Voluntary Jurisdiction Act

Please note that the references made in this Act to the courts of first instance and investigation, of first instance, of the commercial, of investigation, of violence against women, of the criminal, of minors, of prison supervision, of the administrative, of the social, shall be understood to refer to the sections of the corresponding judicial order of the courts of instance; and the same consideration shall be given to the central courts with regard to the corresponding sections of the Central Court of Instance, as provided for in the first additional provision of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Includes correction of errors published in BOE No. 210 of 2 September 2015. Ref. BOE-A-2015-9524.

FELIPE VI

KING OF SPAIN

To all who see and understand the present.

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

PREAMBLE

I

The incorporation into our legal system of a Voluntary Jurisdiction Act is part of the general process of modernizing the positive system of safeguarding private law that has been initiated more than a decade ago. The 18th final provision of Act 1/2000 of 7 JanuaryIn the case of Civil Procedure, the Government was entrusted with the referral to the Cortes Generales of a draft Law on Voluntary Jurisdiction, a legal provision linked to the construction of an advanced and homologable procedural system that existed in other countries.

The Law on Voluntary Jurisdiction gives greater systematic consistency and rationality to our procedural legal system. In fact, the central location of the Civil Procedure Act In our justice system, as a rule responsible for the complete management of the civil process and for the completion of the entire procedural system, it is difficult to support the maintenance in its articles of some matters that merited differentiated legal treatment, even though their knowledge was in the hands of the civil courts.

Among those matters, voluntary jurisdiction is peacefully accepted. Its regulation within the Civil Procedure ActAs has happened in Spain since 1855, it was rather the result of the collection of our historical law than the result of the application to the legal-processal scope of certain conceptual categories. That is why it is now decided, as in most nations around us, to separate voluntary jurisdiction from common procedural regulation, while maintaining among them the natural relations of speciality and subsidiarity that take place between rules within any complex legal system.

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

II

The Law on Voluntary Jurisdiction is not just justified as an element in a plan to rationalize our civil procedural system. Nor as a simple channel of legislative approval with other nations. The Law on Voluntary Jurisdiction should also be highlighted as a unique contribution to the modernization of a sector of our law that has not received such close attention by the legislator or authors as other areas of judicial activity, but in which interests of great relevance within the personal and patrimonial sphere of people are at stake.

This Act is, in other words, the response to the need for a new, adequate, reasonable and realistic legal order of voluntary jurisdiction. In the previous regulations, it was not difficult to notice the footprint of time, with regulatory defects and outdated rules or without the proper technical rigour. The partial reforms experienced at this time did not prevent the persistence of inconsistent provisions with more modern organizational and procedural institutions, which constituted an obstacle to achieving the expected effectiveness of any legal instrument that should serve as a means of intermediation between citizens and the public authorities.

The Law on Voluntary Jurisdiction draws on the experience of legal operators and the doctrine emanating from the courts and authors to provide citizens with effective and simple means to facilitate the achievement of certain legal effects in a prompt manner and with respect for all the rights and interests involved.

III

The interests of the citizen are at the heart of the objectives of this Act. The articles set out simple, effective and appropriate instruments to which they apply, in the event that they require the intervention of the courts through any of the acts of voluntary jurisdiction.

This argument alone would justify the origin of any legal reform affecting the justice system and its organs, since the activities of these bodies, like any public work in which the existence or effectiveness of subjective rights is at stake, must be suitable to achieve the desired effect by means that do not generate dissatisfaction or frustration among the interested parties. Hence, the Voluntary Jurisdiction Act provides citizens with a systematic, orderly and comprehensive legal regulation of the various cases contained therein, updating and simplifying the rules relating to their processing, seeking to choose the least costly and fastest way, from the utmost respect for guarantees and legal certainty, and taking special care in the proper management of their acts and institutions.

In this way, it is necessary to regulate cases of voluntary jurisdiction so that the citizen is protected by the degree of effectiveness demanded by an increasingly aware society of its rights and increasingly demanding with its public bodies. Sometimes the above objective is achieved by merely updating the proceedings that make up a particular file. In others, this objective is sought from the simplification, conjunction and harmonization of its precepts with others integrated into procedural or substantive rules. Particular attention is being paid to adapting the regulation of voluntary jurisdiction cases to the principles, precepts and general rules contained in the Civil Procedure Act, trying to avoid problems of interpretation and responding to some legal gaps and aporias.

This Act has been drafted at the same time as other reforms, affecting the same rules, such as the laws amending the system of protection of children and adolescents, which will give new regulation, among other issues, to the care and adoption of minors. This requires coordination of the content of these laws.

It also seeks to adapt to the United Nations Convention on the Rights of Persons with Disabilities, done in New York on 13 December 2006, which affects the new terminology, in which the use of terms of incapacity or disability is abandoned, and replaced by the reference to persons whose capacity is judicially modified.

IV

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

Voluntary jurisdiction is linked to the existence of situations in which limitations on the autonomy of will are justified in the field of private law, which prevent a certain legal effect from being obtained where the significance of the matter concerned, the nature of the interest involved or its impact on the status of the interested or affected persons so warrant. Or, with the impossibility of having the help of the individual wills necessary to constitute or give effect to a certain right.

The virtuality of such effects requires the action of the judge, in view of the authority that the holder of the jurisdictional power deserves as a final interpreter of the law, impartial, independent and essentially disinterested in the cases before it. Circumstance that makes them particularly fit for work in which the field of the rights of subjects is at stake.

It is constitutionally permissible, however, that, on grounds of political opportunity or practical utility, the law entrusts to other public bodies, other than the courts, the protection of certain rights which have hitherto been incardinated in the sphere of voluntary jurisdiction and which do not directly affect fundamental rights or involve the interests of minors or persons who should be specially protected, and this has been done in this Act.

V

Precisely on the basis of the experience of applying our system of voluntary jurisdiction, and from the weighting of the reality of our society and of the different instruments in it existing for the performance of rights, there is no new debate as to whether it would be appropriate to maintain in this field the exclusivity of the courts of justice – and, within them, of the legal personnel – or whether it would be preferable to entrust their knowledge to other organs and public officials.

Seeking an appropriate response to the above questions, the Law on Voluntary Jurisdiction, in accordance with the experience of other countries, but also in response to our specific needs, and in the search for the optimization of available public resources, chooses to attribute the knowledge of a significant number of matters traditionally included under the heading of voluntary jurisdiction to legal operators not vested with jurisdictional power, such as judicial secretaries, notaries and registrars of property and merchants, sharing generally the competence for their knowledge. These professionals, who combine the status of jurists and holders of the public faith, have ample capacity to act, with full effectiveness and without diminished guarantees, in some of the acts of voluntary jurisdiction entrusted to the Judges so far. While the maximum guarantee of citizenship rights is given by the intervention of a judge, the dejudicialization of certain cases of voluntary jurisdiction without jurisdictional content, in which administrative elements predominate, does not jeopardize the fulfilment of the essential guarantees of protection of the rights and interests concerned.

The legal solution given is in accordance with the postulates our Magna Carta and, in addition, timely in response to different factors. The prestige acquired over the years by these bodies of civil servants among the citizens is an element that helps to clear any unknown about their ability to intervene in the administrative protection of certain private rights, as main protagonists who are in our system of public faith and guarantors of legal security, not forgetting the fact that many of the acts of voluntary jurisdiction aim to obtain the certainty about the state or manner of being of certain businesses, situations or legal relations that these professionals are in excellent condition to appreciate them properly.

In addition to the above, the consideration of the personal and material organizational resources currently made available to them, as well as the high degree of modernization and specialization achieved today by the public administration, professionalized and governed by the principles of objectivity, effectiveness and interdiction of arbitrariness, and subject to the law and law by constitutional mandate, also justify the commitment to the dejudicialization of certain matters that were hitherto attributed to judges and magistrates. The latter emphasizes that some of the reasons that historically justified the attribution of voluntary jurisdiction to judges have now become obsolete, since, together with them, advanced societies now have other viable options for the realization of private rights, when this requires the intervention or mediation of public bodies.

VI

From the separation of certain cases from the jurisdiction of judges and magistrates, benefits can therefore only be expected for all subjects involved in voluntary jurisdiction: for the citizen, insofar as this must result, when it requires the State to act for the performance of a particular right, in the greater effectiveness of his rights without loss of guarantees; for judicial secretaries, notaries and registrars of property and merchants, in the new dimension given to them as public servants, consistent with their real technical qualifications and the relevant role they play in legal traffic; and, ultimately, for judges and magistrates, who may focus their efforts on the fulfilment of the essential mission of the Constitution entrusts them, as sole holders of judicial authority and ultimate guarantors of the rights of persons.

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

The purpose of the initial plan was to assign each subject matter to that legal operator who, because of his physical proximity or because of ensuring a prompt response to the citizen, was advisable to take charge of his knowledge; or to the one who, by virtue of the nature of the interest or the right at stake, was constitutionally required to deal with the matter.

Finally, however, it has been generally chosen to alternate between different professionals in certain specific subjects that are removed from the judicial authority. Competences shared between judicial secretaries, notaries or registrars are established, which is possible because they are public officials and the functions they perform: judicial secretaries and notaries are holders of the public judicial or extrajudicial faith, and registrars have a direct and specialized knowledge in the field of property and commercial law, in particular in companies.

The right of citizens to seek access to various professionals in matters traditionally reserved for the judiciary can only be interpreted as extending the means available to them under this Act to guarantee their rights. It is a guarantee for the citizen, who sees the attention given to him optimized, by being able to assess the different possibilities offered to him to choose one that is more in keeping with his interests. No aspect of citizens will be harmed because they can turn to the court clerk or the court clerk, using the means available to them by the administration of justice, or the notary or registrar, in which case they must pay the corresponding tariffs.

The reform provides, with a precautionary approach given the origin of these judicial files, for certain limits to the principle of free choice of the Notary by the applicant, by establishing criteria of territorial competence that have a reasonable connection with the personal or real elements of the file. However, progress is being made towards making the rules of jurisdiction more flexible than those currently in force in the judicial sphere.

VII

With regard to the files kept within the administration of justice, the criterion followed by the Law on Voluntary Jurisdiction is to grant impetus and management of the files to the judicial secretaries, and the judge or the judicial secretary himself, as the case may be, shall be assigned the substantive decision on those and other decisions expressly indicated by this Law. The decision of substance is reserved to the Judge in those cases which affect the public interest or the civil status of persons, those which require a specific activity of protection of substantive rules, those which can provide for acts of disposition or recognition, creation or extinction of subjective rights or when the rights of minors or persons with judicially modified capacity are at stake, in the new terminology to which reference has already been made. Thus, the judge is responsible for deciding, as a general rule, cases of voluntary jurisdiction in matters of persons and family, and also some of the cases in commercial matters and in the law of obligations and succession that are not entrusted to judicial secretaries, notaries or registrars.

VIII

As noted above, judicial registrars assume a role commensurate with the procedural functions assigned to them after the entry into force of the Convention. Act No. 13/2009 of 3 November 2009reform of the procedural legislation for the establishment of the new Judicial Office. This is how the forecast contained in the Article 456 of the Organic Law on the Judiciary, which gives jurisdiction to the judicial secretary in matters of voluntary jurisdiction when provided for in the procedural laws, which responds to the recommendation contained in different official documents (the 1986 Council of Europe Recommendation, the White Paper on Justice, prepared within the General Council of the Judiciary in 1997, or the State Covenant for the Reform of Justice, signed by the main parliamentary groups on 28 May 2001). This legal capacity, however, must be made compatible with the important functions of procedural management of civil proceedings and with the head of the judicial office that also has responsibility for them. Accordingly, efforts have been made to ensure that judicial registrars are not empowered to exercise voluntary jurisdiction at the expense of harming the exercise of other important missions that are legally incumbent on them, taking special care to take charge of the decision of the files where they can best and most effectively serve the interests of citizens.

First, the court registrar is responsible for progressing voluntary-jurisdiction proceedings as part of procedural management and issuing the necessary interlocutory decisions. In performing this task, the registrar has the statutory possibility expressly provided for in Article 438.3 and 5 of the Organization of the Judiciary Actto use common services of judicial offices.

In addition, the Judicial Secretary will be responsible for deciding on certain cases in which it is intended to obtain a reliable record of the way in which a particular right or legal situation is to be established, and provided that it does not imply recognition of subjective rights: these conditions are met by the appointment of a judicial defender or by the declaration of absence and death – among the cases concerning persons.

Notaries and Registrars of Property and Mercantile are entrusted with the knowledge of those subjects where their degree of preparation and technical experience favor the realization of rights and the obtaining of the most prompt response for the citizen. Their participation as responsible public body, in the case of Notaries, takes place in most of the acts of testamentary succession, such as the declaration of heirs abintestate or the adveration and protocolization of the wills, but also making the offer of payment or admitting deposits and proceeding to the sale of the assets deposited.

Since the judicial and notary secretaries are holders of the public judicial or extrajudicial faith, they are jointly assigned to the processing and resolution of certain succession files, the appropriation of pecuniary debts and also voluntary auctions.

There is also competition in the commercial sphere. The intervention of the Mercantile Registrar, together with the Judicial Secretary, is justified by the material speciality of these files where it assumes an important role.

Of course, in all cases where concurrent competition is established between several legal operators, initiated or definitively resolved an action by one of them, it will not be possible to initiate or continue another case with the same purpose before another.

However, to the extent that this Law of Voluntary Jurisdiction disclaims and entrusts notaries and registrars of property and merchants with certain cases in exclusivity, it is provided that citizens who have to resort to them can obtain the right of free justice, in order to avoid situations of impossibility of exercising a right, which has so far been free, for lack of means.

IX

Further consideration should be given to the position of this Act within the system of protection of private law and to its internal structure. As part of this aforementioned plan for the rationalization and modernization of the legal system, the Voluntary Jurisdiction Act operates as a general rule in its specific area of regulation. This ensures the completeness of the system, as well as the existence of a rule applicable in any case, avoiding the production of gaps.

The Law on Voluntary Jurisdiction contains common rules for the processing of cases of this nature regulated by the laws, the knowledge of which is attributed to the judge or the judicial secretary, thus giving internal consistency to their articulation. This gives a similar encodering vocation to which it was entitled, ‘mutatis mutatis mutandis’ at the time, Law 1/2000 of 7 Januaryin relation to the so-called contentious jurisdiction. Reasonably, also, those acts that, with the new regulation, fall outside the jurisdiction of the courts of justice are regulated outside the scope of this Law, in other rules within the legal system that are redrafted in its final provisions.

With regard to its general features, the Voluntary Jurisdiction Act is based on the regulation of a number of common rules, concerning their scope, procedural budgets of the judicial body and the parties, and the processing of the case file. These rules give form to a general procedure of voluntary jurisdiction, of subsidiary application to each of the files in what is not specifically established by each of the particular regulations.

In order to avoid duplication in the regulation of certain matters, the Act sometimes refers to civil or commercial legislation where it regulates a particular case file. This is a solution that is fully respectful of the reality of our legal system, since the organisation of certain private law institutions makes explicit the essential features of the procedure in order to obtain the specific legal effect to which it refers. This solution is less disturbing than others, considering that the opposite – which would be to transfer all these norms from substantive law to this Law – would mean leaving numerous precepts of the law empty. Civil Code or other rules of our legal system. Prudence, which must always preside over any legal reform, requires the option of maintaining some of these rules at its current headquarters, without prejudice to the fact that in the future legislative policy reasons they can advise other possible solutions.

X

The distribution of acts of voluntary jurisdiction among different legal operators is also reflected in the structure of this Act. For reasons of legislative system, the criterion is to draw from its articles the regulation of all those cases which are kept outside the administration of justice, with the consequence that only acts within the jurisdiction of the judge or the judicial secretary will be regulated.

For its part, the files entrusted to Notaries and Registrars are regulated respectively in the notarial and mortgage laws. To this end, the final provisions of this Act introduce the corresponding amendments to the Notary Act of 28 May 1862 to incorporate the procedural processing of the files entrusted to them. The Consolidated Text of the Mortgage Act (adopted by the Decree of 8 February 1946) is not amended by this Law, except as regards article 14 as explained below, but by the rules for the implementation of the report of the Commission for the Reform of Public Administrations, approved by the Council of Ministers of 21 June 2013, taking into account, in this case, the importance of the unchangeable coordination between the Cadastre and the Registry and the establishment of the regulation of a two-way communication system between the two institutions.

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

In its Preliminary Title, under the heading “General provisions”, rules are contained on its scope, objective competence, legitimation and application, intervention by the Public Prosecutor’s Office, and the general criterion on the practice of proof, among other relevant forecasts. The Act defines its scope on a purely formal basis, without doctrinarism, on the understanding that it will apply only to cases of voluntary jurisdiction which, being legally provided, require the intervention of a court in civil and commercial law, without there being any dispute to be settled in a contentious proceeding, a formula which facilitates the determination of that area. Objective jurisdiction is generally attributed to the courts of first instance or the commercial courts, where appropriate, but the designation of the subject to whom the decision is to be made within the body is determined by the specific rules of each case.

As regards the application and defence, the Act does not establish a general criterion, leaving the mandatory nature of the intervention of a lawyer and a prosecutor in each specific case. It also emphasizes the incorporation of a general rule regulating the effects of the application of a voluntary jurisdiction file, which prevents the simultaneous or successive processing of two or more files with the same purpose, with preference given to the first file that has been initiated. At the same time, the decision of the file is denied impermissible effectiveness in the subsequent judicial proceedings which are brought for the same purpose, and, in an equivalent manner, if a dossier of voluntary jurisdiction is established in respect of the same subject matter for which there is an application, the file shall be closed.

In terms of its economic effects, the costs incurred by a file of voluntary jurisdiction shall be borne by the applicant, unless otherwise provided by law. It is reasonable to rule out the transposition into this field of the general objective criterion or the expiry of the civil proceedings since, by the nature of these types of petitions, the existence of winners or overcomers in the case cannot be understood.

The two Chapters that make up Title I regulate, respectively, the rules of private international law of the Law (which establish the general criterion of international competence to hear cases, the reference to the rules of conflict of private international law, as well as specific rules for the recognition and effectiveness in Spain of acts of voluntary jurisdiction agreed by foreign authorities), and the general procedural rules, applicable to all the files of this Law as not established by its specific rules. In this connection, the case is regulated by taking a dynamic view, from its initiation to its decision, including rules on the cumulation of cases, the procedural treatment of jurisdiction, the admission of applications and the situation of the persons concerned, the holding of oral hearings, the decision of the case and the appeals procedure, the latter subject in which the Act refers to the provisions of the Act as a general rule, by the provisions of the Convention on the Protection of the Rights of the Child, and by the provisions of the Convention on the Rights of the Child on the Protection of the Rights of the Child on the protection of the rights of the child and on the protection of the child, and by the Convention on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Child on the Rights of the Rights of the Child on the Rights of the Rights of the Child on the Rights of the Rights of the Child on the Rights of the Rights of the Rights of the Rights of the Child, on the Rights of the Rights of the Rights of the Child on the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Child on the Child, on the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Child on the Child on the Child, the Rights of the Child, the Child, the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Child on the Rights of the Rights of the Rights of the Child on the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Child on the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Civil Procedure Act. The point to be noted is that, unless expressly provided for in the Act, the formulation of opposition by any of the parties concerned will not dispute the case, nor will it prevent its continuation until it is resolved. The Act provides that opposition to removal of guardianship or adoption makes the procedure contentious.

