, shall be reviewed, at least every six months.

3. The public entity may agree, in relation to the child in family or residential care, when it is appropriate for his or her interest, stays, weekend departures or holidays with families or institutions dedicated to these functions. To this end, only persons or institutions suitable for the needs of the child shall be selected. Such measures shall be agreed upon after the child has been heard if he or she is sufficiently mature and, in any event, if he or she is over twelve years of age.

The custody delegation for stays, weekend departures or holidays shall contain the terms of the stay and such information as may be necessary to ensure the well-being of the child, in particular any restrictive measures established by the Public Entity or the Judge. This measure shall be communicated to parents or guardians, provided that they have not been deprived of parental authority or removed from the exercise of guardianship, as well as to foster parents. The data of these keepers shall be kept where appropriate for the interest of the child or where a fair cause arises.

4. In cases of declaration of a situation of neglect or of assumption of custody by administrative or judicial decision, the amount to be paid by parents or guardians may be established by the Public Entity to contribute, in the form of maintenance and depending on their possibilities, to the expenses resulting from the care and care of the child, as well as those arising from the civil liability that may be attributed to minors for acts carried out by them.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 173.

1. Family care results in the child ' s full participation in family life and imposes on those who receive it the obligations to care for him or her, to have him or her in his or her company, to feed him or her, to educate him or her and to provide him or her with comprehensive training in an emotional environment. In the case of a child with disabilities, he/she should continue to receive specialized support or adopt other support that is more appropriate to his/her needs.

2. Fostering shall require the consent of the foster and foster children if they are sufficiently mature and, in any case, if they are over twelve years of age.

3. If there are serious problems of cohabitation between the minor and the person or persons entrusted with the custody of the child in family care, the foster child, the Public Prosecutor ' s Office, parents or guardian who are not deprived of parental authority or guardianship or any interested person may request the removal of the custody from the public entity.

4. The child ' s family care shall cease:

(a) By judicial decision.

(b) By decision of the Public Entity, on its own initiative or at the proposal of the Public Prosecutor ' s Office, of the parents, guardians, foster parents or the child himself or herself, if he or she is sufficiently mature, when it is deemed necessary to safeguard the interests of the public, the foster parents, the minor, his or her parents or guardian;

(c) The death or death of the foster or foster child.

(d) By the age of majority of the child.

5. All proceedings for the formalization and cessation of placement shall be conducted with the obligatory reservation.

Article 173 bis.

1. Family placement may take place in the child ' s own extended family or in another person ' s family, in which case it may be specialized.

2. Family care may take the following forms in accordance with its duration and objectives:

(a) Emergency family care, mainly for children under six years of age, lasting no more than six months, pending the decision on the appropriate family protection measure.

(b) Temporary family care, which will be temporary, either because the child ' s situation provides for the reintegration of the child into his or her own family, or pending the adoption of a more stable protection measure such as permanent family care or adoption. Such placement shall last for a maximum period of two years unless the best interests of the child advise the extension of the measure for foreseeable and immediate family reintegration, or the adoption of another definitive protection measure.

(c) Permanent family care, which shall be established either at the end of the two-year period of temporary care on the grounds that family reintegration is not possible, or directly in cases of minors with special needs or where the circumstances of the minor and his or her family so advise. The public body may request the judge to assign to the permanent fosters those powers of guardianship that facilitate the performance of their responsibilities, in any case in the best interests of the child.

Text added, published on 17/01/1996, in force from 16/02/1996.

Article 174.

1. The Ministry of Public Prosecutions is responsible for the supervision of the guardianship, care or care of minors referred to in this section.

2. To this end, the Public Entity shall immediately notify the State of the new income of minors and transmit to it a copy of the administrative decisions formalizing the constitution, variation and cessation of guardianships, wards and foster care. He shall also give notice of any developments of interest in the circumstances of the minor.

The Public Prosecutor ' s Office shall verify the situation of the minor at least six months after the date of the examination and shall promote the necessary measures of protection before the public body or the judge, as appropriate.

3. The supervision of the Public Prosecutor ' s Office shall not relieve the Public Entity of its responsibility towards the minor and of its obligation to inform the Public Prosecutor ' s Office of any anomalies it may observe.

4. In order to perform the function of the superior supervision of the guardianship, care or care of minors, the Public Prosecutor ' s Office may, when necessary, request the preparation of reports by the relevant departments of the competent public administrations.

For this purpose, the relevant services of the competent public administrations shall respond to requests for information sent by the Public Prosecutor's Office in the course of investigations aimed at determining the situation of risk or neglect in which a minor may be found.

Section 2.a Adoption

Text added, published on 17/11/1987, in force from 07/12/1987.

Article 175.