Title II regulates cases of voluntary jurisdiction in matters relating to persons: specifically, those ordered to obtain judicial authorization for the recognition of non-marital filiation, those entitled to appear in court and the appointment of a judicial defender - these two are attributed to the judicial secretary - as well as adoption and matters relating to guardianship, wardship and de facto custody. This title also includes cases of judicial granting of emancipation and the benefit of majority, the adoption of measures to protect the property of persons with disabilities or the obtaining of judicial approval of consent to legitimate interferences in the right to honour, privacy or self-image of minors or persons with judicially modified capacity. The same Title also regulates the obtaining of authorization or judicial approval to carry out acts of disposition, lien or others that relate to the property or rights of minors or persons with judicially modified capacity, and, finally, the procedure for the verification of the consent of the donor free and conscious consent and other requirements for the removal and transplantation of organs of a living donor, in accordance with applicable domestic and international law. The placement of minors is regulated separately in anticipation of a future de-judicialization of the procedure.

The current legal system of declaration of death has been amended in order to provide for a collective and immediate dossier for all those persons with respect to whom it is established that they were on board a ship or aircraft whose casualty has been verified, in an attempt to better solve the problems and incidents that occur to relatives of residents of Spain who anywhere in the world are involved in a disaster from which the absolute certainty of their death can be considered. Legitimacy is granted only to the Public Prosecutor's Office, given the speciality of the case, and a different competition regime is established depending on the event occurring in Spain or abroad.

Title III contains the files of voluntary jurisdiction in family matters and, within them, the exemption from the prohibition of the previous spouse's intentional death, which was previously the responsibility of the Minister of Justice, and of the family to enter into marriage, the exemption from judicial intervention in connection with the adoption of specific measures in the case of disagreement in the exercise of parental authority or in the case of inadequate exercise of the custody or administration of the property of the minor or person with disabilities with measures to support the exercise of his or her legal capacity and also a file for cases of marital disagreement and the administration of joint property. The age of marriage has also been eliminated by raising it from 14 to 16 years, in accordance with the proposal made by the Ministries of Justice and Health, Social Services and Equality.

Title IV regulates cases of voluntary jurisdiction attributed to the courts in matters of inheritance law: on the one hand, those reserved to the judicial sphere, such as the accountability of the executor, authorizations of acts of disposition to the executor or the authorization or approval of acceptance or repudiation of the inheritance in cases determined by law; and on the other, those that will be the responsibility of the judicial secretary with competence shared with the Notaries, such as the resignation or extension of the office of an executor or an estate partitioner, the appointment of the latter and the approval of the partition of the inheritance made by the accounting officer-party. The other succession law files are taken over, as we have seen, by the Notaries.

Title V provides for cases relating to the right of obligations, in particular for the fixing of the time limit for the fulfilment of the obligations where appropriate, to be heard by the judge, and for the judicial appointment by the judicial registrar.

Title VI refers to cases of voluntary jurisdiction relating to real rights, constituted by the judicial authorization of the usufruct to claim expired claims that form part of the usufruct, and by the file of the slinching of estates that were not registered in the Register of Property that will be carried out by the judicial secretary.

Title VII includes the regulation of voluntary auctions, to be conducted by the judicial secretary electronically.

Title VIII incorporates the commercial records attributed to the Commercial Judges: the display of books by those obliged to keep accounts and judicial dissolution of companies. Together with them are regulated those that are attributed to the Judicial Secretaries, whose knowledge they will share with the Mercantile Registrars, such as the convening of the general meetings or of the General Assembly of Obligationists, the reduction of share capital, amortization or alienation of the shares or shares, or the appointment of liquidator, auditor or financial controller. It also includes records of theft, theft, loss or destruction of title value or representation of partner parts and the appointment of expert in insurance contracts, the competence of which is also attributed to Notaries.

Finally, Title IX contains the legal regime of the act of conciliation in a complete way, transferring and updating to this Law what has been established so far in the previous law. Civil Procedure Actwithout prejudice to the fact that, in the exercise of their autonomy of the will, persons have the possibility to obtain agreements in those matters of their interest of a available nature, through other channels, by their actions alone or through the intervention of other intermediaries or legal operators, such as Notaries or Registrars.

XI

In conclusion, together with the general derogation provision and the additional provisions on the amendments and regulatory developments required by this Act, the relevant amendments to the Act are incorporated into final provisions. Civil Code, Commercial Code, of Civil Procedure Actthe Civil Registration Act, the Notary Act, the Mortgage Act, the Law on Mortgages and non-displaced possession of property, in addition to the necessary amendment of the Law on the Heritage of Public Administrations, the Law on the Insurance Contract, the Capital Corporations Actthe Law on the Property Protection of Persons with Disabilities and the Law regulating certain fees in the area of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

The modification of the Civil Code The purpose of this Act is to adapt many of its provisions to the new provisions contained in this Act, while at the same time introducing amendments affecting the determination of the concurring of the requirements for marriage and its conclusion, as well as the regulation of the separation or divorce by mutual agreement of spouses without minor children outside the judicial sphere, assigning to the judicial secretary and notary the functions that have hitherto been the responsibility of the judge and which also entail a reform of the legal system. Law 20/2011 of 21 July 2011of the Civil Registry, the Civil Procedure Act and the Notary Act.

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

It is also very important that the new regulation on the act or record prior to the marriage is adopted by the Civil Codeby entrusting the proceedings to the judicial secretary, notary, the registrar or the consular or diplomatic officer in charge of the civil registry abroad, at the same time that the celebration of the civil registry may take place before the judicial secretary, notary, diplomatic or consular officer, justice of the peace and mayor or councillor to whom he delegates. All this is also part of the process of diversifying the personal elements to which the authorization of certain acts is given effect, which allows the administration of justice to concentrate on the fundamental work of the Constitution He assigns them to judge and execute the judgment.

Changes in marriage also entail adjustments to the Law 24/1992 of 10 November 1992approving the Agreement on State Cooperation with the Federation of Evangelical Religious Entities of Spain, Law 25/1992 of 10 November 1992approving the State Cooperation Agreement with the Federation of Israeli Communities of Spain and the Act No. 26/1992 of 10 November 1992approving the State Cooperation Agreement with the Islamic Commission of Spain. In addition, in relation to the Law 25/1992 of 10 November 1992the request directed by this Federation is met that its name be changed to that of the Federation of Jewish Communities of Spain.

In view of the religious pluralism existing in Spanish society, and bearing in mind that they have been recognized today with the declaration of notorious root, it is envisaged in the Civil Code These groups have the right to enter into religious marriage with civil effects, equaling other confessions that already enjoyed this reality.

The Notary Act provides for the reforms resulting from the new powers granted to the Notary, while emphasizing the provision for notarized claims of non-contradictory monetary debts, which allow for the acquisition of a voluntary payment letter or the formation by means of a file of an extrajudicial executive title to which the debtor may oppose, in judicial proceedings, not only payment but all the cases set out in article 557 of the Act. Civil Procedure Act. It is not a temporary or small procedure but rather the technique of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 Aprilestablishing a European Enforcement Order for uncontested claims, excluding claims involving a consumer or user of services, or claims arising from the Horizontal Property Act for the specialities involved in them, as well as those which are not available on account of their subject matter. It is considered that this new avenue for the claim of expired and unpaid liquid amounts can contribute significantly to a significant decrease in the volume of cases that it enters annually in the courts, as it is constituted as an alternative to the claim of debts through the courts.

The reforms of the Civil Code and the Law on Notaries arising from the changes that in the matter of successions and, in particular, in the matter of inheritance titles, have also led to amendments to the Law on the Heritage of Public Administrations. In this case, in order to grant the Public Administration the power to declare heir abintestat, in favour of the General Administration of the State, the Autonomous Communities or other bodies, a matter that is also dejudicialized, the traditional distribution of hereditary inheritance in three parts being abolished and one of them being admitted to the public treasury and the other two to social assistance. This also justifies the reform of the Article 14 of the Mortgage Act in order to recognize as a title of hereditary succession, for the purposes of the Register, together with the will and the successor contract, the act of notoriety for the declaration of heirs abintestato, the administrative declaration of heir abintestato in favour of the State or of the Autonomous Communities and the European succession certificate.

XII

The amendment of the Civil Procedure Act It also serves to update the procedure for the return of minors in cases of international abduction, in order to ensure better protection of the child and his/her rights. This reform reviews the legislative option of keeping this matter within the scope of voluntary jurisdiction and outside the scope of family litigation, as these processes have little to do with the rules on voluntary jurisdiction. This is why its regulation is now treated as a special process and with its own substantialness, following the matrimonial and juvenile processes in the Civil Procedure Act. The reform also modernises this procedure, which introduces substantial improvements, including precautionary measures and direct communications between judicial authorities.

This reform seeks to achieve a greater concentration of jurisdiction, giving jurisdiction to the Magistrates Court with jurisdiction in family law in the capital of the province in whose constituency the minor who has been the subject of an illicit transfer or retention is located and, if there is not one, to whom it is allocated. This promotes specialization in solving problems arising in relation to these cases and, consequently, the quality and effectiveness of the judicial response.

XIII

Finally, with regard to the current system of succession to titles of nobility, paragraph 3 of the the single transitional provision of Law 33/2006 of 30 October 2006on equality of men and women in the order of succession of titles of nobility. This provision provides for a transitional period during which the provisions laid down in that provision are applied retroactively in respect of administrative or judicial cases pending resolution on the date of the entry into force of the Act. In order to strengthen the principle of legal certainty, without altering the original intention of the legislator, and in line with paragraphs 1 and 4 of the single transitional provision, it is considered necessary to amend the wording of paragraph 3 of that provision in order to clarify that the retroactivity provided for by law relates only to cases pending on 27 July 2005 and to cases promoted after that date but, in any event, before 20 November 2006, the date on which the law entered into force under the second final provision.

The adoption and validity of the Law on Voluntary Jurisdiction must have as a necessary consequence the almost definitive repeal of the Civil Procedure Act of 1881, which has remained in force for all these years with regard to voluntary jurisdiction and acts of conciliation.

PRELIMINARY TITLE

General provisions

Article 1. Subject matter and scope.

1. The purpose of this Act is to regulate cases of voluntary jurisdiction before the courts.

2. Cases of voluntary jurisdiction for the purposes of this Law are considered to be all those that require the intervention of a court for the protection of rights and interests in civil and commercial law, without there being any dispute that must be settled in a contentious proceeding.

Article 2. Competence in voluntary jurisdiction.

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

2. In cases of voluntary jurisdiction, territorial jurisdiction shall be determined by the corresponding rule in each case, without modification by express or tacit submission.

3. The judicial secretaries shall be responsible for the conduct and management of the case files, and the judge or the judicial secretary shall, as the case may be, be responsible for the substantive decision taken on those and other decisions expressly indicated by this Act.

Where no such person is expressly competent, the judge shall decide on cases affecting the public interest, the civil status of persons, those requiring the protection of substantive rules or capable of providing, recognizing, creating or extinguishing subjective rights, as well as when they affect the rights of minors or persons with disabilities with measures to support the exercise of their legal capacity. The remaining files will be resolved by the Judicial Registrar.

Article 3. Legitimation and application.

1. They may promote files of voluntary jurisdiction and intervene in them by persons who have legitimate rights or interests or whose legal standing is legally conferred on them in the matter that constitutes their object, without prejudice to cases in which the file may be initiated ex officio or at the request of the Public Prosecutor.

2. Applicants and interested parties must act as counsel and represented by the Procurator in those cases in which this Act provides for it. However, even if it is not required by law, parties who so wish may act assisted or represented by a lawyer and a prosecutor, respectively.

In any event, the actions of a lawyer and a prosecutor shall be necessary for the filing of appeals for review and appeal, which in their case may be brought against the final decision made in the case file, as well as from the moment when the opposition was made.

Article 4. Intervention by the Public Prosecutor ' s Office.

The Public Prosecutor ' s Office shall intervene in cases of voluntary jurisdiction where they affect the marital status or status of the person or if the interest of a minor or a person with disabilities is committed with measures to support the exercise of his or her legal capacity, and in other cases where the law expressly so declares.

Article 5. Prueba.

The judge or the judicial secretary, depending on who is competent to hear the case file, shall decide on the admission of the evidence proposed to him, and may order evidence ex officio in cases where there is a public interest, affect minors or persons with disabilities with measures of support for the exercise of their legal capacity, deem it appropriate to clarify any relevant and determining element of the matter or expressly provide for it by law.

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

1. When two or more files are processed simultaneously for the same purpose, the processing of the first file shall continue and the files subsequently initiated shall be disposed of.

The legal regime referred to in this paragraph for cases of voluntary jurisdiction shall also apply to cases handled by Notaries and Registrars in matters in which jurisdiction is conferred on them concurrently with that of the Judicial Registrar.

2. A file of voluntary jurisdiction concerning an object being dealt with in court proceedings may not be initiated or continued. Once the application has been submitted, the file shall be filed, and the proceedings shall be referred to the court hearing the case for incorporation into the case.

3. The suspension of the file shall be agreed upon where it is established that there is a contentious court proceeding whose decision may affect it, and the incident shall be dealt with in accordance with Article 43 of the Treaty. Civil Procedure Act.

Article 7. Gastos.

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

The costs incurred by witnesses and experts shall be borne by the proposer.

Article 7 bis. Adjustments for persons with disabilities.

1. In the processes referred to in this Act involving persons with disabilities, adjustments and adjustments shall be made as necessary to ensure their equal participation.

Such adjustments and adjustments shall be made, either at the request of either party or the Public Prosecutor's Office or ex officio by the Court itself, and at all stages and proceedings where necessary, including acts of communication. Adaptations may be related to communication, understanding and interaction with the environment.

2. Persons with disabilities have the right to understand and be understood in any action to be taken. To this end:

(a) All communications with persons with disabilities, oral or written, shall be made in a clear, simple and accessible language, in a manner that takes into account their personal characteristics and needs, using means such as easy reading. If necessary, the communication shall also be made to the person providing support to the person with disabilities for the exercise of his or her legal capacity.

(b) The necessary assistance or support shall be provided to the person with disabilities in order to be understood, including interpretation in legally recognized sign languages and means of support for the oral communication of deaf, hearing impaired and deaf-blind persons.

(c) The participation of an expert professional who, as facilitator, will perform adaptation and adjustment tasks necessary to enable the person with disabilities to understand and understand.

(d) The person with disabilities may be accompanied by a person of his or her choice from the first contact with the authorities and officials.

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

Article 8. Alternate character of the Civil Procedure Act.

The provisions of Civil Procedure Act They shall be applied in addition to the voluntary jurisdiction records in all matters not regulated by this Law.

TITLE I

Common rules for the handling of voluntary cases

CHAPTER I

Private international law rules

Article 9. International competition.

1. The Spanish judicial bodies shall be competent to hear cases of voluntary jurisdiction arising in international cases, when the forums of international competence covered by the Treaties and other international standards in force for Spain are present.

In cases not covered by such treaties and other international rules, competition will be determined by the attendance of the forums of international competition covered by the Convention. Organization of the Judiciary Act.

2. In the event that, under the rules of international jurisdiction, the Spanish judicial bodies were competent in relation to a file of voluntary jurisdiction, but it was not possible to establish the territorially competent jurisdiction in accordance with the criteria of this Law, it shall be the jurisdiction of the place where acts of voluntary jurisdiction should have their main effects or that of their execution.

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

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

Article 11. Registration in public records.

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

(a) After passing the exequatur or incidental recognition procedure in Spain. Until then, they can only be given a preventive note.

(b) By the person responsible for the registration, provided that he or she verifies that the requirements for such registration have been met.

2. If the decision is not final, it shall be pre-emptive.

3. The legal regime provided for in this article for decisions handed down by foreign judicial bodies shall apply to decisions handed down by authorities not belonging to foreign judicial bodies concerning voluntary jurisdiction whose competence falls under this Act to the knowledge of judicial bodies.

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

1. Acts of voluntary jurisdiction agreed by the foreign authorities that are firm shall take effect in Spain and shall have access to the Spanish public registers after having passed their recognition in accordance with the provisions of the legislation in force.

2. The Spanish judicial body or the competent public registry officer shall also grant, incidentally, recognition in Spain of the acts of voluntary jurisdiction agreed upon by the foreign authorities. No prior specific procedure will be necessary.

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

(a) If the act had been agreed upon by a manifestly incompetent foreign authority. The foreign authority shall be deemed to be competent if the case has well-founded links with the foreign State whose authorities have granted such an act. In any event, the foreign authorities shall be considered to be manifestly incompetent when the case concerns a matter whose exclusive competence falls within the competence of the Spanish judicial bodies or authorities.

(b) If the act has been agreed in flagrant violation of the rights of defence of any of those involved.

(c) If the recognition of the act produced effects manifestly contrary to Spanish public policy.

(d) If the recognition of the act involves the violation of a fundamental right or public freedom of our legal system.

CHAPTER II

Rules of procedure

Article 13. Application of the provisions of this Chapter.

The provisions of this Chapter shall apply to all cases of voluntary jurisdiction in so far as they do not conflict with the rules specifically governing the proceedings in question.

Article 14. Initiation of the file.

1. The files shall be initiated ex officio, at the request of the Ministry of Public Prosecutions or on the request of a legitimate person, in which the data and circumstances of identification of the applicant shall be entered, with an indication of a domicile for the purposes of notification. An e-mail address should be included in the cases of persons who are obliged to intervene with the Administration of Justice by electronic means, such voluntary contribution being in the other cases.

It shall then state clearly and precisely what is requested, as well as a statement of the facts and legal bases on which it is based. Documents and opinions deemed by the applicant to be of interest to the file shall also be accompanied, where appropriate.

2. The application shall contain the particulars and circumstances of identification of the persons who may be interested in the file and the address or addresses in which they may be cited or any other information allowing identification of the persons concerned.

3. Where the intervention of a lawyer and a procurator is not required by law, the person concerned shall be provided with a standard form or form to carry out the application through the judicial office or through an electronic office, and in this case the legal basis for the application must not be established.

The application may be submitted by any means, including those provided for in the rules on citizens' electronic access to the Administration of Justice. If paper is to be produced, so many copies must be accompanied by all interested parties.

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 15. Cumulative records.

1. The judge or the judicial secretary, depending on who is competent to hear the case file, shall, on his or her own initiative or at the request of the person concerned or the Public Prosecutor's Office, agree on the cumulation of cases where the decision of one may affect another, or there is such connection between them that it may lead to contradictory decisions.

The cumulation of files cannot be agreed where their resolution corresponds to different subjects.

2. The cumulation of cases under voluntary jurisdiction shall be governed by the provisions of Civil Procedure Act on the accumulation of proceedings in the oral trial, with the following specialities:

(a) If it concerns the backlog of cases pending before the same judicial body, the backlog shall be requested in writing prior to the appearance first indicated, the relevant allegations being made and the case decided upon.

(b) If the files are pending before different judicial bodies, the persons concerned shall request the joinder in writing before the body deemed competent at any time before the appearance. If the requested body does not agree to the cumulation, the discrepancy shall in any event be resolved by the Joint High Court.

3. Cases of voluntary jurisdiction shall not be cumulative to any litigation.

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

1. When the application for the initiation of the file is submitted, the judicial registrar shall examine ex officio whether the rules on objective and territorial jurisdiction are complied with.

2. If the Registrar understands that there is no objective competence to hear the case, he or she may agree to file the case file, after hearing the Prosecutor ' s Office and the applicant, in those files within his or her competence. In another case, he shall inform the judge, who shall agree as appropriate, after having heard the Public Prosecutor and the applicant.

The decision acknowledging the lack of competence must indicate the judicial body which considers itself competent to hear the case file.

3. If the Registrar understands that he has no territorial competence to deal with the matter, he may agree to refer the matter to the body he considers competent, after hearing the Public Prosecutor ' s Office and the applicant, in those files within his competence. In another case, he shall report to the judge, who shall agree on the matter, after having heard the Public Prosecutor and the applicant.

4. The Registrar shall also examine any defects or omissions in the applications submitted and shall, if appropriate, give a period of five days to proceed with their correction. If the application is not made within the time limit set, it shall not submit the application and shall file the proceedings in those files which fall within its competence. In another case, the judge shall be informed, who shall agree as appropriate.

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

1. The Registrar shall decide on the application and, if he considers that the application is inadmissible, shall issue a decree by filing the file or shall report to the Judge, where the Judge is competent to agree on the matter.

2. If the application is granted, the Registrar shall summon those who are required to intervene in the case file to appear, provided that any of the following circumstances are present:

(a) That, according to the law, they should be heard in the file concerned other than the applicant.

(b) That evidence should be presented to the judge or the judicial registrar.

(c) That the judge or the judicial secretary considers it necessary to hold the appearance for the best resolution of the case.

If only the Prosecutor ' s Office is to be heard and evidence is not required, the Prosecutor shall issue his report in writing within 10 days.

3. The persons concerned shall be summoned to appear at least 15 days before the date of the event, and shall be informed that they shall have recourse to the hearing with the means of proof that they intend to avail themselves of it. The summons will be practiced in the way anticipated in the Civil Procedure Actwith the copy of the resolution, the application and the accompanying documents.

If any of the persons concerned were to object, he should do so within five days of his summons, and the case shall not be contested, nor shall he prevent its further processing until it is resolved, unless expressly provided by law. The letter of opposition shall be transmitted to the requesting party immediately.

Article 18. Celebration of the appearance.

1. The appearance shall take place before the judge or the judicial secretary himself, depending on who has competence to hear the case file, within thirty days of the admission of the application.

2. The appearance shall be carried out in accordance with the procedures laid down in the Civil Procedure Act for the oral trial hearing with the following specialities:

1.a If the applicant does not attend the appearance, the judge or the judicial secretary, depending on who is responsible for the decision of the file, shall agree to the file, having him dismissed. If one of the others is not present, the act shall be held and the file shall continue, without any summons or notifications other than those provided for by law.

2. The judge or the judicial secretary, according to whom the appearance is presided over, shall hear the applicant, the others cited and the persons provided for by law, and may, on his own initiative or at the request of the applicant or the Public Prosecutor ' s Office, if any, agree to the hearing of those whose rights or interests may be affected by the resolution of the file. The intervention of persons with disabilities in terms that are accessible and understandable to them shall be ensured through the necessary means and support.

3.a If procedural questions, including those relating to jurisdiction, which may prevent the proper continuation of the case file, the judge or the judicial registrar shall, after hearing them, decide them orally in the act itself.

4.a Where the case file affects the interests of a minor or a person with disabilities, it shall also be carried out in the same act or, if not possible, within the next 10 days, the proceedings relating to such interests, to be agreed upon ex officio or at the request of the Public Prosecutor ' s Office.

The judicial authority or the Legal Counsel of the Administration of Justice may agree that the hearing of the minor or person with disabilities shall be conducted separately, without interference from other persons, and the Prosecutor ' s Office shall attend. 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.

In any event, the results of the examination shall be drawn up, as recorded by the Legal Counsel of the Administration of Justice, expressing the objective data of the conduct of the hearing, in which it shall reflect the manifestations of the child or adolescent that are essential by significant, and therefore strictly relevant, for the decision of the file, taking care to preserve his privacy. If this occurs after the appearance, the relevant minutes shall be sent to the persons concerned so that they can make representations within five days.

Both the Public Prosecutor's Office in its report and the judicial authority in the decision to terminate the proceedings must give a reasoned assessment of the exploration carried out.

The provisions of the Convention shall apply to the provisions not provided for in this provision. Organic Law 1/1996 of 15 January 1996Protection of Minors, partially amended Civil Code and of the Civil Procedure Act.

5.a At the time of the appearance, once the evidence has been obtained, the parties concerned shall be allowed to make their findings orally.

6.a The performance of the appearance shall be recorded in a suitable medium for the recording and reproduction of the sound and image, in accordance with the provisions of Civil Procedure Act.

Article 19. Decision on the file.

1. The file shall be decided by order or decree, as the jurisdiction of the judge or the judicial registrar may be, within five days of the end of the appearance or, if not, after the last investigation.

2. Where the case file affects the interests of a minor or a person with a disability with support measures for the exercise of his or her legal capacity, the decision may be based on any facts which have been known as a result of the claims of the persons concerned, evidence or the holding of the appearance, even if they have not been invoked by the applicant or by other interested parties.

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

This shall also apply to cases handled by Notaries and Registrars in matters the knowledge of which is concurrent with that of the Judicial Secretaries.

4. The decision of a voluntary jurisdiction file shall not prevent the initiation of a subsequent judicial proceeding for the same purpose as that of the court, and the decision on confirmation, modification or revocation of the agreement in the voluntary jurisdiction file must be delivered.

Article 20. Recursos.

1. An appeal against interlocutory decisions handed down in cases of voluntary jurisdiction may be lodged in accordance with the provisions of Civil Procedure Act. If the contested decision has been agreed upon during the hearing, the appeal shall be heard and decided orally at the same time.

2. Final decisions rendered by the judge in cases of voluntary jurisdiction may be appealed against by any interested party who considers himself injured by it, in accordance with the provisions of Civil Procedure Act. If the decision comes from the court secretary, an appeal for review shall be lodged with the competent judge, as provided for in the Civil Procedure Act.

An appeal shall not have suspensive effect, unless the law expressly provides otherwise.

Article 21. Expiration of the file.

1. The case shall be dismissed if, despite the ex officio promotion of the proceedings, there is no activity promoted by the interested parties within six months of the last notification.

2. It shall be the duty of the Registrar to declare the expiry of the file.

3. Against the decree declaring the expiry of the sentence, only an appeal for review may be lodged.

Article 22. Compliance with and enforcement of the decision terminating the file.

1. The enforcement of the final decision terminating the voluntary jurisdiction file shall be governed by the provisions of the Civil Procedure Actand in particular Articles 521 and 522 thereof, in any event, it is possible to urge immediately the carrying out of such acts as may be necessary in order to give effect to the decision.

2. If any of the files referred to in this Law gives rise to an act or act registered in the Civil Registry, testimony shall be given of the relevant decision for the purpose of registration or notation.

If the decision is registered in the Register of Property, Commercial or other public registry, an order must be issued, at the request of a party, for the purposes of registration. The referral shall be made by electronic means. The qualification of Registrars shall be limited to the competence of the Judge or Judicial Registrar, to the consistency of the mandate with the file in which it was issued, to the extrinsic formalities of the decision and to the obstacles arising from the Register.

TITLE II

From voluntary jurisdiction files on persons

CHAPTER I

Authorization or judicial approval of recognition of non-marital filiation

Article 23. Scope.

1. The provisions of this chapter shall apply in all cases where, under the law, recognition of non-marital filiation requires judicial authorization or approval for its validity.

2. An application shall be made by requesting judicial authorization for the recognition of the non-marital filiation of the minor or of the person with disabilities with measures to support the exercise of his legal capacity by a person who is a brother or consanguine in a straight line of the parent whose filiation is legally determined.

3. Judicial approval shall be sought for the effectiveness of the recognition of the non-marital filiation of a minor or person with disabilities with measures to support the exercise of their legal capacity granted:

(a) By a person who is unable to enter into marriage on the basis of age.

(b) By a person who does not have the express consent of his or her legal representative or the assistance of the guardian of the recognized person or of the legally known parent, provided that he or she has not been recognized in a will or within the time limit set for the registration of the birth.

(c) By the father, when the recognition was made within the time limit set for the registration of the birth and when the birth was suspended at the request of the mother.

4. Judicial approval for the validity of non-marital recognition by a disabled person with measures to support the exercise of his legal capacity will also be called for.

Article 24. Competition, legitimation and application.

1. The Court of First Instance of the domicile of the recognized person or, if he does not have a domicile in the national territory, of his residence in that territory shall have jurisdiction to hear this case. If the recognized person did not have his or her residence in Spain, the domicile or residence of the parent who made the recognition shall be the same.

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

3. In the handling of this case, the intervention of a lawyer or a prosecutor shall not be mandatory.

Article 25. Tramitación.

Admitted to the proceedings, the application shall be submitted by the judicial registrar to the applicant and, as appropriate, to the known parent, the legal representative or curator of the recognized person and to the latter if he or she is sufficiently mature, and in any case if he or she is over 12 years of age, as well as to his or her descendants if he or she has died and has died, and to such persons as may be deemed appropriate, as well as to the Public Prosecutor.

Article 26. Resolución.

1. The judge shall rule on the recognition in question, taking into account the discernment of the parent, the veracity or authenticity of his or her act, the likelihood of the procreation relationship, without the need for full proof thereof, and the interest of the recognized person when he or she is a minor or a person with disabilities with measures to support the exercise of his or her legal capacity.

2. In the case of the recognition of a minor or a person with disabilities with measures to support the exercise of his legal capacity by a person who is a brother or relative of the other parent in a straight line, the judge shall authorize the determination of filiation only if it is in the interest of the minor or the person with a disability with measures to support the exercise of his legal capacity. The Judge shall invalidate that determination if a public document stating the statement of the recognised person in question is presented after full capacity has been obtained.

3. The testimony of such a decision shall be sent to the competent civil registry for registration.

CHAPTER I bis

Judicial approval of the amendment of the registration of the sex of persons aged over 12 and under 14

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26 bis. Scope.

The provisions of this Chapter shall apply to seek judicial approval for the modification of the registration of sex by persons over the age of twelve and under the age of fourteen.

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26 ter. Competence, legitimation and application.

1. The Court of First Instance of the domicile of the person whose registration is intended to be rectified or, if he does not have it in the national territory, of his residence in that territory shall have jurisdiction to hear this case.

2. This file may be promoted by persons over the age of 12 and under the age of 14, assisted by their legal representatives. In the event of disagreement between the parents or legal representative, or between themselves or with the minor, a legal counsel shall be appointed in accordance with the provisions of Articles 235 and 236 of the Civil Code.

3. If the file is filed by a minor with a disability, any support measures that may be required must be available to him.

4. In the handling of this file, the intervention of a lawyer or a procurator shall not be mandatory.

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26c. Processing.

1. The file, which will be of preferential processing, will be initiated by application in which the legitimated person expresses his or her disagreement with the sex mentioned in his or her birth registration and requests judicial authorization to make the corresponding rectification of the mention of sex and, where appropriate, the name appearing in the registration.

2. The application shall be accompanied by any documentary or testimony evidence that the person making the application has maintained the non-compliance referred to in the preceding paragraph on a stable basis.

If the application is granted, the judge shall summon the applicant and, where appropriate, his or her legal representatives, any other persons he or she deems appropriate, as well as the Public Prosecutor ' s Office.

3. The judge may request the use of such evidence as he considers necessary to demonstrate the child's necessary maturity and the stability of his willingness to rectify the mention of his sex by registration, shall take into account at any time the best interests of the minor and shall provide him with information on the legal consequences of the rectification requested and any additional information that may be appropriate, in a clear, accessible and adapted to his needs.

It shall also inform him of the existence of assistance and information measures available to the applicant in the health, social, labour, educational and administrative fields, including measures to protect against discrimination, promote respect for and promote equal treatment. It shall also inform the minor entitled to legal aid of the existence of associations and other organizations for the protection of rights in this area to which he may refer.

4. All persons of legal age, even if they are linked to the applicant by kinship, by consanguinity or affinity to any degree, by adoption, guardianship or similar ties, or by friendship, shall be eligible for witness intervention.

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26d. Resolution.

1. After hearing the minor, the judge shall rule on the granting or refusal of judicial approval, considering in any case the best interests of the minor and having ascertained his or her stable willingness to change the registration and his or her maturity sufficient to understand and evaluate in a reasonable and independent manner the consequences of his or her decision.

The concession may not be conditional on the prior display of medical or psychological report relating to sexual identity, or on the prior modification of the appearance or bodily function of the person through medical, surgical or other procedures.

2. The testimony of such a decision shall be sent to the Civil Registry competent to proceed, where appropriate, with the registration of the judicially approved rectification.

Text added, published on 01/03/2023, in force from 02/03/2023.

CHAPTER I TER

The judicial approval of the new amendment of the sex registration after a reversal of the rectification of the registration

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26 sexies. Scope.

The provisions of this Chapter shall apply to seek judicial approval for the modification of the sex-related registration where a correction of the sex-related registration has already been made in respect of the same person and a reversal of the sex-related registration has been made, in accordance with the second paragraph of Article 47 of the Law for the Real and Effective Equality of Trans Persons and for the Guarantee of the Rights of LGBTI Persons.

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26f. Competence, legitimation and application.

1. The Court of First Instance of the domicile of the person whose registration is intended to be rectified or, if he does not have it in the national territory, of his residence in that territory shall have jurisdiction to hear this case.

2. This file may be promoted by any person who is entitled to request correction of the registration of sex.

3. In the handling of this file, the intervention of a lawyer or a procurator shall not be mandatory.

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26g. Processing.

1. The file, which will be of preferential processing, will begin with the submission of an application in which the person concerned expresses his willingness to reverse the previously produced registration rectification. It must be accompanied by the evidence it wishes to use.

2. If the application is granted, the judge shall summon the applicant and, where appropriate, his legal representatives, such other persons as he deems appropriate, as well as the Public Prosecutor ' s Office.

3. The judge may request the use of any other evidence he deems appropriate.

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 26h. Resolution.

1. The judge shall rule on the granting or refusal of judicial approval, considering in any case, if the applicant is a minor, the best interests of the minor.

2. The testimony of such a decision shall be sent to the Civil Registry competent to proceed, where appropriate, with the registration of the judicially approved rectification.

Text added, published on 01/03/2023, in force from 02/03/2023.

CHAPTER II

The right to stand trial and the appointment of a legal counsel

Article 27. Scope.

1. The provisions of this chapter shall apply in cases where the appointment of a legal guardian for minors or persons with disabilities is in accordance with the law.

2. The provisions of this chapter shall also apply in cases where the appointment and subsequent appointment of legal counsel is appropriate. Enabling shall be required if the unemancipated minor or the person with disabilities, being sued or being strongly affected by the failure to pursue the claim, is found in one of the following cases:

(a) Parents, guardian or person designated to exercise absent support should be found, ignoring their whereabouts, without sufficient rational reason to believe that their return would be forthcoming.

(b) Denial of both parents, guardian or person designated to exercise support to represent or assist the child or person with disabilities in court.

(c) Parents, guardian or person designated to exercise support are found to be in a situation of factual impossibility for representation or assistance in court.

3. Notwithstanding the provisions of the preceding subparagraph, a juvenile or a person with a disability shall be appointed as a legal counsel without the need for prior authorization to litigate against his or her parents, guardian or curator, or to file cases of voluntary jurisdiction, or if he or she is entitled to do so when a procedure for the adoption of support measures for the person with a disability is called for by the Public Prosecutor. The application shall not be made if the other parent or guardian, if any, had no interest contrary to the minor or person with disabilities.

Article 28. Competence, legitimation and application.

1. The Registrar of the Court of First Instance of the domicile or, failing that, of the residence of the child or person with disabilities or, where appropriate, of the Court of First Instance hearing the matter requiring the appointment of a legal counsel shall be competent to hear this case.

2. The file shall be initiated ex officio, at the request of the Public Prosecutor ' s Office, or at the initiative of the minor or person with judicially modified capacity or any other person acting in the interests of the latter.

3. In the handling of this case, the intervention of a lawyer or a prosecutor shall not be mandatory.

Article 29. Effects of the application.

From the moment of application for leave and until the judicial defender has accepted his position or the file is closed by final decision, the duration of the limitation or expiry periods affecting the action in question shall be suspended.

In the event that a minor or a person with a disability is to appear as a defendant or has been left without procedural representation during the proceedings, the Public Prosecutor ' s Office shall assume his or her representation and defence until the appointment of a legal counsel occurs.

Article 30. Appearance and resolution.

1. The judicial registrar shall summon the applicant, the persons concerned who are present in the file, the minor or person with disabilities if they are sufficiently mature and, in any event, the minor if he or she is over 12 years of age and the Public Prosecutor.

2. The decision granting the request shall appoint a judicial counsel, whom the judicial secretary deems to be best suited to the position, with a determination of the powers conferred on him.

3. The evidence of the decision to appoint a legal counsel in the case referred to in Article 27(1)(c) shall be sent to the Civil Registry competent to register the defence counsel.

Article 31. Cessation of the judicial defender and the right to stand trial.

1. The defence counsel shall inform the judicial body of the disappearance of the case that led to his appointment.

2. It shall also inform the judicial body if any of the parents or representatives or curators, if any, lend themselves to being brought to trial by the person concerned, or when the procedure leading to the empowerment is completed.

Article 32. Accountability, excuse and removal of the defence counsel.

The arrangements for the formation of inventory, if any, of excuses and removals of guardians and for their accountability upon completion of their management shall be applicable to the legal counsel and shall be processed and decided by the competent judicial secretary.

CHAPTER III

Adoption

Article 33. Competencia.

In the case of adoption, the Court of First Instance shall have jurisdiction over the seat of the public body entrusted with the protection of the adopter and, failing that, the place of residence of the adopter.

Article 34. Preferential status and application.

1. The application of the adoption file shall be preferred and shall be carried out with the assistance of the Public Prosecutor.