1. Adoption requires the adopter to be over twenty-five years old. If there are two adopters, it will be sufficient for one adopter to reach that age. In any event, the age difference between adopter and adopter shall be at least sixteen years and may not exceed forty-five years, except in the cases provided for in Article 176.2. When two adopters are adopted, it will be enough for one to not have that maximum age difference with the adopter. If prospective adopters are willing to adopt groups of siblings or minors with special needs, the maximum age difference may be higher.

Those who cannot be guardians in accordance with the provisions of this Code may not be adopted.

2. Only unemancipated minors may be adopted. By exception, it will be possible to adopt an adult or an emancipated minor when, immediately prior to emancipation, there has been a situation of foster care with future adopters or of stable coexistence with them of at least one year.

3. It cannot be adopted:

1st To a descendant.

2. To a second degree relative of the collateral line by consanguinity or affinity.

3. To a pupil by his guardian until the general account of the guardianship has been definitively approved.

4. No one may be adopted by more than one person, unless the adoption is carried out jointly or successively by both spouses or by a partner in a similar relationship of affection to the conjugal. A marriage concluded after adoption will allow the spouse to adopt the children of his or her spouse. This provision will also apply to couples who subsequently form a partnership. In the event of the death of the adopter, or where the adopter suffers the exclusion provided for in Article 179, a new adoption of the adopter shall be possible.

5. If the adopter is in permanent care or is in care for the purpose of adoption of two spouses or of a couple united by a similar relationship of affection to the conjugal, the separation or legal divorce or breakdown of the relationship of the spouses that is confirmed prior to the proposed adoption shall not prevent the promotion of joint adoption provided that the effective coexistence of the adopter with both spouses or with the united couple is established by a similar relationship similar to that of the conjugal for at least two years prior to the proposed adoption.

Please take into account the provisions of additional provision 3 of this Act.

Article 176.

1. Adoption shall be constituted by a court decision, which shall always take into account the interests of the adopter and the suitability of the adopter or adopters for the exercise of parental authority.

2. In order to initiate the adoption file, the prior proposal of the Public Entity in favour of the adopter or adopters that the Public Entity has declared suitable for the exercise of parental authority will be necessary. The declaration of suitability shall be made prior to the proposal.

However, such a proposal shall not be required where the adoption of any of the following circumstances occurs:

1. To be an orphan and relative of the adopter in the third degree by consanguinity or affinity.

2. to be the child of the spouse or of the person attached to the adopter by similar relationship of affection to the conjugal.

3. a To have been in foster care for the purpose of adoption or to have been under the care of the adopter for the same time.

4. to be of age or of emancipated minor.

3. Appropriateness means adequate capacity, ability and motivation to exercise parental responsibility, taking into account the needs of children to adopt, and to assume the peculiarities, consequences and responsibilities of adoption.

The declaration of suitability by the Public Entity will require a psychosocial assessment of the personal, family, relational and social situation of the adopters, as well as their ability to establish stable and secure links, their educational skills and their ability to care for a child in accordance with their unique circumstances. Such a declaration of suitability shall be formalised by the relevant decision.

Persons deprived of parental authority or suspended from exercising parental authority, or those entrusted with the care of their child to the Public Entity, may not be declared suitable for adoption.

Persons offered for adoption should attend information and preparation sessions organized by the Public Entity or by an authorized partner.

4. Where one of the circumstances 1.a, 2.a or 3.a as provided for in paragraph 2 is present, adoption may be constituted, even if the adopter has died, if the adopter has already given his consent to the judge or the consent has been granted by public document or in will. The effects of the judicial decision in this case will be taken back to the date of the granting of such consent.

Article 176 bis.

1. The Public Entity may delegate the custody of a child declared in a state of distress to persons who, meeting the capacity requirements for adoption provided for in article 175 and having given their consent, have been prepared, declared suitable and assigned for adoption. To this end, the Public Entity, prior to the submission of the proposed adoption, shall delegate custody for the purpose of adoption until the court decision of adoption is issued, by duly reasoned administrative decision, after hearing the persons concerned and the minor if he or she has sufficient maturity and, in any case, if he or she is over twelve years of age, that parents or guardians who are not deprived of parental authority or guardianship shall be notified.

Guardians for adoption purposes shall have the same rights and duties as foster families.

2. Unless otherwise in the interest of the child, the Public Entity shall suspend the regime of visits and relations with the family of origin when the period of pre-adopted coexistence referred to in the preceding paragraph begins, except in the cases provided for in Article 178.4.

3. The proposal for adoption by the judge shall be made as soon as possible and in any event no later than three months after the date on which the foster delegation was agreed for adoption. However, where the Public Entity considers it necessary, depending on the age and circumstances of the child, to establish a period of adaptation of the child to the family, that period of three months may be extended to a maximum of one year.