2. The assistance of a lawyer or a prosecutor shall not be mandatory.

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

1. The file shall begin with the statement of proposal for adoption made by the Public Entity or by the application of the adopter where it is entitled to do so.

2. In the proposal for adoption made by the Public Entity, particular attention shall be paid to:

(a) The personal, family and social conditions and livelihood of the adopter or adoptive parents assigned and their relations with him/her by adopting, in detail as to the reasons for the choice of the adopter or adoptive parents.

(b) Where appropriate and when they are to give their assent or be heard, the last known address of the spouse of the adopter or of the person to whom they are linked by similar relationship of affection to the conjugal, or that of the parents, guardian, foster family or guardians of the adopter.

(c) Whether they have given their assent to the Public Entity or in public documents.

3. In cases where no prior proposal by the Public Entity is required, in accordance with the provisions of the Article 176 of the Civil Codethe offer for the adoption of the adopter shall be submitted in writing, in which he shall state the particulars contained in the preceding paragraphs as soon as they are applicable, and the allegations and evidence leading to the proof that in the adoption of any of the circumstances required by that legislation.

4. The proposal or offer for adoption shall present the documents referred to in the preceding paragraphs, the prior declaration of suitability of the adopter for the exercise of parental authority issued by the Public Entity, if appropriate, and any relevant reports or documents.

Article 36. Consentimiento.

In the case file, the judicial secretary shall summon the adopter or adopters and the adopter if he or she is over 12 years of age to express his or her consent in the presence of the judge.

Article 37. Assent and hearing.

1. The persons referred to in paragraph 2 shall also be summoned to give consent to adoption before the judge. Article 177 of the Civil Code.

Those who, if necessary, consented, will not be cited before the initiation of the file with the relevant public entity or in public document, unless more than six months have elapsed since they did so.

2. If the parents seek recognition of the need to consent to adoption, they must make this clear in the file. The Registrar shall agree to suspend the file and grant the 15 days period for the filing of the application, which shall be decided by the same Tribunal.

When the application has been filed within the time limit, the judicial registrar shall issue a decree declaring the adoption file contentious and shall agree to continue its proceedings in accordance with article 781 of the Convention. Civil Procedure Act.

If the application is not filed within the time limit set, the judicial secretary shall issue a decree terminating the proceedings and suspending the adoption file. The decree shall be subject to direct appeal before the Court. If such a decision is signed, no subsequent claim by the same subjects concerning the need for consent for the adoption in question shall be admissible.

3. The persons referred to in paragraph 3 shall also be summoned to the court for hearing in the case file. Article 177 of the Civil Code.

Article 38. Citaciones.

1. If the proposal for adoption or the offer for adoption does not indicate the domicile of those to be summoned, the Registrar shall immediately take the necessary steps to investigate the domicile as provided for in article 156 of the Convention. Civil Procedure Act and shall summon them before the judge within fifteen days, and shall guarantee the proper reservation. The subpoena to the parents shall state, where appropriate, the circumstances under which their hearing is sufficient.

2. Summons to be given assent or heard shall include the warning that if they are summoned personally and do not appear, the procedure shall be followed without further subpoenas. If they do not respond to the first summons and the summons has not been made in their person, they will be summoned again within the next fifteen days, with the warning that even if they do not appear the file will continue to be processed.

3. Where the domicile or whereabouts of any person to be summoned or duly cited, with appropriate warnings, has not been known, the procedure shall be waived and the adoption agreed upon shall be valid, without prejudice, where appropriate, to the right granted to the parents under paragraph 2 of the Article 180 of the Civil Code.

Article 39. Tramitación.

1. The judge may order the practice of any steps he deems appropriate to ensure that the adoption is in the interest of the adopter.

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

3. If an objection is raised, the case file shall be contentious and the judicial registrar shall summon the persons concerned to a hearing, continuing the proceedings as scheduled for the oral trial.

4. An appeal may be lodged against an order ruling on the case, which shall be of a preferential nature without suspensive effect.

5. The testimony of the final decision in which the adoption is agreed shall be sent to the relevant Civil Registry for registration.

Article 40. Procedure for the exclusion of the adopter ' s guardianship functions and termination of adoption.

1. The judicial proceedings referred to in the Articles 179 and 180 of the Civil Codeshall be conducted in accordance with the procedure laid down in the Civil Procedure Act and its decisions will be forwarded to the Civil Registry for registration.

2. During the conduct of the proceedings, the judge shall, even on his own initiative, and after hearing the Public Prosecutor, adopt appropriate protective measures concerning the person and property of the adopted minor or person with disabilities with measures to support the exercise of his legal capacity.

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

Article 41. Intercountry adoption.

In cases of intercountry adoption, the Article 9.5 of the Civil Code and on the Law 54/2007 of 28 December 2007and the provisions of the international treaties and conventions to which Spain is a party, and in particular the Hague Convention of 29 May 1993 on the protection of children and cooperation in matters of intercountry adoption.

Article 42. Conversion from simple or not full adoption to full.

1. The adopter of simple or non-full adoption constituted by a competent foreign authority may request to the Spanish courts its conversion into an adoption governed by Spanish law when one of the following cases occurs:

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

(b) The adopter was or is to be transferred to Spain for the purpose of establishing his habitual residence in Spain.

(c) The adopter has Spanish nationality or has his habitual residence in Spain.

2. The adopter shall submit the application by offering for full adoption, without requiring the prior proposal of the Public Entity, in which he shall state the particulars contained in article 35 as soon as they are applicable. The application must be accompanied by the document setting up the adoption by the foreign authority and the evidence to show that the adopted person has the requisite circumstances.

3. Once the application has been submitted, the procedures set out in the preceding articles shall be followed, as soon as they are applicable, and the judge shall examine the continuance of the points listed in the Intercountry Adoption Act.

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

The spouse of the adopter or the person to whom he or she is attached by similar affectivity to the conjugal must be acquiesced.

5. The testimony of the order declaring the conversion of simple or not full adoption shall be sent to the relevant Civil Registry for registration.

CHAPTER III bis

The file on the provision of judicial measures to support persons with disabilities

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

Article 42 bis (a). Scope, competence, legitimacy and application.

1. Where the provision of a stable judicial support measure to a person with disabilities is relevant, the procedures provided for in this chapter shall be followed.

2. The Court of First Instance of the place where the disabled person resides shall be competent to hear this case.

If, prior to the date of the appearance, a change in the habitual residence of the person to whom the file relates occurs, the proceedings shall be referred to the relevant court in the state in which they are located.

3. This file may be promoted by the Public Prosecutor ' s Office, the disabled person himself, his spouse who is not de facto or legally separated or who is in a de facto comparable situation and his descendants, ascendants or siblings.

Any person has the power to bring to the attention of the Public Prosecutor any facts which may be decisive in a situation requiring judicial action to support them. The authorities and public officials who, on the basis of their positions, were aware of the existence of such acts in respect of any person, shall inform the Public Prosecutor ' s Office. In both cases, the latter shall initiate the present file.

4. A person with a disability may act with his or her own defence and representation. If it is not foreseeable that he or she will make such a designation on his or her own, the request will require the appointment of a legal counsel, who will act through the assistance of a lawyer and prosecutor.

5. The legal counsel of the Administration of Justice shall make the necessary adjustments and adjustments to enable the disabled person to understand the object, purpose and procedures of the file concerning him, in accordance with article 7 bis of this Law.

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

Article 42 bis (b). Procedure.

1. The application shall be accompanied by documents demonstrating the need for support measures and an expert opinion from the specialized professionals in the social and health fields, who advise on the appropriate support measures in each case. Such evidence as may be necessary during the appearance shall also be proposed.

2. Admitted to the proceedings, the lawyer of the Administration of Justice shall call for the appearance of the Public Prosecutor, the person with disabilities and, where appropriate, his spouse who is not legally or de facto separated or who is in a similar factual situation and his or her descendants, ascendants or siblings. The parties concerned may propose within five days of receipt of the summons such evidence as they deem necessary to carry out during the appearance. Certification will also be obtained from the Civil Registry and, where appropriate, from other public registers deemed relevant, on the registered support measures.

The judicial authority may, prior to the appearance of the person concerned, obtain a report from the public body entrusted with the task of promoting autonomy and assistance to persons with disabilities, or from an entity in the third sector of social action duly empowered to cooperate with the administration of justice. The entity shall report on any support alternatives and on the possibilities of providing support without requiring any action by the judicial authority.

The judicial authority may also order an expert opinion before the appearance, if it deems it necessary in the circumstances of the case.

3. An interview will be held at the hearing between the judicial authority and the person with disabilities, who, in view of his situation, may be informed of the alternatives available to obtain the support he needs, either through his social or community environment or through the provision of voluntary support measures.

In addition, any evidence which has been proposed and accepted shall be carried out and, in any event, persons who have appeared and who have expressed their will to be heard shall be heard.

4. If, following information provided by the judicial authority, the person with disabilities opts for an alternative support measure, the file shall be terminated.

5. The opposition of the person with disabilities to any form of support, opposition from the Public Prosecutor's Office or opposition from any of those interested in the adoption of the support measures requested shall terminate the file, without prejudice to the possibility for the judicial authority to take such support measures as it deems appropriate. Such measures may be maintained for a maximum period of 30 days, provided that the corresponding application for support measures in contentious proceedings has not been submitted in the past.

No objection to the effects referred to in the preceding paragraph shall be considered to be that relating solely to the appointment as curator of a particular person.

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

Article 42 bis (c). Order and subsequent review of judicially agreed measures.

1. The measures taken in the order terminating the file shall be in accordance with the provisions of the applicable civil law on this matter. Such measures shall be subject to periodic review within the time limit and the manner in which the order which has agreed to them is laid down, and the procedure referred to in this Article shall be followed.

Any of the persons referred to in Article 42a(3) may request review of the measures before the expiry of the period laid down in the order, as well as any person who exercises the support.

2. The court which issued the measures shall also have jurisdiction to hear the said review, provided that the person with disabilities remains in the same district. If not, the new residence court must request a full testimony from the file from the court that previously heard it, which will forward it within 10 days of the application.

3. In reviewing the measures, the judicial authority shall seek expert advice when it deems it necessary in the circumstances of the case, shall interview the person with disabilities and order such other proceedings as it deems necessary. For this purpose, the judicial authority may obtain a report from the entities referred to in Article 42a(2)(b). The result of such proceedings shall be transferred to the person with disabilities, to the person exercising the support functions, to the Public Prosecutor ' s Office and to the persons concerned in the previous file, so that they may plead what they consider relevant within 10 days, and provide such evidence as they deem appropriate. If any of the above objects, the file shall be terminated and the measures may be reviewed in accordance with the provisions of the Civil Procedure Act.

4. Once the allegations have been received and evidence has been obtained, the judicial authority shall issue a new order with the relevant content in the light of the circumstances.

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

CHAPTER IV

Of guardianship, curatorship and de facto guarding

Section 1.a Common provision

Article 43. Competition and application.

1. The Court of First Instance of the domicile or, failing that, the residence of the child or person with disabilities shall have jurisdiction to hear this case.

2. The judicial body which has heard of a case concerning guardianship, wardship or de facto custody shall be competent to hear all cases, proceedings and the adoption of subsequent measures or reviews, provided that the minor or person with disabilities resides in the same district. Otherwise, in order to deal with any of these incidents, full testimony of the case file must be requested from the court that previously heard the case, which shall forward it within 10 days of the application.

3. In these cases, the intervention of a lawyer and a procurator shall not be mandatory, except for those relating to the removal of a guardian or curator and the extinguishment of preventive powers, in which the intervention of a lawyer shall be necessary.

Section 2.a: Guardianship and curatorship

Article 44. Scope.

1. The provisions of this section shall apply to the processing of custody and wardship cases.

2. The file referred to in the following article shall only apply to the curate when, following the processing of a trial on the adoption of judicial measures to support a person with disabilities, it is appropriate to appoint a new curator, replacing another removed or deceased.

Article 45. Processing, resolution and appeal.

1. The file shall be initiated by application submitted by the Public Prosecutor ' s Office or by any of the persons legally indicated to promote guardianship or guardianship. It shall state the fact that it gives rise to one or the other, accompanying the documents supporting the legitimation to promote the file and indicating the closest relatives of the person in respect of whom guardianship or curatorship should be constituted and their domiciles. A birth certificate must also be accompanied by the certificate of last wishes of the parents, the public notarial document or testament issued by the parents, which provides for the guardianship or wardship of their minor children, or the public notarized document issued by the disabled person himself, in which provision has been made for his own curatorship or other voluntary support measures.

2. At the hearing, the promoter shall be heard, the person whose appointment is proposed if it is different from the promoter, the person whose guardianship or curatorship is intended to be constituted if he or she is over 12 years of age or the minor of that age who has sufficient maturity, the next of kin, the Public Prosecutor's Office, and any persons deemed appropriate.

The judge and the Public Prosecutor shall act ex officio in the interest of the child and shall respect the will, wishes and preferences of the person with disabilities in the present, adopting and proposing such measures, proceedings, expert reports and evidence as they deem appropriate.

3. The judge shall designate a particular person or persons as guardian or curator, as provided for in Civil Code.

4. In the decision according to the appointment of guardian or curator, the measures of supervision of guardianship or curatorship established by the parents in will or notarial public document, or by the person concerned in the public document issued in this respect, shall be adopted, unless the interest of the person concerned is otherwise.

Where appropriate in accordance with applicable civil law, in the decision establishing guardianship or guardianship or other subsequent, the judge may agree on appropriate monitoring and control measures, as well as require the guardian or curator to report on the personal situation of the minor or person with disabilities and the status of the administration of his or her property. If they are adopted in a subsequent decision, the guardian or curator shall be heard in advance, if the minor is sufficiently mature and, in any event, if he or she is more than twelve years of age, the person in respect of whom the curate is to be constituted and the Public Prosecutor's Office.

5. The judge, in the decision establishing guardianship or wardship or in another subsequent decision, may exceptionally require the guardian or curator to establish a bond to ensure the fulfilment of his obligations, and in such a case he must determine the form and amount of the bond.

It may also subsequently, on its own initiative or at the request of an interested party, terminate or modify in whole or in part the bond that has been provided, after having heard the guardian or curator, to a person with a disability requiring support measures, to the minor if he or she is sufficiently mature and, in any event, if he or she is over twelve years old, and to the Public Prosecutor.

6. The decision to be rendered shall be subject to appeal without suspensive effect.

During the hearing of the appeal, and even if a subsequent ordinary trial is instituted on the same subject matter, the guardian or curator elected, where appropriate, shall be responsible for the care of the child or person with disabilities and the administration of his or her administration, as appropriate, under such guarantees as may be sufficient for the judge.

Article 46. Bail, acceptance and possession of the post.

1. Once the decision establishing guardianship or guardianship has been signed, the designated person shall be summoned to appear within fifteen days in order to provide the bail established to guarantee the person concerned's wealth, if any, and to accept the charge or make an excuse.

2. If the security has been required, the judge shall declare it sufficient and agree in the same decision on such registrations, deposits, measures or formalities as he considers appropriate for the effectiveness of the security and the preservation of the property of the child or person with disabilities.’

3. After all the measures agreed upon, the appointed person shall accept in the minutes issued to the counsel of the Administration of Justice the obligation to perform the duties of his office in accordance with the laws and the latter shall agree to take office, confer on him the powers set out in the judicial decision that agreed to his appointment and give him certification of his position.

4. If the appointed person is appointed to the position of guardian or administrator of the property, he shall require him to submit the inventory of the property of the person concerned within 60 days thereafter. Until the inventory of property is approved, the person appointed shall be responsible for the care of the minor or person with disabilities and for the administration of his or her assets, as appropriate, under such guarantees as appear sufficient to the judge.

5. The court that has agreed to the guardianship or curatorship shall transmit to the relevant civil registry evidence of both the decision rendered and the record of the possession of the office, for the appropriate purposes.

Article 47. Inventory training.

1. The designated asset manager shall submit, within the time limit granted, the inventory of assets, which shall contain the list of the assets of the person concerned, as well as the relevant deeds, documents and papers. The Registrar shall then set a date and time for their training and shall summon the persons concerned, the persons concerned if they are sufficiently mature and, in any event, the minor if he or she is over 12 years of age and the Public Prosecutor.

2. In the event of a dispute over the inclusion or exclusion of property in the inventory, the Registrar shall summon the persons concerned to a hearing, continuing the proceedings as scheduled for the oral trial, and suspend their formation until the trial is resolved.

A judgment on the inclusion or exclusion of assets in the inventory shall leave the rights of third parties to be protected.

3. If the latter has not objected to or resolved the inventory, the judicial secretary shall approve the inventory and the designated person shall proceed to its administration in accordance with the terms set out in the judicial decision.

Article 48. Remuneration of office.

1. Once the decision establishing guardianship has been signed or a decision has been handed down in the support procedure, if the guardian or curator applies for the remuneration to which he or she is entitled, the judge shall agree on it, setting the amount and manner of receiving it, taking into account the complexity and extent of the functions entrusted and the value and profitability of the assets of the person concerned. The decision shall be taken after hearing the applicant, the person with disabilities, the minor if he or she is sufficiently mature and, in any event, if he or she is over twelve years of age, the Public Prosecutor ' s Office and any persons it deems appropriate. The judge, the person concerned or the Public Prosecutor may propose such proceedings, expert reports and evidence as they deem appropriate.

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

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

Article 49. Remoción.

1. In cases provided for by the applicable civil law, ex officio, at the request of the Public Prosecutor ' s Office, of the person under guardianship, of the subject of the curate or of another interested person, it may be agreed that the guardian or curator shall be removed after a hearing. In this case, the guardian or curator, persons who may replace him or her, the person with disabilities, the minor shall be heard if he or she is sufficiently mature and, in any case, if he or she is over twelve years of age, and the Public Prosecutor.

If an objection is raised, the case file shall be contentious and the judicial registrar shall summon the persons concerned to a hearing, continuing the proceedings as scheduled for the oral trial.

2. During the processing of the removal file, the judge may suspend the guardian or curator in his or her duties and the judicial secretary shall appoint the guardian or subject to curatorship a judicial defender.

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

Article 50. Excusa.

1. If any of the cases envisaged by the Civil Code In order to excuse oneself from the exercise of guardianship or curatorship, the guardian or curator shall plead it within fifteen days of the date of the appointment. If the reason for the excuse arises during his exercise, he may plead it at any time, except for legal persons, provided that there is a person of similar conditions to replace him.

2. The excuse of the guardian or the curator may be admitted upon the holding of the appearance, in which the person who is excused, who is to be replaced in the post and the person concerned shall necessarily be heard if he or she is sufficiently mature and, in any event, if he or she is over 12 years old and the Public Prosecutor ' s Office.

3. During the processing of the file, a person who has applied for resignation shall be obliged to perform the function and, if he fails to do so, a defence counsel shall be appointed to replace him, with a substitute responsible for all expenses caused by the excuse if the excuse is rejected.

4. If the excuse is accepted, the appointment of a new guardian or curator shall be made, and the corresponding communication shall be forwarded to the Civil Registry.

Article 51. Accountability.

1. In accordance with applicable civil law or with the corresponding court decision, the guardian or curator shall, where appropriate, submit reports on the personal situation of the child or person with disabilities, or on the performance of accounts.

2. When the reports are submitted, the counsel of the Administration of Justice shall transfer them to the disabled person, the minor if he or she is sufficiently mature and, in any event, if he or she is over twelve years of age, those who appear to be interested in the case file and the Public Prosecutor ' s Office. If any of the above requests it within 10 days, all of them shall be summoned to a hearing, and the necessary steps and evidence may be proposed ex officio or at the request of a party.

The court of its own motion may also order, at the expense of the estate of the guardian or assisted person, expert accounting or auditing evidence even if no one has requested the appearance, if the report describes complex transactions or requires technical justification.

3. Whether or not the appearance is successful, the judge shall rule by means of an order on reports and accountability.

4. These provisions shall apply in cases of final accountability for termination of guardianship or guardianship, and shall be submitted, if necessary, within three months of the end of the post, which may be extended for as long as is necessary if the case is just. In such cases, the new guardian or curator and the heirs of the guardian or guardian, if applicable, shall also be heard.

5. In any event, judicial approval of the accounts submitted shall not prevent the exercise of actions that may assist the guardian or curator and the guardian or subject to curatorship or his successors on the basis of guardianship or curatorship.

Article 51 bis. Extinction of preventive powers.

1. Any person entitled to urge the procedure for providing support and the curator, if any, may call for the termination of the preventive powers granted by the person with disabilities, if any of the grounds for removal of the curator are met by the person concerned.

2. If the application is granted, the applicant, the proxy, the person with disabilities who needs support and the Public Prosecutor shall be summoned to appear. If opposition is raised, the case shall be contentious and the counsel of the Administration of Justice shall summon the persons concerned to a hearing, continuing the proceedings as provided for in the oral proceedings.

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

Section 3.a De facto custody

Article 52. Requirement and control measures.

1. At the request of the Public Prosecutor's Office, of the person requiring support measures or of any person having a legitimate interest, the judicial authority having knowledge of the existence of a de facto guardian may require him to report the situation of the person and property of the minor or the person with disabilities and his or her actions in relation to them.

2. The judge may lay down such supervisory and supervisory measures as he deems appropriate, without prejudice to the promotion of a file for the establishment of guardianship in the case of minors, if appropriate. Such measures shall be taken, upon appearance, by summoning the person concerned with the de facto custody, the custodian and the Public Prosecutor ' s Office.

3. Where, in accordance with applicable civil law, the de facto guardian of a disabled person must apply for judicial authorization, the judicial authority shall, before making a decision, interview the disabled person on its own and may request an expert report to establish the situation of the disabled person. He may also summon to appear any person he deems necessary to hear on the basis of the act for which authorization is sought.

CHAPTER V

The judicial granting of emancipation and the benefit of the majority

Article 53. Competition, legitimation and application.

1. The judge of first instance of the minor's domicile shall have jurisdiction to hear an application for emancipation filed by a person over 16 years of age who is subject to parental authority, as it is in one of the cases provided for in article 320 of the Constitution. Civil Code; in particular:

(a) When a person exercising parental authority is married or married to a person other than the other parent.

(b) When parents are separated.

(c) When any cause seriously hinders the exercise of parental authority is present.

2. The judge of first instance of the minor's domicile shall have jurisdiction to hear the application for a majority benefit, which shall be made by the person over 16 years of age subject to guardianship, in accordance with article 321 of the Constitution. Civil Code.

3. In the practice of such proceedings, the intervention of a lawyer or a procurator shall not be mandatory, unless opposition is expressed, in which case counsel shall be required from that moment on.

Article 54. Solicitud.

1. The file will be initiated by a request to the court by a minor over 16 years of age, with the assistance of one of his parents, not deprived or suspended of parental authority, or the guardian. In the absence of their assistance, the minor shall be appointed as a legal counsel to urge the case. The Public Prosecutor ' s Office shall assume its representation and defence until the appointment of a judicial defender.

2. The application shall be accompanied, where appropriate, by documents proving the attendance of the case required by the Civil Code to urge the emancipation or benefit of majority, as well as the proposition of evidence that it considers relevant.

Article 55. Processing and resolution.

1. Admitted to the proceedings by the Court Registrar, the application shall call the minor, his parents or, where appropriate, his guardian, the Public Prosecutor ' s Office and those who may be interested to appear before the judge, who shall be heard by this order. Thereafter, tests shall be carried out which have been proposed and agreed upon.

2. The judge, taking into account the justification offered and valuing the interest of the minor, shall decide by granting or denying the emancipation or the required majority benefit.

3. The Civil Registry shall be informed of the granting of emancipation or of the age of majority benefit for registration.

CHAPTER VI

Protection of the heritage of persons with disabilities

Article 56. Scope.

1. The rules of this Chapter shall apply to cases which have as their object any of the proceedings provided for in the Chapter I of Law 41/2003 of 18 Novemberon property protection of persons with disabilities, in particular for:

(a) The creation of the protected property of persons with disabilities or approval of contributions thereto when their parents, guardian or curator unreasonably refuse to give consent or consent to such consent.

(b) The appointment of its administrator when it could not be made under the title of constitution.

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

(d) The replacement of the administrator, the change of the rules of administration, the establishment of special control measures, the taking of precautions, the extinction of the protected assets or any other measure of similar nature that is necessary after the creation of the protected assets.

Article 57. Competition, legitimation and application.

1. The Court of First Instance of the domicile or, failing that, the residence of the disabled person shall have jurisdiction to hear this case.

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

3. The parties concerned shall not require a lawyer or a public prosecutor to intervene in the case.

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

1. The file shall be initiated by a written request from the Public Prosecutor's Office containing the particulars and circumstances of identification of the person with disabilities, their representatives or their curator, as appropriate and of the other interested parties in the case, as well as the domicile or addresses in which they may be cited, and the facts and other relevant allegations.

2. Their processing shall be in accordance with the general rules for processing provided for in this Act.

3. The judge shall make the decision in the interest of the disabled person.

If the decision provides for the establishment of the protected property of a person with disabilities, it shall contain, at least, the inventory of the property and rights which initially constitute it; the rules of its administration and, where appropriate, supervision, as well as the procedures for the designation of persons to be included in the administrative or, where appropriate, oversight bodies.

4. The decision shall be subject to appeal with suspensive effect, except where the administrator of the protected property is appointed because it cannot be designated in accordance with the rules set out in the public document or the judicial decision of constitution.

5. If the decision issued by the judge is the creation of a protected estate and the designated administrator is not the beneficiary of the property itself, it shall be communicated to the Civil Registry for registration, as well as the other circumstances relating to the protected assets and the designation and modification of administrators of that estate.

The decision must also be given testimony to the party for registration in the respective registers when the assets comprising the protected assets have the character of being registered for registration or notation, or to the managers of collective investment institutions or of commercial companies in the case of shares or shares in them.

CHAPTER VII

Right to honour, privacy and self-image of a child or person with disabilities with measures to support the exercise of their legal capacity

Article 59. Scope, competence, legitimacy and application.

1. The provisions of this Chapter shall apply to obtaining judicial authorization of consent to lawful interference in the field of protection as defined by the Article 3 of Organic Law 1/1982 of 5 May 1982civil protection of the right to honour, personal and family privacy and self-image, where the Public Prosecutor's Office has opposed the consent of the legal representative of a child or person with disabilities with measures to support the exercise of his or her legal capacity.

2. The Court of First Instance of the place of residence or, failing that, the residence of the child or person with disabilities shall have jurisdiction to hear this case with measures to support the exercise of his legal capacity.

3. The legal representative of the child or person with disabilities is entitled to promote this file by means of measures to support the exercise of his or her legal capacity, without requiring the intervention of a lawyer or a prosecutor.

Article 60. Processing and resolution.

1. The file shall be initiated by means of a request to be accompanied by the draft consent, the document stating the notification of the opposition by the Public Prosecutor ' s Office and those proving their legal representation.

2. Once the application has been accepted by the Court Registrar, the Registrar shall indicate the date and time of the appearance, which shall be referred to the Public Prosecutor's Office, the legal representative of the minor or person with disabilities with support measures for the exercise of his or her legal capacity and the latter if the Judge deems it necessary. The judge may also, on his own motion or at the request of the Public Prosecutor, order the summons of other persons concerned.

3. The judge shall issue a decision at the end of the appearance or, if the complexity of the case so warrants, within five days, in the best interests of the child or person with disabilities with measures to support the exercise of their legal capacity.

4. An appeal against this decision, with suspensive effect, may be decided on a preferential basis.

5. If the legal representatives of the minor or the person with disabilities with measures to support the exercise of his legal capacity wish to have the consent granted by the court revoked, they shall inform the judge, who shall issue a decision, rendering it ineffective.

CHAPTER VIII

Authorization or judicial approval for the performance of acts of disposition, lien or other relating to the property and rights of minors and persons with disabilities with measures to support the exercise of their legal capacity

Article 61. Scope.

The provisions of this Chapter shall apply in all cases where the legal representative of the minor or the person providing support to the person with disabilities or the administrator of a protected property requires judicial authorization or approval for the validity of acts of disposition, lien or other acts relating to his or her property or rights or to the protected property, unless he or she has established a specific procedure.

Article 62. Competition, legitimation and application.

1. The Court of First Instance of the residence of the child or person with disabilities shall be competent to hear this case. If, prior to the date of the appearance, a change in the habitual residence of the person to whom the file relates occurs, the proceedings shall be referred to the relevant court in the state in which they are located.

2. This file may be promoted by those who have the legal representation of the minor or who have the support of the person with disabilities for the purpose of carrying out the legal act in question, as well as by the person with disabilities themselves in accordance with the support measures established.

In the case of the administration of specific property or rights, with specific powers over it, conferred by its transferee free of charge on behalf of a person who does not have legal representation, or when the guardianship or curatorship of the person and of the property is exercised separately, the administrator appointed by the transferor or the guardian of the property shall apply for authorization, if necessary.

If the act is in respect of the property of the protected estate, the legal person shall be its administrator.

3. The intervention of a lawyer or attorney shall not be mandatory provided that the value of the act for which the file is introduced does not exceed 6,000 euros. Where it exceeds this requirement, the initial application may be made without the need of both professionals, without prejudice to the fact that the judge may order the action of all interested parties through a lawyer when the complexity of the operation so requires or when subjects with conflicting interests appear.

Article 63. Solicitud.

1. The application shall state the reason for the act or business in question and shall state the necessity, utility or convenience of the act or business concerned; the good or right to which it relates shall be precisely identified; and the purpose, if any, to which the sum to be obtained should apply.

The request shall provide the documents and background necessary to enable the court to make an accurate judgement on the business in question and, where appropriate, on the partitional transactions of the inheritance or division of the common thing carried out.

2. In the case of authorization to compromise, the document on which the basis of the transaction has been formulated shall also be accompanied.

3. If the application is for the purpose of carrying out an act of disposition, the application may also include a request for the authorisation to be extended to the conclusion of a direct sale, without the need for auctioning or the intervention of a specialised person or entity. In this case, it shall be accompanied by expert opinion assessing the market price of the good or right in question and shall specify the other conditions of the act of disposition intended to be carried out.

Article 64. Tramitación.

1. Admitted to the proceedings, the application by the lawyer of the Administration of Justice shall be submitted to the Public Prosecutor ' s Office, as well as to all persons who, depending on the different cases, require the law and, in any case, to the disabled person and the minor who is sufficiently mature and, in any case, when he or she is over twelve years of age.

2. Where an expert opinion is required, it shall be agreed on its own initiative or at the request of a party, and shall be issued before the appearance, and the expert or experts who issued it, if agreed, shall be summoned to respond to questions raised by both the interveners and the judge.

Article 65. Resolución.

1. The judge, taking into account the justification offered and assessing its appropriateness to the interests of the child or person with disabilities with measures to support the exercise of their legal capacity, shall decide by granting or refusing the authorization or approval requested.

2. (Deleted)

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

4. If any act of taxation is authorized on property or rights belonging to the child or person with disabilities or the extinguishment of rights belonging to them, the same formalities for sale shall be ordered, excluding auctioning.

5. The decision shall be subject to appeal on appeal with suspensive effect.

Article 66. Destination of the quantity obtained.

The judge may take the necessary measures to ensure that the quantity obtained by the act of disposal or taxation, as well as by the performance of the authorized business or contract, applies to the purpose for which the authorization has been granted.

CHAPTER IX

Declaration of absence and death

Article 67. Scope.

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

Article 68. Competition, legitimation and application.

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

Notwithstanding the above, if the declaration of death is concerned in the cases referred to in paragraphs 2 and 3 of the Article 194 of the Civil Codethe Court of First Instance of the place of the accident shall have jurisdiction in respect of all persons concerned. If the trip has taken place outside Spanish territory, it shall be competent, in respect of Spaniards and persons resident in Spain, to the place where the trip began; and if the trip has begun abroad, to the place of residence or residence in Spain of the majority of those affected. Where jurisdiction cannot be determined in accordance with the above criteria, the Court of First Instance shall have jurisdiction over the place of residence or residence of any of them.

2. The Public Prosecutor ' s Office, acting on its own initiative or by complaint, the spouse of the person who is not legally separated, the person who is linked by similar affection to the conjugal, the blood relatives up to the fourth grade and any person who may reasonably have any right to exercise in his life or dependent on his death over the property of the disappeared person, are entitled to file the application for the records of the declaration of absence and death. However, the declaration of death referred to in paragraphs 2 and 3 of Article 194 of the Civil Code shall be carried out only at the request of the Public Prosecutor.

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

4. In the handling of these cases, the intervention of a lawyer or a prosecutor shall not be mandatory.

Article 69. Judicial Ombudsman in case of disappearance.

1. In cases of disappearance of a person, if requested by a legitimate party or by the Public Prosecutor, in accordance with Article 181 of the Civil Codethe appointment of a defence counsel, subject to the conditions laid down in that provision, shall be appointed by the appropriate judicial counsel, after attendance within a maximum period of five days from the date of submission of the application, to which the persons concerned and the Public Prosecutor shall be summoned and witnesses proposed by the applicant shall be heard.

2. In the event of an urgent need for further damage if the appointment is expected until the date of the appearance, the judicial secretary may immediately appoint the person concerned or the person proposed by the applicant, as well as take urgent measures to protect the property of the disappeared person, and the ordinary proceedings on the file which, in this case, will end by a decision ratifying or revoking the appointment and the measures agreed upon at the outset shall be continued.

Article 70. Declaration of absence.

1. The declaration of legal absence referred to in Articles 182 to 184 of the Civil Codewith the subsequent appointment of the representative of the absentee, it shall be urged by the interested party or by the Public Prosecutor's Office, providing the precise evidence proving the attendance in the case of all the requirements of the said Code for such a declaration.

2. The lawyer or lawyer of the Administration of Justice shall admit the application and indicate the date and time for the appearance, which shall take place within a maximum period of one month, and shall summon the applicant and the Ministry of Public Prosecution, as well as the relatives indicated in the initial application and those who are on the file as interested parties, and shall order the publication twice of the decision of admission by edicts, with an interval of at least eight days, in the form set out in the Law 1/2000 of 7 January, of Civil Prosecution, in the Judicial Board Edictal Unico and in the board of the City Council of the locality in which the absent had his last domicile. The edict shall state that any person who may have an interest in the declaration of absence may intervene in the appearance.

3. In such cases, the judicial registrar may take, on his own initiative or at the request of the person concerned, with the assistance of the Public Prosecutor, any measures of investigation and investigation deemed appropriate, as well as any measures of protection deemed useful by the disappeared or absent person.

4. If, at the time of the appearance, the practice of any means of proof or action useful for the purpose of ascertaining the whereabouts of the person concerned in the case file is proposed, the judicial registrar may agree on its subsequent practice.

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 71. Resolution and appointment of the absentee representative.

1. If the evidence deemed necessary and completed, the judicial registrar shall, if the result of the evidence so requires, issue a decree declaring the absence to be lawful, appoint the representative of the absentee in accordance with the provisions of the Article 184 of the Civil Code the person concerned shall be investigated, his property protected and managed and his obligations discharged, and shall, as appropriate, be determined by the said Code, as the case may be.

2. The provisions laid down in Chapters IV and VIII concerning the appointment of guardians, the acceptance, excuse and removal of their office, the provision of bail and the fixing of their remuneration, as well as the obtaining of authorizations and approvals for the performance of certain acts relating to the assets and rights of the absentee, and their accountability after the completion of their administration, shall apply to the representatives of the absentee, who shall be dealt with and decided by the Judicial Registrar.

Article 72. Interim measures.

1. If, before the initiation of the file for the declaration of legal absence, any of the measures regulated in the Civil Code in cases of disappearance, they shall continue until such declaration takes place, unless the judicial registrar, at the request of the person concerned or the Public Prosecutor's Office, deems it appropriate to amend them.

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

Article 73. Asset inventory practice.

Once the representative has accepted the position, who will be given testimony of the decision to serve as a supporting document, will carry out the inventory of movable property and description of the buildings referred to in the first item of the Article 185 of the Civil Codeincluding outstanding debts or obligations of the absent party. It must be carried out in the same file, with the intervention of the Public Prosecutor and all interested persons present in the same file.

Article 74. Declaration of death.

1. The declaration of death referred to in paragraph 2 of Article 194 of the Civil Code shall be urged by the Public Prosecutor immediately after the incident. If the case is covered by paragraph 3 of the same Article, it shall be the case within eight days of the accident if the remains have not been identified.

The competent judicial secretary shall, on the same day, issue the appropriate decision, provided or given the evidence deemed necessary to prove the attendance of all the requirements referred to above within a maximum period of five days, with the cooperation, if necessary, of the relevant diplomatic or consular offices.

The decree issued by the Judicial Secretary shall declare the death of all persons in such a situation, stating as the date from which the death, that of the accident, is deemed to have occurred.

2. The declaration of death referred to in Article 193, paragraphs 1, 4 and 5 of the Article 194 of the Civil Code may be instituted by the persons concerned or by the Public Prosecutor, and shall be processed in accordance with this chapter.

The decree issued by the judicial secretary in these cases shall, if proven, declare the cessation of the situation of legal absence, if previously decreed, and the death of the person stating the date from which the death is deemed to have occurred.

3. 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 procedures laid down in Civil Procedure Act or out of court, depending on the case.

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

1. If a person who claims to be absent or deceased is presented, the judicial secretary shall order that he be identified by the appropriate means which he may agree on his own motion or at the request of the person concerned, calling for the appearance to which the person presented, the Public Prosecutor's Office and all those who have intervened in the statement file shall be summoned.

After the appearance, the judicial secretary shall issue a decree within three days of the termination or ratification of the decision to declare absence or death.