Where the judge does not consider such adoption appropriate, the public body shall determine the most appropriate protective measure for the minor.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 177.

1. Adoption shall be granted in the presence of the judge, the adopter or adopter and the adopter over the age of twelve.

2. They shall agree to adoption:

1. The spouse or person attached to the adopter by similar relationship of affection to the conjugal unless there is a legal separation or divorce or a break-up of the couple that is reliably recorded, except in cases where the adoption is to be formalized jointly.

2. The parents of the adopter who are not emancipated, unless they are deprived of parental authority by final judgement or are legally prosecuted for such deprivation. This situation can only be assessed in the adversarial judicial proceedings to be conducted in accordance with the Civil Procedure Act.

Consent shall not be necessary if those who are required to give it are unable to do so, an impossibility which will be assessed on the basis of the judicial decision constituting the adoption.

Nor shall the consent of parents who have been suspended from parental authority be required when two years have elapsed since the notification of the declaration of a state of help, as provided for in article 172.2, without opposition thereto or when, filed within a period of time, it has been dismissed.

The mother's consent may not be given until six weeks have elapsed since the birth.

Adoptions requiring prior proposals shall not allow parental consent to be related to specific adopters.

3. They shall be heard by the Judge:

1. Parents who have not been deprived of parental authority, when their assent is not necessary for adoption.

2. The guardian and, where applicable, the welcoming family, and the keeper or keepers.

3. The adoption of a child under the age of twelve years according to his or her age and maturity.

4. Consents and assents must be freely given, in the required legal form and in writing, subject to information of their consequences.

Article 178.

1. Adoption causes the legal links between the adopted person and his family of origin to cease.

2. By exception, legal links with the parent ' s family shall be maintained, as appropriate:

(a) If the adopted person is the child of the spouse or of the person associated with the adopter by reason of a similar relationship of affection to the conjugal, even if the consort or the couple has died.

(b) Where only one of the parents has been legally determined, provided that such effect has been requested by the adopter, the adopted person over the age of 12 years and the parent whose bond is to persist.

3. The provisions of the preceding paragraphs are without prejudice to the provisions on impediments to marriage.

4. Where the interest of the child so advises, due to his or her family situation, age or any other significant circumstance valued by the Public Entity, it may be agreed that any form of relationship or contact may be maintained through visits or communications between the minor, the members of the family of origin considered and the adoptive family, with special favour, where possible, for the relationship between the biological brothers and sisters.

In such cases, the judge, when establishing the adoption, may agree to maintain the said relationship, determining its periodicity, duration and conditions, on a proposal from the Public Entity or the Public Prosecutor's Office and with the consent of the adoptive family and the adoption if it is sufficiently mature and if it is more than twelve years old. In any event, the child who is under 12 years of age shall be heard according to his age and maturity. If necessary, such a relationship shall be carried out through the intermediary of the Public Entity or entities accredited for that purpose. The judge may also agree to its modification or termination in the best interests of the child. The Public Entity shall transmit to the Judge periodic reports on the conduct of visits and communications, as well as proposals for their maintenance or modification during the first two years, and, following these, at the request of the Judge.

They are entitled to request the suspension or suppression of such visits or communications by the Public Entity, the adoptive family, the family of origin and the minor if he or she has sufficient maturity and, in any case, if he or she is over twelve years of age.

The declaration of suitability should state whether the persons offering to adopt would agree to adopt a minor who would maintain the relationship with the family of origin.

Article 179.

1. The judge, at the request of the Public Prosecutor's Office, the adoptee or his legal representative, shall agree that the adopter who has incurred the deprivation of parental authority shall be excluded from the functions of the court and from the rights which he is entitled by law with respect to the adoptee or his descendants, or in his inheritance.

2. Once full capacity has been achieved, exclusion may only be requested by the adoptee within two years.

3. These restrictions will cease to take effect by determination of the child's own after full capacity has been achieved.

Article 180.

1. Adoption is irrevocable.

2. The judge shall order the termination of the adoption at the request of any parent who, without his fault, has not intervened in the proceedings in accordance with the terms of article 177. It will also be necessary for the application to be filed within two years of adoption and for the application for termination to not seriously harm the minor.

If the adopted person is of legal age, the termination of the adoption shall require his express consent.

3. Extinction of adoption is not a cause of loss of nationality or of the acquired civil neighbourhood, nor does it affect the property effects previously produced.

4. The determination of filiation which by nature corresponds to the adopted does not affect adoption.

5. Public entities shall ensure the preservation of the information available to them concerning the minor's origins, including information regarding the identity of his parents, as well as the medical history of the minor and his family, and shall be kept for at least fifty years after the adoption has become final. Conservation shall be carried out only if the adopted person is able to exercise the right referred to in the following paragraph.

6. Persons who have reached the age of majority or have reached the age of majority through their legal representatives shall have the right to know the data on their biological origins. The public entities shall, upon notification to the persons concerned, provide, through their specialized services, the advice and assistance they require in order to give effect to this right.

For this purpose, any private or public entity shall have an obligation to provide to the Public Entities and the Public Prosecutor's Office, when required, the necessary reports and background on the minor and his family of origin.

TITLE VIII

The absence

CHAPTER I

Declaration of absence and its effects.

Article 181.

In any event, a person who has disappeared from his home or from the place of his last residence, without having received further information, may, at the request of the party concerned or the Prosecutor ' s Office, appoint a defence counsel to protect and represent the person who has disappeared at trial or in business that does not admit delay without serious prejudice. Except for cases in which he was lawfully represented voluntarily under article 183.

The spouse present at the age of majority who is not legally separated shall be the natural representative and counsel of the disappeared person; and for his or her lack, the closest relative until the fourth grade, also the adult. In the absence of relatives, not being present, or a known urgency, the judicial secretary shall appoint a person of good standing and good standing, after a hearing by the Public Prosecutor ' s Office.

It may also, in accordance with its prudent discretion, take the necessary measures to preserve the heritage.

Article 182.

It has an obligation to promote and urge the declaration of legal absence, without order of preference:

First. The spouse of the absentee is not legally separated.

Second. The blood relatives until the fourth grade.

Third. The Ministry of Public Prosecutions, whether ex officio or under complaint.

Such a declaration may also be requested by any person who rationally considers that he or she has any right exercised in his or her life or dependent on his or her death over the property of the disappeared person.

Article 183.

The person who has disappeared from his domicile or last residence shall be deemed to be in a situation of legal absence:

First. One year after the last news or in the absence of it since his disappearance, if he had not left him with authority to administer all his property.

Second. After three years, if he had left the administration of all his property in power.

The death or justified resignation of the president, or the expiration of the mandate, determines the legal absence, if the whereabouts of the disappeared person were ignored at the time of their occurrence and one year has elapsed since the last news, and, failing that, since his disappearance. The declaration of absence is entered in the Civil Registry and all general or special mandates granted by the person absent are extinguished.

Article 184.

Unless the judicial secretary has serious reasons for his or her absence, the person concerned shall be represented, his or her person shall be investigated, his or her property shall be protected and administered and his or her duties shall be discharged:

1o A spouse present of legal or de facto non-separate age.

2nd To the child who is of age; if there are several, those who live with the absent and the oldest will be preferred.

3.o To the nearest ascendant of less age of one line or another.

4th To older siblings who have lived with the absent family, with preference to the older one over the younger.

In the absence of the persons concerned, it is entirely up to the person with a good record to be appointed by the judicial secretary, who has been heard by the prosecutor ' s office, to exercise his discretion.

Article 185.

The representative of the person declared absent shall be bound by the following obligations:

1.Invent the movable property and describe the real estate of its representative.

2.a To provide such assurance as the Registrar may reasonably establish. Except for those covered by the first, second and third subparagraphs of the preceding article.

3.a Keep and defend the assets of the absent person and obtain from his property the normal returns of which they are susceptible.

4.a To comply with the rules governing the possession and administration of the property of the absent party set out in the Civil Procedure Act.

The rules governing the exercise of guardianship and the reasons for the inability, removal and excuse of guardians shall apply to the representatives of the absentee, as soon as they are adapted to their special representation.

Article 186.

The legitimate representatives of the person declared absent under article 184 (1), (2) and (3) shall enjoy the temporary possession of the assets of the person absent and shall endorse the liquid products in the amount indicated by the judicial secretary, taking into account the amount of the fruits, income and profits, the number of children of the person absent and the maintenance obligations towards them, the care and actions required by the representative, the conditions which affect the assets and other circumstances of the same nature.

Legitimate representatives within the meaning of the fourth paragraph of this article shall also enjoy temporary possession and shall endorse the fruits, rents and profits to the extent indicated by the judicial secretary, without in any case being able to retain more than two thirds of the liquid products, the remaining third being reserved for the absent person or, where appropriate, for his heirs or successors.

The temporary holders of the assets of the absent person may not sell, tax, mortgage or give them in pledge, but in case of evident necessity or utility, recognized and declared by the judicial secretary, who, when authorizing such acts, shall determine the use of the amount obtained.

Article 187.

If, during the exercise of temporary possession or the exercise of such representation, any proof of his preferential right to such possession is given, the current holder shall be excluded, but he shall not be entitled to the products except from the day on which the application is lodged.