2. If it is not submitted, but if there is information of its alleged existence in known whereabouts, the alleged person concerned shall be personally notified of the decision declaring his absence or death, requiring him to provide evidence of his identity within twenty days. After the expiry of the period, whether or not the evidence has been submitted, the Registrar shall call the appearance referred to in the preceding subparagraph, citing those which are expressed therein. The judicial registrar shall issue such a decision within three days.

3. If the person who claims to be the disappeared person so requests and provides documentary identification that the Judicial Registrar considers to be sufficient for that purpose, the suspension of the performance of the representative of the person declared absent may be ordered until the appearance.

4. If the deceased is reported to have died after the declaration of absence or death, the judicial registrar shall, after having heard the person concerned and the Public Prosecutor and the relevant evidence for the verification of death, decide on the revocation of the decision within three days.

Article 76. Consistency of the death of the disappeared person.

If at any time during the conduct of any of the files referred to in the previous articles of this Chapter the death of the disappeared or absent person is verified, the file shall be closed and the measures taken shall be terminated.

Article 77. Communication to the Civil Registry.

All the necessary evidence will be sent to the Civil Registry to record in it what is prevented in the Article 198 of the Civil Code.

CHAPTER X

The removal of organs from living donors

Article 78. Scope and competence.

1. The rules of this Chapter shall apply to cases which have as their object the verification of the consent of the donor's free, conscious and disinterested consent and other requirements for the removal and transplantation of organs from a living donor by the donor. Law 30/1979 of 27 October, about organ removal and transplantation, and the other rules that develop it.

2. The judge of first instance of the place where the extraction or transplantation is to be carried out, at the applicant's choice, shall be competent to hear such cases.

Article 79. Request and processing of the file.

1. The file shall be initiated by the request of the donor or communication of the Director of the Health Centre in which the extraction or person to whom the removal is to take place, which shall express the personal and family circumstances of the donor, the object of the donation, the health centre in which the extraction is to take place, the identity of the doctor responsible for the transplantation or extraction or to whom the medical certificate on the mental and physical health of the donor is to be delegated and accompanied by the medical certificate on the mental and physical health of the donor issued in accordance with the relevant regulations.

The intervention of a lawyer or a prosecutor shall not be necessary for the performance of these cases.

2. The doctor to be removed, the doctor signing the certificate referred to in the preceding paragraph, the doctor responsible for the transplant or to whom he delegates and the person to whom he or she is to give the authorization for the intervention shall be summoned to appear at the hearing, in accordance with the authorization document for the removal of organs granted to the health centre concerned or to whom he or she delegates.

3. The donor must give his express consent to the judge during the appearance, after hearing the explanations of the doctor to be removed and those of the other persons attending the event. The judge may also request such explanations as he deems appropriate as to whether the requirements of the law for the granting of consent are met.

Article 80. Resolución.

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

2. Otherwise, if it considers that the legal requirements have been met, it shall issue in writing the transfer document of the organ to be signed by the person concerned, the doctor to be removed and the other assistants. If any of them doubts that the consent given has been expressly, freely, consciously and disinterested, they may object to the donation.

3. A copy of the transfer document shall be provided to the donor, stating the possibility for the donor to revoke the consent at any time prior to intervention.

CHAPTER XI

From voluntary jurisdiction files relating to court statements on past events

Text added, published on 20/10/2022, in force from 21/10/2022.

Article 80 bis. Scope.

1. The provisions of this title shall apply to cases for the purpose of obtaining a judicial declaration on the reality and circumstances of past events determined, provided that there is no dispute to be settled in a contentious proceeding.

It may be of interest to issue a judicial declaration on facts of any kind, specific, whether or not they have occurred, whether or not they have been received by the promoter of the file.

2. This file may be used provided that the following conditions are met:

(a) That its object is possible and lawful.

(b) There is a principle of proof of the facts on which the information is concerned.

(c) That the facts in respect of which the information is concerned do not prejudice a certain and determined person.

(d) The facts of which the information is concerned are not the subject of an ongoing judicial procedure.

(e) There is no other legal procedure for the demonstration of the facts on which the information is concerned.

Text added, published on 20/10/2022, in force from 21/10/2022.

Article 80 ter. Competence, legitimation and application.

1. The Court of First Instance of the place where the facts referred to in the judicial declaration in question occurred and, if there were several places, that of any of them at the applicant ' s choice shall have jurisdiction to hear the case.

Failure to do so shall be the jurisdiction of the Court of First Instance corresponding to the domicile of the applicant.

2. This file may be promoted by those who are holders of legitimate rights or interests in relation to the facts in respect of which the information is interested.

The Public Prosecutor ' s Office is also actively entitled to act on its own initiative or at the request of any person.

3. It is not mandatory for the defence of Counsel or representation by Procurator for the promotion and intervention in this case. Standard forms will be available in the Judicial Office for the application.

4. The Public Prosecutor ' s Office will always be a party to this file.

Text added, published on 20/10/2022, in force from 21/10/2022.

Article 80c. Processing and resolution.

1. The file shall be initiated at the request of the person concerned or the Public Prosecutor ' s Office. The application shall clearly state the content of the judicial declaration concerned and shall contain an account of the circumstances relevant to the application, the principle of proof and the identification of persons who may be interested.

2. If the Lawyer of the Administration of Justice understands that there is no objective or territorial competence to hear the case file, or if he notices the absence of any of the conditions set out in Article 80a(2), he shall inform the Judge that, after hearing the Public Prosecutor and the applicant, he shall decide by order on the admissibility of the case.

3. Once the admissibility requirements have been met, the application shall be accepted by the Legal Counsel of the Administration of Justice and shall call for a hearing of the promoter, the Public Prosecutor ' s Office and any persons who may be interested in the facts with respect to which the information is interested.

Within five days of receipt of the summons, the promoter of the case file and the other interested parties may be interested in the summons of persons who, because they are unable to submit the summons, must be summoned by the Office of the Counsel of the Administration of Justice at the hearing to testify as witnesses or experts.

Within the same five-day period, the parties may request written replies from legal persons or public entities for the procedures laid down in the Article 381 of Law 1/2000 of 7 JanuaryCivil prosecution. The practice of this procedure shall not suspend the holding of the appearance, unless the judge deems it necessary to prevent the defencelessness of one or both parties. In any event, if they are received after the meeting, the persons concerned and the Prosecutor ' s Office shall be heard.

4. The appearance shall be carried out in accordance with the procedures laid down in the Civil Procedure Act for the hearing of the oral trial, the relevant and useful evidence proposed by the parties to the proceedings being used.

5. Within five days of the date of the appearance, the judge shall issue an order granting or refusing the issue of the judicial declaration concerned.

If he agrees to the application, the judge shall make a declaration in the operative part of the order on certain facts which have been committed by the promoter, with the expression of his circumstances, and shall, where appropriate, make a statement in relation to the consequences arising from the declaration. If the declaration results in the existence of an act registered in the Register of Property, Commercial or other public registry, the provisions of article 22.2 shall apply.

6. At any time during the processing of the case file, the parties concerned or affected by the facts which are the subject of the case may object to the issuance of the judicial declaration concerned.

In such a case, if the judge considers the objection justified, the judge shall order the dismissal of the case, subject to the parties' right to bring the relevant action.

If the judge does not find the opposition justified, he shall order the continuation of the case until it has been decided.

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 32 of 7 February 2023. Ref. BOE-A-2023-3123

Text added, published on 20/10/2022, in force from 21/10/2022.

Article 80d. Resources.

1. The interlocutory decisions issued during the processing of the file are subject to appeal, as provided for in the Civil Procedure Act.

2. The final decision as provided for in the second, fifth or sixth paragraphs of the preceding Article is subject to appeal, as provided for in the Civil Procedure Act.

Text added, published on 20/10/2022, in force from 21/10/2022.

TITLE III

From voluntary family jurisdiction files

CHAPTER I

Dispensation from marriage impediment

Article 81. Competence, legitimation and application.

1. The judge of first instance of the domicile or, failing that, of the residence of any of the spouses shall be competent to hear the request for exemption from the impediments to the wrongful death of the spouse or person with whom he or she had been bound by similar relationship of affection to the conjugal and kinship to enter into marriage of the third degree between collaterals, provided for in the Article 48 of the Civil Code.

2. This file shall be promoted by the contracting party who is prevented from marrying.

3. In the practice of such proceedings, the intervention of a lawyer or a prosecutor shall not be mandatory.

Article 82. Solicitud.

The file shall be initiated by application addressed to the Court, which shall state the particular, family or social reasons on which it is based, and shall be accompanied by the necessary documents and records showing the attendance of the just cause required by the Court. Civil Code the waiver and, where appropriate, the proposal for proof, the practice of which shall be agreed by the Judge. In the case of the impediment of kinship, the application shall clearly state the family tree of the contracting parties.

Article 83. Processing and resolution.

1. Admitted to the proceedings by the Judicial Registrar, the application shall be submitted to the parties and to those who may be interested, who shall be heard. Dismissal of the previous spouse ' s wilful death shall also be granted to the Public Prosecutor ' s Office. Evidence shall be given at the appearance, as proposed and agreed.

2. The judge, taking into account the justification offered, shall decide by granting or denying the waiver of the impediment to marriage.

Article 84. Testimonio.

In the case of granting the marriage waiver, the court clerk shall issue testimony to be given to the applicant for appropriate use.

CHAPTER II

Judicial intervention in relation to parental authority

Section 1.a Common provision

Article 85. Tramitación.

1. In the files referred to in this Chapter, once the application has been accepted by the Judicial Registrar, the Registrar shall summon the applicant, the Public Prosecutor ' s Office, parents, guardians or guardians, where appropriate, the person with disabilities with measures of support for the exercise of his or her legal capacity, if any, or the minor if he or she has sufficient maturity and, in any event, if he or she is over 12 years of age. If the holder of parental authority is an unemancipated minor, his parents shall also be summoned and, in the absence of such parents, his guardian. The summons of other interested parties may also be agreed.

2. The judge may, on his own initiative or at the request of the applicant, other interested parties or the Public Prosecutor's Office, agree to the practice of the proceedings he considers appropriate. If such proceedings take place after the appearance, the relevant minutes shall be transmitted to the interested parties so that they may make submissions within five days.

3. The intervention of a lawyer or a prosecutor in order to promote and act in these cases shall not be mandatory.

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

Article 86. Scope, competence and legitimacy.

1. The provisions of this section shall apply where the judge is required to intervene in cases of disagreement in the exercise of parental authority exercised jointly by the parents. They shall also apply in cases where authorization or judicial intervention is legally provided for when the holder of parental authority is an unemancipated minor and there is disagreement or impossibility of his parents or guardian.

2. The Court of First Instance shall have jurisdiction over the domicile or, failing that, the residence of the child. However, if the joint exercise of parental authority by the parents has been established by a court decision, the court of first instance which issued the decision shall have jurisdiction to hear the case.

3. Both parents are entitled to promote this file, individually or jointly. If the holder of parental authority is an unemancipated minor, his or her parents and, in the absence of such parents, his or her guardian shall also be entitled to legal status.

Section 3.a. Measures of protection relating to the improper exercise of custody or administration of the property of the child or person with disabilities

Article 87. Scope, competence and legitimacy.

1. The provisions of this Section shall be applied to take measures in respect of the improper exercise of the custody of minors or persons with disabilities or the administration of their property in the cases to which they relate. Articles 158, 164, 165, 167, 200 and 249 of the Civil Code or similar provisions of applicable civil law. In particular:

(a) For the adoption of measures for the protection of minors established in the Article 158 of the Civil Code.

(b) For the adoption of the measures provided for in the last paragraph of Article 249 of the Civil Code in relation to persons with disabilities.

(c) For the appointment of a judicial administrator for the administration of property acquired by the child by succession in which the father, mother or both had been fairly disinherited or could not have been inherited because of indignity and had not been appointed by the person responsible for that purpose, nor could the other parent perform that function.

(d) In order to attribute to parents who lack the means the share of the fruits which in equity derive from the property acquired by the child by free title when the landlord has expressly ordered that they should not be for the children, as well as those acquired by succession in which the father, mother or both had been justly disinherited or could not have inherited because of indignity and those donated or left to the children, especially for their education or career.

(e) To take the necessary measures to secure and protect the property of the children, to demand security or bail to continue the parents with their administration or even to appoint an administrator when the parental administration endangers the property of the child.

2. The Court of First Instance of the domicile or, failing that, the residence of the child or person with disabilities shall have jurisdiction. However, the Court of First Instance, which had heard the initial, shall have jurisdiction to hear the case:

(a) Whether the joint exercise of parental authority by the parents or the attribution of custody and custody of the children had been established by a court decision, as well as when they were subject to guardianship;

(b) Where the support measure for the disabled person has been provided by a court.

3. The measures referred to in this Chapter shall be taken on their own initiative or at the request of the child or person with disabilities, any relative or the Public Prosecutor's Office. When requested in respect of a person with disabilities, they may also be adopted at the request of any interested party.

Article 88. Resolución.

If the judge deems it appropriate to take measures, he shall decide what is appropriate by designating a person or institution which, if appropriate, is responsible for the custody of the minor or for supporting the person with disabilities, shall take appropriate measures in the case in accordance with the applicable civil law and may appoint, if appropriate, a legal counsel.

Article 89. Acting in cases of guardianship and wardship.

In cases of guardianship of the minor or curatorship of the person with disabilities, the judge who has heard the file shall transmit testimony of the final decision to which he or she has heard of the appointment of guardian or curator, respectively, where it is a different decision.

CHAPTER III

Judicial intervention in cases of marital disagreement and in the administration of joint property

Article 90. Scope, competence, application and processing.

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

(a) Establish the matrimonial domicile or arrange for the usual dwelling and objects of ordinary use, if there is disagreement between the spouses.

(b) To establish the contribution to the burden of marriage, where one of the spouses fails to fulfil that duty.

(c) To carry out an act of administration in respect of common property, as the consent of both spouses is necessary, or for the performance of an act of disposition for a fee on them, because the other spouse is unable to lend it or is unjustifiably refused to lend it.

(d) To confer the administration of common property, where one of the spouses is prevented from consenting or has left the family or there is de facto separation.

(e) Performing acts of disposition on buildings, commercial establishments, precious objects or transferable securities, except the right of preferential subscription, if the spouse has the administration and, where appropriate, the disposition of common property by ministry of law or by court decision.

2. In cases concerning the allocation of the administration and disposition of common property to only one of the spouses, the judge may also agree on precautions and limitations, ex officio or at the request of the Public Prosecutor's Office when he or she is to intervene in the file.

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

The intervention of a lawyer or of a public prosecutor in order to promote and act in these cases shall not be mandatory, unless the judicial intervention was for the purpose of carrying out an act of an patrimonial nature with a value of more than 6,000 euros, in which case it will be necessary.

4. The judge shall hear the applicant, the non-applicant spouse, if any, and the other interested parties at the appearance without prejudice to the practice of any other evidence he considers relevant.

5. In these cases, the Public Prosecutor ' s Office shall be heard when the interests of minors or persons with disabilities are compromised with measures to support the exercise of their legal capacity.

TITLE IV

Cases of voluntary jurisdiction relating to successor law

CHAPTER I

From the albaceazgo

Article 91. Scope, competence, application and processing.

1. Where necessary under civil law, the provisions of this chapter shall apply:

1. In cases of resignation of the executor from his post or extension of the term of the executor.

2. For the removal of his post.

3.o For the accountability of the executor.

4. To obtain authorization for the executor to perform acts of disposition on property of the inheritance.

2. In order to act in these cases, the intervention of a lawyer or a prosecutor is not mandatory where the amount of the hereditary benefit is less than 6,000 euros.

3. The Court of First Instance of the last domicile or habitual residence of the deceased, or of which most of his estate is located in Spain, irrespective of his nature in accordance with the applicable law, or of the place where he died, provided that he was in Spain, at the choice of the applicant, shall be competent to hear such cases, the processing of which shall be in accordance with the common rules of this Law. In the absence of all of these, the Court of First Instance shall have jurisdiction over the place of the applicant's domicile.

4. The decision of these cases shall be taken by the Judge, except in the cases referred to in paragraph 1 of this Article, which shall be the responsibility of the Registrar.

CHAPTER II

Of the counters-participators

Article 92. Scope, competence, application and processing.

1. The provisions of this chapter shall apply:

(a) For the appointment of the break-off counter in the cases provided for in the Article 1057 of the Civil Code.

(b) In cases of resignation of the appointed estate partitioner or extension of the time limit set for the execution of its commission.

(c) For the approval of the partition by the meter-party when necessary because it has not been expressly confirmed by all heirs and legates.

2. In order to act in these cases, the intervention of a lawyer or a prosecutor is not mandatory where the amount of the hereditary benefit is less than 6,000 euros.

3. The processing and decision-making of these files, which shall be in accordance with the common rules of this Act and with the provisions of the Civil Codeshall be the responsibility of the judicial secretary of the Court of First Instance of the last domicile or habitual residence of the deceased, or of which most of his estate is held, irrespective of his nature in accordance with the applicable law, or of the place where he died, provided that he was in Spain, at the choice of the applicant. In the absence of all of these, the Court of First Instance shall have jurisdiction over the place of the applicant's domicile.

CHAPTER III

Acceptance and repudiation of inheritance

Article 93. Scope.

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

2. In any event, they shall require judicial authorization:

(a) Parents who exercise parental authority to disown inheritance or legacies on behalf of their children under the age of 16, or even if they are older than that age, without reaching the majority, do not consent.

(b) Guardians, representative curators and, where appropriate, legal defenders, to accept, without inventory benefit, any inheritance or legacy or to repudiate it.

(c) The creditors of the heir who has repudiated the inheritance to which he has been called to the detriment of them, to accept the inheritance in his name.

3. In addition, judicial approval will be necessary for the effectiveness of the repudiation of the inheritance carried out by the legitimate representatives of associations, corporations and foundations capable of acquiring.

Article 94. Competence, legitimation and application.

1. The Court of First Instance of the last domicile or, failing that, of the last residence of the deceased and, if it has been held in a foreign country, of the place of his last domicile in Spain or where most of his property is present, shall have jurisdiction to hear such cases, which shall be handled in accordance with the common rules of this law.

When a minor or a person with judicial measures to support persons with disabilities is called to inherit, the Court of First Instance of the place where they reside shall be competent to hear them.

2. This file may be promoted by the appeals for inheritance and by the creditors of the heir who has repudiated the inheritance.

If they are minors, they may be promoted by those who represent them and, failing that, by the Public Prosecutor ' s Office.

If disabled persons are provided with representative support measures for such acts, they can be promoted by those who exercise support.

It may also be promoted by the judicial counsel if he has not been given the authorization in the appointment.

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

4. In order to act in these cases, the intervention of a lawyer or a prosecutor is not mandatory where the amount of the hereditary benefit is less than 6,000 euros.

Article 95. Resolución.

1. The judge, taking into account the justification offered and valuing its advisability to the interests of those called to inherit, shall decide by granting or refusing the authorization or approval requested.