If the missing person appears, his or her assets must be returned to him or her, but not the products collected, except in bad faith, in which case the refund shall also include the fruits received and those received from the day on which it was produced, according to the statement of the judicial secretary.

Article 188.

If, in the course of temporary possession or the exercise of the right of representation, the death of the person declared absent is proved, the succession shall be opened for the benefit of those who at the time of death were his voluntary or legitimate successors, and the temporary possessor must give them the estate of the deceased, but retain, as his own, the goods received in the amount indicated.

If a third party is presented by proof of having acquired, by purchase or other title, property of the absent party, the representation in respect of such property shall cease and shall remain at the disposal of its legitimate owners.

Article 189.

The spouse of the absentee shall be entitled to separate property.

Article 190.

In order to claim a right on behalf of the person constituted in absentia, it must be established that this person existed at the time when his existence was necessary to acquire it.

Article 191.

Without prejudice to the provisions of the preceding article, where a succession is opened to which an absentee is called, the part of the absentee shall be increased to his joint heirs, as there is no person in his own right to claim it. If necessary, they must make an inventory of these assets, with the assistance of the Ministry of Public Prosecutions, which they will reserve until the death certificate has been declared.

Article 192.

The provisions of the preceding article are without prejudice to actions for the request of inheritance or other rights that fall within the competence of the absent person, his representatives or successors. These rights shall not be extinguished except for the duration of the period of limitation. In the registration of immovable property that is added to the joint heirs, the circumstance of being subject to the provisions of this article and the preceding shall be expressed.

CHAPTER II

Declaration of death

Text added, published on 19/10/1939, in force from 08/11/1939.

Article 193.

The declaration of death is as follows:

1st. Ten years have passed since the last news of the missing person, or, in the absence of the missing persons, since his disappearance.

Second. Five years after the last news or, failing that, since his disappearance, if at the end of the said period he has completed the absent seventy-five years.

The time limits expressed shall be counted from the expiration of the calendar year in which the last news was received, or, failing that, from the year in which the disappearance occurred.

Third. One year later, counted from date to date, of an imminent risk of death as a result of violence against life, when a person had not had, after the violence, news of him. In the event of an accident, this period shall be three months.

Violence is presumed if in a subversion of a political or social order a person has disappeared without having heard from him again during the time expressed, provided that six months have passed since the cessation of subversion.

Article 194.

The declaration of death is also appropriate:

1st. Of those who, belonging to or attached to an armed contingent as voluntary auxiliary staff or as information officers, have taken part in and disappeared from field operations after two years, counted from the date of the peace treaty, and if not concluded, since the official declaration of the end of the war.

2. Of those found to be on board a ship whose shipwreck or disappearance by immersion in the sea has been verified, or on board an aircraft whose casualty has been verified and there is rational evidence of the absence of survivors.

3. Of those who were not informed after it was established that they were on board a ship whose shipwreck or disappearance by immersion in the sea was verified or on board an aircraft whose casualty was verified, or, if human remains have been found in such cases, and could not have been identified after eight days have elapsed.

4. Of those on board a ship presumed to be shipwrecked or disappeared by immersion in the sea, by not reaching its destination, or by not having a fixed point of arrival, do not return and there is rational evidence of the absence of survivors, after in any of the cases a month has elapsed since the last news received or, for lack of it, from the date of departure of the ship from the initial port of the journey.

5. of those on board an aircraft presumed to be in distress when travelling over seas, desert or uninhabited areas, because it does not reach its destination, or if it lacks a fixed point of arrival, does not return, and there is rational evidence of the absence of survivors, after a month has elapsed in any of the cases since the last news of the persons or aircraft and, failing that, from the date of the start of the journey. If this is done in stages, the specified time limit shall be calculated from the take-off point from which the latest news was received.

Article 195.

The declaration of death ceases the situation of legal absence, but as long as such declaration does not occur, it is presumed that the absent person has lived until the moment when he must be removed from the deceased, unless investigations to the contrary.

A declaration of death shall state the date from which the death is deemed to have occurred, in accordance with the provisions of the preceding articles, unless there is evidence to the contrary.

Article 196.

The declaration of the death of the missing person shall be signed, the succession to the property of the absent person shall be opened, and its award shall be made in accordance with the law.

The heirs may not dispose of it free of charge until five years after the declaration of death.

Until the same period has elapsed, legacies shall not be handed over, if any, nor shall the legacies have the right to demand them, except for pious commands in the vote of the soul of the testator or legacies in favour of charitable institutions.

It will be an inescapable obligation of successors, even if only one was not necessary partition, to form a detailed inventory of movable property and a description of the real estate.

Article 197.

If after the declaration of death the missing person appears or his existence proves to be present, he shall recover his property in the state in which they are located and shall be entitled to the price of those who have been sold, or to the goods which at this price have been acquired, but he shall not be able to claim from his successors income, fruit or products obtained from the property of his succession, but from the day of his presence or from the declaration that he has not died.

CHAPTER III

Registration in the Civil Registry

Text added, published on 19/10/1939, in force from 08/11/1939.

Article 198.

The Civil Registry shall record the declarations of disappearance, legal absence and death, as well as the legitimate and dative representations agreed upon, and their extinction.

In addition, the inventories of movable property and description of real estate ordered in this Title shall be recorded; the decrees of concession and the transfer and charge deeds made by the legitimate or representative of the absent persons; and the deed of description or inventory of the property, as well as the deeds of partition and award made by virtue of the declaration of death or of the protocolization of the partitional notebooks in their respective cases.

TITLE IX

Guardianship and guardianship of minors

CHAPTER I

Guardianship

Text added, published on 03/06/2021, in force from 03/09/2021.

Section 1.a General provisions

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 199.

The following are subject to guardianship:

1. Unemancipated minors in a helpless situation.

2. Unemancipated minors not subject to parental authority.

Article 200.

Guardianship is a duty, shall be exercised for the benefit of the guardian and shall be under the protection of the judicial authority.

The measures and provisions provided for in article 158 may also be agreed by the judicial authority in all cases of guardianship of minors, as soon as the interests of the minors so require.

In the case of minors under the supervision of a public entity, such measures may only be agreed upon by the judicial authority of its own motion or at the request of that entity, the Public Prosecutor ' s Office or the minor himself. The public entity shall be a party to the procedure and the measures agreed upon shall be communicated to it, which shall transmit the communication to the director of the residential centre or to the welcoming family.

Article 201.

The parents may, in a will or notarial public document, appoint guardian, establish guardianship oversight bodies and designate persons to be included in them or order any other provision concerning the person or property of their minor children.

Article 202.

The designations referred to in the preceding article shall bind the judicial authority in establishing guardianship, unless the best interests of the child otherwise require, in which case it shall issue a reasoned decision.

Article 203.

Where there are provisions of the parents made in will or notary public document of the parents, they shall apply together, as soon as they are compatible. If not, the judicial authority shall, in a reasoned decision, take those which it considers most appropriate for the best interests of the child.

Article 204.

The provisions made in a will or a notarial public document on guardianship shall be ineffective if, at the time of adoption, the landlord had been deprived of parental authority.

Article 205.

A person who has property free of charge for a minor may establish the rules governing the administration and disposition of such property and designate the person or persons to exercise it. The functions not conferred on the administrator are those of the tutor.

Article 206.

They shall be obliged to promote the establishment of guardianship, from the moment they know the fact that causes it, the relatives called to it and the natural or legal person under whose custody the minor is present and, if they do not, shall be jointly liable for compensation for the damage caused.

Article 207.

Any person may inform the Public Prosecutor ' s Office or the judicial authority of the decisive act of guardianship in order to initiate the file referred to in the following article.

Article 208.

The judicial authority shall establish guardianship by means of a file of voluntary jurisdiction, following the procedures provided for by law.

Article 209.

Guardianship shall be exercised under the supervision of the Department of Public Prosecutions, which shall act on its own initiative or at the request of the minor or any interested party.

At any time he may require the guardian to inform him of the situation of the minor and of the status of the guardianship administration.

Article 210.

The judicial authority may establish, in the decision establishing guardianship or in a subsequent decision, such measures of supervision and control as it deems appropriate, for the benefit of the guardian. It may also at any time require the guardian to report on the situation of the minor and on the status of the administration.

Section 2.a On disqualification of guardianship and appointment of guardian

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 211.

All natural persons who, in the opinion of the judicial authority, meet the conditions of fitness sufficient for the proper performance of their duties may be guardians and do not have any of the causes of inability set out in the following articles.

Article 212.

Foundations and other non-profit legal persons, public or private, whose purposes include the protection and assistance of minors, may be guardians.

Article 213.

The appointment of guardian shall be preferred by:

1. To the person or persons designated by the parents in will or notarial public document.

2. The ascendant or brother who designates the judicial authority.

Exceptionally, in a reasoned decision, the order of the preceding paragraph may be altered or all the persons referred to in the preceding paragraph may be dispensed with, if the best interests of the child so require. Integration into the family life of the guardian is considered beneficial for the child.

Article 214.

In the absence of the persons referred to in the preceding article, the judicial authority shall appoint a guardian who, because of his relations with the guardian and in the best interests of the guardian, considers most suitable.

Article 215.

If several siblings are to be appointed as guardians, the appointment shall be made by the same person.

Article 216.