2. If authorization or approval has been requested to accept without benefit of inventory or repudiate the inheritance, if it is not granted by the judge, it may only be accepted for benefit of inventory.

3. The decision shall be subject to appeal on appeal with suspensive effect.

TITLE V

From voluntary jurisdiction cases relating to the right of obligations

CHAPTER I

Setting the deadline for the performance of obligations where appropriate

Article 96. Scope.

When, according to the Article 1128 of the Civil Code or any other legal provision, it is appropriate that the time limit for the performance of an obligation at the request of any of the subjects of the obligation be specified by court, the common rules of this Law shall be followed.

Article 97. Competition and application.

1. This case shall be dealt with and settled by the Judge of First Instance of the place of residence of the debtor. If the relationship between a consumer or user and an employer or professional and the latter is the debtor of the benefit, the jurisdiction may also be vested in the Judge of First Instance of the domicile of the creditor, at his or her choice.

2. The intervention of a lawyer or a prosecutor shall not be mandatory for the proceedings in this case.

3. If an objection is raised, the case file shall be contentious and the judicial registrar shall summon the persons concerned to a hearing, continuing the proceedings as scheduled for the oral trial.

CHAPTER II

Appropriation

Article 98. Scope, competence and application.

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

2. The Court of First Instance shall have jurisdiction over the place where the obligation must be fulfilled and, if it can be fulfilled in different places, any of them at the choice of the applicant. In the absence of such a decision, the debtor's domicile shall be the responsibility of the debtor.

3. The intervention of a lawyer or a prosecutor shall not be mandatory for the present case.

Article 99. Tramitación.

1. The person who promotes the judicial entry shall, in his application, state the particulars and circumstances of identification of the persons concerned in the obligation to which the entry relates, the domicile or domiciles in which they may be cited, and the reasons for the latter, all matters relating to the purpose of the consignment, its making available to the judicial body and, where appropriate, any request for its deposit.

It shall also prove that it has made the offer of payment, if any, and in any event the notice of the entry to the creditor and other interested parties.

The request shall make available the appropriate thing, without prejudice to the possibility that the promoter himself may subsequently be designated as depositary.

2. If the application does not meet the necessary requirements, the judicial secretary shall issue a decree declaring it and shall send back to the promoter what is stated.

Otherwise, if the request is accepted by the judicial registrar, the court shall notify the persons concerned of the existence of the consignment, for the purpose of withdrawing the due thing within 10 days or making any allegations they deem appropriate. It shall also take appropriate measures with regard to the deposit of the due thing.

3. When the persons concerned are brought forward with the withdrawal of the required item by expressly accepting the consignment, the judicial secretary shall issue a decree which is deemed to have been accepted, with the appropriate legal effect, ordering the cancellation of the obligation and, where appropriate, the guarantee, if so requested by the promoter.

4. If after the deadline they do not proceed to withdraw the due thing, make no allegation or reject the appropriation, the promoter shall be transferred to urge, within five days, the return of the appropriated item or the maintenance of the appropriation.

In the event that the promoter requests the return of the contents, the request shall be transmitted to the creditor for five days, and if he is authorized to withdraw it, the judicial secretary shall issue a decree agreeing to the file and the creditor shall lose any preference over the thing and the co-promotors and guarantors shall be released. If the matter is withdrawn by the sole will of the promoter, the file file shall remain bound.

Where the promoter urges the continuation of the assignment, the judicial secretary shall summon the promoter, the creditor and those who may be interested to appear before the judge, at which the evidence proposed and agreed shall be heard and carried out.

5. The judge, taking into account the justification offered, the obligation and the concurring in the provision of the relevant requirements, shall decide whether or not it is well done.

If the decision has been made for the sake of the consignment, it will produce the appropriate legal effects, the item will be delivered to the creditor and the obligation will be ordered to be cancelled if the promoter so requests. If not, the obligation shall continue and shall be returned to the promoter.

6. The expenses incurred in the appropriation shall be the creditor's account if it is accepted or declared to be well-done. Such expenses shall be borne by the promoter if the item is declared inappropriate or withdrawn.

TITLE VI

From voluntary jurisdiction cases relating to rights in rem

CHAPTER I

From the judicial authorization to the usufructaire to claim claims due from the usufruct

Article 100. Scope.

The provisions of this Chapter shall apply in cases in which the usufruct would claim and collect in itself the receivables due as part of the usufruct, where it is exempted from providing security or could not have constituted it, or if the usufruct was not sufficient and did not have the owner's authorization to do so, as well as to interest the capital obtained from such claim if it did not have the owner's agreement.

Article 101. Competition and application.

1. The Court of First Instance of the last domicile or, failing that, of the last residence of the applicant shall have jurisdiction to hear such cases, the processing of which shall be in accordance with the common rules of this Law.

2. The intervention of a lawyer or a prosecutor shall not be mandatory for the performance of these cases.

Article 102. Solicitud.

The file shall be initiated by application of the usufructaire, accompanied by documents or evidence proving his right, the existence of the expired claim sought or, where appropriate, the amount collected when making the claim and which he intends to place at the interest and the lack of authorization by the owner. Where it applies for authorisation to interest capital obtained after the receivable has expired, it shall provide sufficient guarantees to preserve its integrity.

Article 103. Processing and resolution.

1. Admitted to the proceedings by the judicial secretary, the application shall call for the appearance of the promoter, the owner and those who may be interested in the recovery of the claim, who shall be heard by this order. Thereafter, tests shall be carried out which have been proposed and agreed upon.

2. The judge, taking into account the justification offered and assessing the appropriateness of the recovery of the claim which is part of the usufruct or of the investment of the capital obtained, shall decide by granting or refusing the authorization requested.

If the authorization granted is to collect an expired claim forming part of the usufruct, the obligation of the usufructaire to report periodically, within the time limits granted, to the Tribunal on the steps taken, as well as on the final outcome shall be established.

However, if the authorization is to interest the capital obtained from the recovery of that claim, the decision must contain the guarantees to be established by the usufructuary to preserve the integrity of the capital.

CHAPTER II

From the file of unregistered estates

Article 104. Scope.

The provisions of this Chapter shall apply when it is intended to obtain the release of farms that were not registered in the Property Registry. In the case of registered estates, the provisions of the mortgage law shall apply.

They shall also not apply to buildings owned by the public authorities, which shall be carried out in accordance with their specific legislation.

Article 105. Competition, legitimation and application.

1. The Registrar of the Court of First Instance of the place where the estate was located or most of it shall be competent to hear this case.

2. The file shall be initiated at the request of the owner of the domain of the estate or, if there are several, of any of them, or of the holder of any real right of use and enjoyment thereof.

3. In the course of the processing of this file, the intervention of a lawyer shall be mandatory if the value of the estate is greater than 6,000 euros.

Article 106. Request and processing.

1. The file shall be opened by written form setting out the circumstances of both the estate to be demarcated and the adjacent estates, as well as the identifying information of the holders of one or the other, including the cadastral ones, with their domicile if known to the applicant. Where the requested delineation does not relate to the entire perimeter of the estate, the part to be contracted shall be determined. For neighbouring farms that appear in the Register of Property, registration certification must also be provided.

In any event, the applicant shall provide the descriptive and graphic cadastral certification of the estate which is the subject of the delineation and of the adjacent estates, as well as the documents or supporting documents which form the basis of his claim. In addition, in case the promoter states that the cadastral graphic representation does not match that of the requested delinde, it must provide georeferenced graphic representation of the requested delinde. In any case, the alternative graphic representation must respect the rest of the delimitation of the affected farms resulting from cadastral cartography in the area not affected by the landslide. Such graphic representation shall be duly georeferenced and subscribed by competent technician, so that it may be incorporated into the Cadastre once the delinding has been carried out.

2. The Registrar, who has accepted the application, shall inform all interested parties of the initiation of the file, who may, within 15 days, make the allegations and submit the evidence they deem appropriate. After the deadline, the judicial registrar shall transmit to those interested parties all the documentation provided and shall summon them to the act of delinding to be held within thirty days in order to seek compromise between them.

The practice of slinging shall not be suspended because of the lack of assistance of any of the neighbouring owners, and their right to sue, in the appropriate declaratory judgment, for possession or ownership of which they believed to be stripped by virtue of the sling shall be protected. Similarly, if before the appearance, the owner of any of the neighbouring estates opposes the delining, he will file the file in relation to the part of the estate bordering on that of the opponent, reserving to the parties his right to exercise it in the appropriate declaratory trial, and will continue with the rest.

Article 107. Resolución.

1. If the agreement is reached, among all or part of the parties concerned, the judicial registrar shall record in a record all that is agreed and that the act ended with total or partial compromise with respect to any or all of the boundaries, as well as the terms thereof, and shall be signed by the participants. If no agreement could be reached, it would be noted that the act ended without compromise.

2. After the act has been completed, the Judicial Registrar shall issue a decree stating the compromise, or that it was partial to any or all of the boundaries, or that it was held without compromise, agreeing to the final disposition of the proceedings. The act and, in any case, the descriptive and graphic cadastral certification will be incorporated into the decree and, in the case of disagreement with it, the alternative graphic representation provided.

3. The judicial secretary shall transmit testimony of the act and of the decree to the Cadastre for the purpose of carrying out the cadastral changes, if any, in accordance with its regulations.

TITLE VII

From voluntary auction files

Article 108. Scope.

The provisions of this Title shall apply provided that, outside the procedure of constraint, the sale by auction of certain goods or rights, at the request of the person concerned, is to be effected.

Article 109. Competition and application.

1. The jurisdiction of the Court of First Instance corresponding to the domicile of the holder, and if there are several holders, that of either of them. In the case of immovable property, the place where the property is situated shall be competent.

2. The intervention of a lawyer and a prosecutor shall not be mandatory for the proceedings in this case.

Article 110. Solicitud.

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

(a) Those that permit proof of the legal capacity to hire the applicant.

(b) Those who demonstrate their power of disposition over the subject matter or right of the auction. In the case of registered goods or rights, registration certification of domain and charges shall be accompanied.

(c) The particular solicitation documents under which the auction is to be held and where the valuation of the goods or rights to be auctioned will be collected.

2. If there are tenants or occupants of the property in question, the applicant shall identify them in his initial application, in such a case, in the manner prescribed in article 661 of the Convention. Civil Procedure Act.

3. The application may be made to the judicial registrar to agree on the sale of the property or right by a specialized person or entity. If deemed appropriate, the judicial registrar shall agree to such a sale subject to the provisions of article 641 of the Convention. Civil Procedure Act as soon as it is compatible with the provisions of this Title.

Article 111. Tramitación.

1. Before deciding on the application, the Registrar shall consult the Public Registry for the purposes provided for in the special legislation.

2. In the light of the documentation, it shall decide as appropriate on the holding of the auction.

If the Registrar agrees to its provenance, the Registrar shall inform the Public Registry of the existence of the file with express specification of the tax identification number of the holder of the natural or legal person whose property is to be auctioned. The Public Registry shall notify the Court that it is hearing the file of the practice of any entry carried out associated with the tax identification number notified for the purposes provided for in the insolvency law.

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

3. If it is to be held, in the case of the auction of immovable property or property registered in the Register of Property or movable property subject to a registration regime similar to those of the property or movable property, the Court Secretary shall apply for electronic certification of ownership and charges. The Registrar of the property shall issue the certification with continuous information on an equal basis and shall record this circumstance by note outside the good or right. This note shall have the effect of indicating the status of sale by auction of the property or right and shall expire six months from its date unless the Registrar has previously notified the Registrar of the closure of the file or its suspension, in which case the time limit shall be calculated after the Court Registrar has notified its resumption.

The Registrar shall immediately notify the Judicial Secretary and the Auction Portal of the State Agency of the State Official Gazette of the fact that another or other titles affecting or modifying the initial information have been submitted.

The auction portal will collect the information provided by the Register immediately for transfer to those who consult its contents.

4. The auction shall in any case be conducted electronically on the Auction Portal of the State Agency Official Gazette of the State, under the responsibility of the Judicial Secretary, and the provisions of the Act shall therefore apply. Civil Procedure Act in this regard, as soon as they are compatible with the provisions of this Title.

5. The publicity and holding of the auction shall be in accordance with the provisions of the Civil Procedure Act in all matters not covered by the particular specifications. The specifications shall be expressed in the edicts.

6. At the end of the auction, the judicial secretary shall, by decree, approve the auction in favour of the sole or highest bidder, provided that it covers the minimum rate fixed by the applicant or has not expressly reserved the right to approve the auction, in which case he or she shall be given the opportunity to request what interests him or her within three days. The same notice shall be given to him in the event that a tenderer makes the offer to accept the auction by modifying some of the conditions.

If the applicant approves the auction or accepts the proposal, the auction shall be decided on the basis of approval of the auction in favour of the tenderer.

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

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

TITLE VIII

From voluntary commercial jurisdiction files

CHAPTER I

From the display of books of persons obliged to keep accounts

Article 112. Scope.

The display of books, documents and accounting documents of the person obliged to carry them, in cases where they are in accordance with the law and within the scope they determine, may be requested by this file, provided that there is no special rule applicable to the case.

Article 113. Competition and application.

1. The jurisdiction of the Commercial Court shall be that of the domicile of the person liable to be shown, or of the establishment to whose accounts the books and documents of which the exhibition is concerned relate.

2. In the processing of these cases, the intervention of a lawyer and a prosecutor shall be mandatory.

Article 114. Tramitación.

1. The application shall be processed in accordance with the common rules regulated by this Law, stating the right or legitimate interest of the applicant and specifying the entries to be examined or their content as accurately as possible, as well as the object and purpose of the application.

If the application is granted by the Registrar, the Registrar shall summon to the Judge those who are to intervene in the case. The judge shall decide on the application on the grounds of reason at the appearance itself, being subsequently documented by the judicial registrar, or within five days of its completion by order.

2. If the request is considered, it shall be ordered that the books and documents to be examined be disclosed, specifying the scope of the exhibition, requiring for this purpose the obliged person and indicating the day and time for the exhibition. If a specific timetable is requested by the requested person in order not to disrupt his activities, the judge shall agree as appropriate, having regard to the persons concerned. On a reasoned basis, and exceptionally, the judge may request that the books or their computer support be presented to the court, provided that the entries to be examined are specified.

Article 115. Way to make the exhibition.

1. The person obliged to exhibit has the duty to collaborate and facilitate access to the documentation required for the applicant to conduct his/her examination.

2. The exhibition shall be made before the judicial secretary at the home or establishment of the person obliged to keep the books, or through their computer support if so agreed, and the applicant may examine the books, documents or media specified by himself or with the assistance of the experts whom he has designated in his application and which the judge has authorized, and the judicial secretary may issue an account of the proceedings.

Article 116. Coercive fines.

1. If the person obliged to exhibit is unjustifiably denied, obstructs or violates the duty to cooperate and facilitate access to the requested documentation, he shall be required by the judicial secretary, at the request of the applicant, to do so and to refrain from repeating the breach, warning the imposition of a fine and committing an offence of disobedience to the judicial authority.

2. If the breach persists, the judicial secretary may, after hearing the person requested, impose by decree and in compliance with the principle of proportionality, periodic penalty payments of up to 300 euros per day, which shall be entered into the Public Treasury.

In determining the amount of the fine, the judicial registrar shall take into account the circumstances of the act in question and any damage which may have been caused to the other party concerned.

CHAPTER II

The call for general meetings

Article 117. Scope.

The file provided for in this chapter shall be applied in all cases where the law allows the request for the convening of a general meeting, whether ordinary or extraordinary.

Article 118. Competition, legitimation and application.

1. The Commercial Court shall have jurisdiction over the registered office of the entity to which reference is made.

2. The call may be requested by anyone who is entitled to do so by the relevant laws.

3. The intervention of a lawyer and a prosecutor shall be mandatory for the proceedings in this case.

Article 119. Tramitación.

1. The file shall be initiated by written request for the meeting to be convened, which shall record the compliance with the requirements legally required in each case, accompanied by the statutes, documents justifying the legitimation and compliance with those requirements.

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

3. The letter may also request that a chair and secretary be appointed to the Board other than those which are statutoryly appropriate.

4. If the application is granted, the judicial secretary shall indicate the date and time of the appearance, and the administrative body shall be summoned.

5. If he agrees to the request, he shall convene the general meeting within one month of the request being made, indicating the place, day and time for the holding, as well as the agenda, and shall appoint the chairman and secretary of the meeting. The place established must be that set out in the Statutes, and if it is not, it must be within the municipality where the company's domicile is located.

If an ordinary and extraordinary meeting is requested simultaneously, it may be agreed that it shall be held jointly.

There shall be no appeal against the decree agreeing to the convening of the general meeting.

6. Once the decision has been accepted by the person appointed to preside over it, the decision calling the board shall be notified to the applicant and the administrator.

In the event of non-acceptance by the designated person, the judicial secretary shall appoint another to replace the designated person.

CHAPTER III

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

Article 120. Scope.

In all cases where the law provides for the possibility of requesting the appointment of a liquidator, auditor or financial controller from the Judicial Secretary, the file provided for in this Chapter shall be followed.

The same file shall be followed for the revocation or termination of appointments, where necessary by the Judicial Registrar.

Article 121. Competition, legitimation and application.

1. The competence to appoint a liquidator, auditor and financial controller shall be vested in the Commercial Court of the registered office of the entity to which reference is made.

2. The appointment of a liquidator, auditor or financial controller may be requested by the relevant laws.

3. In the processing of these cases, the intervention of a lawyer and a prosecutor shall be mandatory.

Article 122. Tramitación.

1. The file shall be initiated by means of a written request for the appointment of a liquidator, auditor and financial controller, and the requirements legally required in each case shall be recorded, accompanied by the supporting documents.

2. After examining the application and the documentation provided, the Registrar shall call for a hearing, citing those concerned who, in accordance with the law, are required to intervene in the case file. Managers who have not promoted the file shall be summoned to such appearance and shall be sent the application form.

Article 123. Resolution and acceptance of the position.

1. The case shall be decided by a decree of the Registrar, which he shall issue within five days of the end of the appearance.

2. The decision shall be notified to those appointed for the acceptance of the post. Once the appointment has been accepted, they will be provided with appropriate accreditation.

3. The testimony of the decision shall be forwarded to the relevant Commercial Registry for registration.

CHAPTER IV

The reduction of equity and the amortisation or disposal of shares or shares

Article 124. Scope, competence and application.

1. In all cases where the law provides for the possibility of requesting the judicial secretary to reduce the share capital or the amortization or disposal of the shares or shares of a company, the general file provided for in this Law shall be followed.

2. The jurisdiction of the Commercial Court shall be that of the registered office of the entity to which reference is made.

3. In the processing of these cases, the intervention of a lawyer and a prosecutor shall be mandatory.

CHAPTER V

The judicial dissolution of companies

Article 125. Scope.

The file regulated in this Chapter shall apply to the judicial dissolution of a company in cases where it is in accordance with the law.