They may not be guardians:

1. Those who by judicial decision were deprived or suspended in the exercise of parental authority or, in whole or in part, of the rights of custody and protection.

2. Those who have been legally removed from guardianship, wardship or former guardianship.

Article 217.

The following persons may not be appointed by the judicial authority:

1. Anyone who has been excluded by the parents of the guardian.

2. Any person who has been sentenced in a final judgement for any offence which reasonably implies that he will not perform guardianship well.

3.o The administrator who has been replaced in his or her administrative powers during the course of the proceedings.

4o To whom the statement is attributable as guilty of a contest, unless the guardianship is the sole responsibility of the person.

5.o A person who has a conflict of interest with the person under guardianship.

Article 218.

Guardianship shall be exercised by a single guardian except:

1. Where, because of special circumstances in the person or property of the person under guardianship, it is appropriate to separate the person from the person ' s guardian and the person ' s property, each of whom shall act independently within the scope of his or her jurisdiction, although decisions concerning both persons shall be taken jointly.

2. If a person is appointed as guardian of his or her brother ' s children and it is considered desirable that the spouse of the guardian or the person in a similar relationship of affection also exercise guardianship.

3. Where the parents of the guardian have designated in a will or a notarial public document more than one guardian to exercise joint guardianship.

Article 219.

In the case of paragraph 3 of the preceding article, if the parents have expressly provided for it, it may be decided, when appointing guardians, that they may exercise the powers of guardianship in solidarity.

Failure to act on such appointment and, without prejudice to the provisions of paragraph 1 of the preceding article, the powers of guardianship conferred on several guardians shall be exercised jointly by them, but shall be valid with the agreement of the greatest number. In the absence of such an agreement, the judicial authority, after hearing the guardians and the guardian if he has sufficient maturity, shall decide without further recourse what it deems appropriate. In the event that disagreements are repeated and seriously hamper the exercise of guardianship, the judicial authority may reorganize its functioning and even appoint new guardian.

Article 220.

If the guardians have their jointly assigned powers and there is incompatibility or opposition of interest in any of them for an act or contract, it may be performed by the other guardian or, if there are several, by the others jointly.

Article 221.

In cases where any guardian ceases for any reason, guardianship shall continue with the others unless otherwise expressly provided for in the appointment.

Article 222.

The guardianship of children in distress shall be the responsibility of the public body entrusted with the protection of minors in the respective territory by the Ministry of the Law.

However, the appointment of guardian shall be made in accordance with the ordinary rules where there are natural persons who, by reason of their relations with the minor or other circumstances, may assume guardianship in the interests of the minor.

In the case of the preceding paragraph, prior to the judicial appointment of a guardian, or in the same decision, the suspension or deprivation of parental authority or removal of the guardian, if any, shall be agreed.

They shall be entitled to exercise the actions of deprivation of parental authority, to promote the removal of the guardian and to request the appointment of a guardian for children in distress, the Public Prosecutor ' s Office, the public entity and those called upon to exercise guardianship.

Article 223.

The causes and procedures for the removal and excuse of guardianship shall be the same as those established for the curatorship.

The judicial authority may order removal at the request of the minor if he or she is sufficiently mature. In any event, his opinion will be taken into account and he will be heard if he is over twelve years of age.

Once the removal has been declared, a new guardian shall be appointed in the manner set out in this Code.

Section 3.a. The exercise of guardianship

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 224.

The rules of guardianship shall apply to guardianship, as a substitute.

Article 225.

The guardian is the representative of the minor, except for those acts that the minor may perform alone or for which he or she only needs assistance.

Article 226.

The guardian is prohibited from:

1. To receive the liberalities of the guardian or his successors, until his administration has been definitively approved.

2. To represent the guardian when in the same act he intervenes on behalf of himself or a third party and there is a conflict of interest.

3. To acquire by title onerous property of the protected person or to transmit for his part goods of equal title.

Article 227.

Guardians shall exercise their duties in the interests of the child, in accordance with his/her personality and with respect for his/her rights.

Where necessary for the exercise of guardianship, they may seek the assistance of the authority.

Article 228.

The guardian is obliged to ensure guardianship and, in particular:

1. To watch over him and to obtain him food.

2. To educate the child and provide him with comprehensive training.

3. To promote their better insertion into society.

4. To administer the minor ' s estate with due diligence.

5. To report annually to the judicial authority on the situation of the minor and to report annually to the juvenile administration.

6. To hear the child before making decisions affecting him or her.

Article 229.

The guardian has the right to pay, provided that the minor's assets permit, as well as the reimbursement of the expenses justified, amounts to be paid from that estate.

Unless the parents have established otherwise, and without prejudice to the possibility that these provisions may be amended by the judicial authority if it deems it appropriate for the interests of the child, it is for the judicial authority to determine the amount and manner in which it is to be collected, taking into account the work to be performed and the value and profitability of the property.

It may also be established that the guardian shall bear the fruits of the estate of the guardian in exchange for the maintenance, if the parents so provide. The judicial authority may terminate this provision or establish it even if the parents have not provided for it, if it deems it appropriate in the interests of the child.

Article 230.

A person who, in the exercise of a guardianship function, suffers damages, without his fault, shall be entitled to compensation for them from the assets of the guardian, if he is otherwise unable to obtain compensation.

Section 4.a Expiration of guardianship and final accountability

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 231.

Guardianship is extinguished:

1. For the age of majority, emancipation or granting of the benefit of the age of majority to the child.

2. For the adoption of the child.

3. Death or declaration of death of the minor.

4. When, having been caused by deprivation or suspension of parental authority, the holder of parental authority recovers it, or when the cause that prevented the holder of parental authority from exercising it in fact disappears.

Article 232.

The guardian, without prejudice to the obligation of annual accountability, shall, upon termination of his or her duties, submit to the judicial authority the justified general account of his or her administration within three months, which may be extended for as long as is necessary if he or she has a fair cause.

The action to demand the surrender of this account prescribes five years from the end of the period set for it.

Before deciding on the approval of the account, the judicial authority shall also hear, where appropriate, the new guardian and the person who has been under guardianship or his heirs.

The judicial approval of the accounts shall not prevent the exercise of actions that may assist the guardian and the minor or his successors on the basis of guardianship.

Article 233.

The necessary costs of accountability shall be borne by the estate of the person under guardianship.

The balance of the general account shall be in the legal interest, in favour of or against the guardian. If the balance is in favour of the guardian, the legal interest shall accrue from the request for payment, after restitution of the property to the owner. If it is against the guardian, the legal interest shall accrue after the expiry of the three months following the approval of the account.

Article 234.

The guardian shall be liable for damages caused to the minor by his fault or negligence.

The action to claim this responsibility prescribes three years from the end of accountability.

CHAPTER II

From the juvenile court defender

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 235.

In the following cases, a juvenile court defender shall be appointed:

1. Where there is a conflict of interest between minors and their legal representatives in any case, except in cases where the law provides for other means of saving the child.

2. Where, for any reason, the guardian does not perform his or her duties, until the determining cause is terminated or another person is appointed.

3. Where the emancipated minor requires the capacity supplement provided for in articles 247 and 248 and to whom it is appropriate to lend it, he cannot do so or there is a conflict of interest with them.

Article 236.

The rules of the Ombudsman for Persons with Disabilities shall apply to the juvenile court defender. The juvenile ' s legal guardian shall exercise his or her duties in the interests of the child, in accordance with his or her personality and with respect for his or her rights.

CHAPTER III

From the custody of the minor

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 237.

1. Where the judicial authority is aware of the existence of a de facto guardian, it may require him or her to report the situation of the minor ' s person and property and his or her actions in relation to them, and may establish such control and surveillance measures as it deems appropriate.

Precautionaryly, until such time as the situation of de facto custody is maintained and until the appropriate protective measure is established, if appropriate, guardianship powers may be granted to the custodians. A temporary placement may also be established, and the caretakers are welcome.

2. The declaration of the situation of neglect of minors shall be made where, in addition to this, the objective budgets for the lack of assistance provided for in Article 172 are provided.

In other cases, the de facto guardian may promote the deprivation or suspension of parental authority, removal of guardianship or appointment of guardian.

Article 238.

The rules governing the de facto custody of persons with disabilities shall apply to the de facto custody of the child, as a substitute.

TITLE X

Of the oldest age and emancipation

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 239.

Emancipation takes place:

1st For the oldest.

2. By granting those exercising parental authority.

3rd. By judicial concession.

Article 240.

The oldest age begins at the age of eighteen.

For the calculation of the years of majority the full date of birth shall be included.

Article 241.

In order for emancipation to take place by granting those exercising parental authority, the minor is required to be 16 years of age and to consent to it. This emancipation shall be granted by public deed or by appearance before the registrar.

Article 242.

The granting of emancipation must be registered in the Civil Registry, which does not in the meantime produce effects against third parties.

Emancipation granted cannot be revoked.

Article 243.

A child over 16 years of age who, with the consent of the parents, lives independently of the parents, shall be considered emancipated for all purposes. Parents may revoke this consent.

Article 244.

The judicial authority may grant the emancipation of children over the age of sixteen if they request it and after hearing the parents:

(1) When the person exercising parental authority marries or maritally lives with a person other than the other parent.

2. When parents live separately.

3. When any cause seriously hinders the exercise of parental authority is present.