Article 126. Competition, legitimation and application.

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

2. They are entitled to call for the judicial dissolution of the company by the administrators, the partners and any interested party.

3. In the processing of these cases, the intervention of a lawyer and a prosecutor shall be mandatory.

Article 127. Tramitación.

1. The file shall be initiated by means of a letter stating that the requirements laid down by law for the judicial dissolution of the company are met and accompanying the documents supporting the application.

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

2. The Registrar shall transmit the brief to the administrators, if they have not promoted the file, and shall call for a summons by summoning them and other interested parties who, in accordance with the law, are required to intervene in the file.

Article 128. Resolución.

1. The judge shall decide the case by order within five days of the end of the appearance.

2. Where the judge declares the company dissolved, the order shall include the designation of the persons to be liquidators, and a testimony thereof shall be sent to the relevant commercial register for registration.

CHAPTER VI

The call of the General Assembly of Obligationists

Article 129. Scope.

The file provided for in this chapter shall apply in all cases where the laws permit the request for the convening of a general meeting of bondholders.

Article 130. Competition, legitimation and application.

1. The Commercial Court shall have jurisdiction over the registered office of the entity issuing the obligations.

2. The call may be requested by a person who is entitled to do so in accordance with the legal system.

3. The intervention of a lawyer and a prosecutor shall be mandatory for the proceedings in this case.

Article 131. Tramitación.

1. The file shall be initiated by written request for the convening of the assembly, which shall record the attendance of the requirements legally required in each case, accompanying the social statutes and, where appropriate, the union regulations, the documents justifying the legitimation and the fulfilment of those requirements.

If the request is granted, the judicial secretary shall indicate the date and time of the appearance, to which he shall refer the commissioner appointed in the letter of issue and the promoters of the assembly.

2. After the appearance, he shall issue a decree in which, if appropriate, he shall convene the general assembly of bondholders for the formation of the Trade Union of Obligationists, being able to appoint a new commissioner to replace the one who would not have fulfilled his obligation to convene the assembly.

There shall be no appeal against the decree agreeing to the convening of the general assembly.

3. The judicial secretary shall convene the assembly within one month of the application, indicating the place, day and time of the meeting, as well as the agenda, in accordance with the union's rules of procedure and the content of the application.

CHAPTER VII

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

Article 132. Scope.

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

Article 133. Competition, legitimation and application.

1. The Commercial Court of the place of payment shall have jurisdiction in the case of a credit certificate, the place of deposit in the case of deposit certificates, or the place of residence of the issuing entity where the securities are transferable securities, as appropriate.

2. Legitimate holders of titles that have been deprived of them, as well as those who have suffered their destruction or loss, shall be entitled to initiate the file regulated in this Chapter.

3. The intervention of a lawyer and a prosecutor shall be mandatory for the proceedings in this case.

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

1. The legitimated under the preceding article may, if its value is admitted to trading in any stock exchange or other official secondary market, address the Governing Society of the official secondary market corresponding to the domicile of the issuing entity to report the theft, theft, destruction or loss of title.

2. The Governing Society of the relevant official secondary market shall communicate it to the other Governing Companies, which shall publish it on the notice board to prevent the transmission of the title or titles concerned. The complaint shall also be published in the Single Edictal Judicial Board and, if requested by the complainant, in a newspaper of great circulation of his choice.

3. The complainant shall request the initiation of the file regulated in this Chapter within a maximum period of nine days from the date of the formalisation of the complaint.

4. If the Official Secondary Market Steering Company is not notified of the opening of the file, it shall lift the interdiction of the securities, inform the Governing Companies of the remaining official exchanges or markets and make it public by placing them on the notice board.

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 135. Tramitación.

1. The file shall be initiated by means of a letter in which the person concerned shall justify his standing in order to promote it. If the dispossession of the value has been reported to the Governing Company of the corresponding official secondary market, it must be recorded, stating the date of the submission of the complaint.

2. On the basis of the file, the Registrar shall inform the issuer of the securities and, in the case of a title admitted to trading, the Governing Company of the relevant official secondary market, for the purposes set out in the preceding article.

3. The judicial secretary shall agree on the announcement of the opening of the file in the Official Gazette of the State and in a newspaper of great circulation in his province and shall arrange for the summons of anyone who may be interested in the file.

4. After the appearance, the Judicial Registrar shall issue a decree prohibiting the negotiation or transfer of securities, suspension of payment of capital, interest or dividends, or deposit of the goods, as appropriate in accordance with the title in question and, where appropriate, shall ratify the prohibition of negotiation agreed by the Governing Society of the relevant official secondary market.

5. Without prejudice to the provisions of the preceding paragraph, where the title of tradition is concerned, the goods shall not be deposited if they are impossible, difficult or very costly to maintain or run the risk of serious deterioration or significantly reduced value. In such a case, the court Registrar shall require the carrier or the depositary, after hearing the holder of the title, to deliver the goods to the applicant if the applicant has provided sufficient security for the value of the goods deposited, plus any damages to the holder of the title if it is subsequently established that the applicant was not entitled to delivery.

6. At the request of the applicant, the judicial secretary may appoint an administrator for the exercise of the rights of assistance and voting of the general and special shareholders' meetings for securities that were transferable, as well as for the challenge of social agreements. The remuneration of the appointed person shall be borne by the applicant.

7. After the six-month period has elapsed without controversy, the judicial secretary shall authorize the person who promoted the file to collect the proceeds produced by the certificate and shall inform the issuer, at his request, of the amount so that it may be paid.

The Registrar may, if he deems it appropriate, require the recipient of the proceeds to pay back the proceeds.

8. After one year without opposition, the Registrar shall order the issuer to issue new securities to be handed over to the applicant.

9. In no case shall the title or securities be annulled if the current holder objecting to them has acquired them in good faith in accordance with the law governing the circulation of the title itself.

In the event that the title or titles are not cancelled, the person who was a legitimate holder at the time of loss of possession shall have the appropriate civil or criminal actions against the person who acquired the document in bad faith.

CHAPTER VIII

The appointment of expert in insurance contracts

Article 136. Scope.

The file covered by this Chapter shall apply where in the insurance contract, under its specific legislation, there is no agreement between the experts appointed by the insurer and the insured person to determine the damage caused and those who are not in conformity with the designation of a third party.

Article 137. Competition, legitimation and application.

1. The Commercial Court of the place of residence of the insured person shall be competent to hear this file.

2. This file may be promoted by either or both parties to the insurance contract.

3. In the handling of this file, the intervention of a lawyer and a prosecutor is not mandatory.

Article 138. Tramitación.

1. The file shall be opened by written form submitted by any of the interested parties stating the fact of the disagreement of the experts appointed by the interested parties to assess the damage suffered, requesting the appointment of a third expert. The insurance policy and expert opinions shall be accompanied by the written statement.

2. The application shall be submitted to a hearing, at which the Registrar shall call on the persons concerned to agree on the appointment of another expert and, if there is no agreement, shall appoint him in accordance with the rules of Civil Procedure Act.

3. Once the appointment has been verified, the nominee shall be informed to state whether or not he accepts the appointment, which he may perform on the basis of just cause.

4. Once the post has been accepted, he shall be appointed accordingly and the opinion shall be delivered within thirty days, which shall be entered in the file, and the case shall be terminated.

TITLE IX

Conciliation

Article 139. Origin of the conciliation.

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

The use of this file for purposes other than those provided for in the preceding paragraph, which would constitute a manifest abuse of law or involve fraud of law or procedure, will result in the non-admission of the petition.

2. Requests for conciliation made in connection with:

1. Trials involving minors and persons with disabilities with support measures for the exercise of their legal capacity.

2. The trials in which the State, the Autonomous Communities and other public administrations, corporations or institutions of the same nature are concerned.

3. The process of claiming civil liability against Judges and Judges.

4. In general, those promoted on matters that are not subject to compromise or compromise.

Article 140. Competencia.

1. The Justice of the Peace or the Judicial Secretary of the Court of First Instance or of the Commercial Court shall have jurisdiction to hear acts of conciliation, in the case of matters within their competence, of the domicile of the person sought. If he did not have it in national territory, that of his last residence in Spain. Notwithstanding the foregoing, if the amount of the petition is less than 6,000 euros and it is not a question of matters attributed to the Commercial Courts, the jurisdiction, if any, shall fall to the Magistrates.

If the requested person is a legal person, the place of domicile of the applicant shall also be competent, provided that the requested place of residence, branch office, establishment or office is open to the public or representative authorised to act on behalf of the entity, and that such circumstances must be established.

If, upon the completion of the corresponding inquiries into the domicile or residence, the latter were unsuccessful or the conciliation request was located in another judicial party, the judicial secretary shall issue a decree or the Magistrate's Office shall terminate the file, stating this circumstance and reserving to the applicant for the conciliation the right to promote the file again before the competent court.

2. If questions arise within the jurisdiction of the court or of the challenge of the judicial secretary or justice of the peace to whom the act of conciliation takes place, the appearance shall be deemed to have been tried without further formalities.

Article 141. Solicitud.

1. A person seeking conciliation shall submit to the competent body a written request setting out the details and circumstances of identification of the applicant and of the requested or required conciliation, the domicile or domicile in which they may be cited, the object of the conciliation sought and the date, clearly and precisely determining the object of the compromise.

The applicant may also make an application for conciliation by completing standard forms which are available to him or her in the appropriate body for that purpose.

2. Such documents as the applicant deems appropriate may be accompanied by the application.

3. In conciliation proceedings, the intervention of a lawyer or a prosecutor shall not be mandatory.

Article 142. Admission, marking and subpoena.

1. Within five working days of the date on which the application is made, the judicial registrar or justice of the peace shall issue a decision on the admission of the application and shall summon the persons concerned, indicating the date and time on which the act of conciliation is to take place.

2. Between the summons and the act of conciliation they must be at least five days. In no case may the conclusion of the conciliation act be delayed more than 10 days after the acceptance of the application.

Article 143. Effects of admission.

The submission with subsequent admission of the conciliation application shall interrupt the prescription, both purchasing and extinguishing, in the terms and with the effects established in the law, from the time of its submission.

The statute of limitations will be re-counted once the decree of the judicial secretary or order of the Justice of the Peace has been issued, putting an end to the file.

Article 144. Appearance to the act of conciliation.

1. The parties must appear by themselves or through the Attorney-General, the rules on representation set out in Title I of Book I of the Convention being applied. Civil Procedure Act.

2. If the applicant fails to appear or to plead a fair cause for failure to attend, the applicant shall be dismissed and the file shall be filed. The applicant may claim compensation from the applicant for the damages caused by his appearance, if the applicant does not prove that his non-appearance was due to a just cause. The applicant shall be transferred for five days, and the judicial registrar or the Justice of the Peace shall decide without further appeal, setting the appropriate compensation where appropriate.

3. If the person requested to conciliate does not appear or plead a just cause for not attending, the act shall be terminated, with conciliation being sought for all legal purposes. If, with several requests, only one of them is present, the act will be held with him and conciliation will be considered as an attempt in respect of the others.

4. If the judicial registrar or the justice of the peace, if any, considers the just cause invoked by the applicant or requested to avoid attending, a new day and time shall be indicated for the holding of the conciliation act within five days of the decision to suspend the act.

Article 145. Commencement of the conciliation act.

1. In the conciliation act, the applicant shall make his or her complaint, stating the grounds on which he or she supports it; the requested party shall respond to what he or she deems appropriate and may present or provide any document on which his or her claims are based. If there is no compromise between the parties concerned, the judicial registrar or the Justice of the Peace shall endeavour to agree upon them, allowing them to replicate and counter-replicate, if they wish and facilitate the agreement.

2. If any question is raised that might prevent the successful continuation of the conciliation act, the act shall be terminated and the conciliation shall be deemed to have been attempted without further formalities.

3. If there is agreement between the parties concerned in whole or in part of the subject-matter of the conciliation, the minutes shall record in detail all that they agree, and that the act ended with compromise and the terms thereof, and shall be signed by the participants. If no agreement could be reached, it would be noted that the act ended without compromise.

4. The performance of the appearance shall be recorded, if possible, in a suitable medium for the recording and reproduction of sound and image, in accordance with the provisions of the Civil Procedure Act. After the act has been completed, the Judicial Registrar shall issue a decree or the Justice of the Peace shall issue an order stating the compromise or, where appropriate, that it was attempted without effect or that it was conducted without compromise, with the final closing of the proceedings.

Article 146. Testimony and expenses.

The parties may request testimony from the minutes ending the conciliation act.

The costs incurred by the conciliation act shall be borne by the person promoting it.

Article 147. Ejecución.

1. For the purposes of Article 517.2.9 of the Treaty Civil Procedure Actthe testimony of the minutes together with that of the decree of the Judicial Registrar or of the order of the Justice of the Peace stating the agreement of the parties to the act of conciliation shall be executed.

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

2. The same court that dealt with conciliation in matters falling within the jurisdiction of the court itself shall have jurisdiction for execution. In other cases, the Court of First Instance shall have jurisdiction to execute the application.

3. Implementation shall be carried out in accordance with the provisions of the Civil Procedure Act for the enforcement of judicially approved judgments and agreements.

Article 148. Action for annulment.

1. An action for annulment may be brought against the agreement reached in the conciliation proceedings only on grounds that render the contracts invalid.

2. The application shall be brought within 15 days of the conciliation being concluded before the competent court and shall be dealt with in the proceedings of the proceedings corresponding to the matter or amount of the case.

3. The application for annulment shall be confirmed and the execution of the agreement in the conciliation act shall be suspended until it is definitively decided on the action.

Additional provision one. References in the legislation.

1. References made by laws of a date prior to this date to the jurisdiction of the judge in matters of voluntary jurisdiction shall be deemed to have been made to the judge or to the judicial secretary in accordance with Article 2(3) of this Law.

Also, references in pre-regime rules to this Act relating to the Civil Procedure Act in matters of voluntary jurisdiction, this Act shall be deemed to have been applied to.

2. References in pre-status rules to separation or divorce by the courts shall be deemed to be made to legal separation or divorce. In the same sense, the existing references to ‘de facto separation by mutual agreement which is confirmed’ must be understood as notarized separation.

3. References made in this Act to Civil Code or civil law must also be understood to have been applied to foreign or special civil laws wherever they exist.

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

1. The file for the establishment of the care of minors shall be governed by the common provisions laid down in this Act, with the following specialities:

(a) When it requires a judicial decision, it shall be promoted by the Public Prosecutor ' s Office or by the relevant public body, and shall contain the proposal submitted by the Public Prosecutor ' s Office in accordance with the provisions of civil law.

The judge shall seek the consent of the public body, if it is not the promoter of the file, of the persons receiving the minor; and of the latter, if he or she is over 12 years of age, as well as of the parents who are not deprived of parental authority or suspended in the exercise of parental authority or, where appropriate, of the guardian.

The parents may not plead in the file whether or not there was a cause of help or whether, if there was, the rehabilitation was subsequently mediated.

With the consent of the child and with the necessary reservation, the child shall be given a decision in the interest of the child within five days.

(b) Where the domicile or whereabouts of the parents or guardians has not been known, the means provided for in article 156 (1) of the Convention have been exhausted; Civil Procedure Actor if they do not appear in person, the procedure shall be dispensed with and the judge shall decide on the placement.

(c) If the parents inform the Court that they are hearing the relevant file that they intend to challenge the declaration of abandonment by making a complaint, or to promote the procedure for rehabilitation purposes, the Registrar, with suspension of the file, shall indicate the twenty-day time limit for the filing of the application. When the application has been lodged, the Court may suspend the file until such proceedings have been decided. If the application is not filed within the time limit set, the Registrar shall continue the processing of the case file.

2. The file on the cessation of the judicially agreed placement shall be initiated on its own initiative or at the request of the minor, his legal representative, the Public Entity, the Public Prosecutor ' s Office or of the persons who have received him.

After hearing from the Public Entity, the minor, his legal representative and those who have received him, and after receiving a report from the Public Prosecutor's Office, the judge shall decide what he deems appropriate within five days.

3. The file for taking action in all cases concerning the relations of minors in foster care with their parents, grandparents and other relatives and relatives shall be submitted to the Court of First Instance of the seat of the Public Entity entrusted with the protection of the child. However, if the placement has been established by a court decision, the court of first instance, which has agreed, shall have jurisdiction to hear the case file.

The minor, both parents, individually or jointly, their grandparents and other relatives and relatives are entitled to promote this file.

If the judge considers the adoption of measures to be appropriate, the decision shall establish the regime for the minor's stay, relationship and communication with the applicant or applicants, as well as other measures relating to their relations and relevant in the case.

4. This regime will apply until the entry into force of the laws amending the child and adolescent protection system.

Additional provision three. Registration in public registers of foreign public documents.

1. A foreign public document not issued by a judicial body is a title to register the act or act in which it bears witness provided that it fulfils the following requirements:

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

(b) That the foreign authority has intervened in the preparation of the document by performing functions equivalent to those performed by the Spanish authorities in the matter in question and has the same or more close effects in the country of origin.

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

(d) The registration of the foreign document is not manifestly incompatible with Spanish public policy.

2. The legal regime provided for in this Article for decisions rendered by foreign non-judicial authorities shall apply to decisions rendered by foreign judicial bodies in matters falling within the competence of this law to the knowledge of Spanish non-judicial authorities.

Additional provision four. Notary and registry tariffs.

The Government shall approve within three months of its publication in the Official Gazette of the State the tariffs corresponding to the intervention of the Notaries and Registrars of Property and Mercantile in respect of matters, minutes, public deeds, records, facts and acts in which they are competent in accordance with the provisions of this Law.

In any event, the fee for the notarial appointment of experts provided for in the rules of the insurance contract shall be charged without regard to the amount of the business concerned.

Additional provision 5. Amendments and regulatory developments.

The Government shall carry out such amendments and regulatory developments as may be necessary for the implementation of this Act.

Additional provision 6. No increase in spending.

The measures included in this rule shall not entail an increase in the number of staff, remuneration or other staff costs.

Transitional provision 1st. Records in progress.

The files covered by this Act which are in the process of being processed at the time of its entry into force will continue to be processed in accordance with the previous legislation.

Transitional provision 2nd. Inheritance abintestato in favor of the public administration.

1. Statements of heir abintestato in favour of the Administration which are in the process of the entry into force of this law will continue to be processed, until their resolution, in accordance with the previous legislation, by the judicial bodies that are being heard by them.

2. The distribution of the relict in the estates in favour of the General Administration of the State shall be carried out in accordance with the previous legislation when the corresponding summons has been published in the Official Gazette of the State at the time of the entry into force of this Law.

Transitional provision 3 Voluntary auction records.

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

Transitional provision 4 Adoption and marriage records.

1. Adoptions that commence until the entry into force of the Act amending the system of protection of children and adolescents shall be governed by the provisions of the Act on the Protection of Children and Adolescents. Civil Procedure Act approved by Royal Decree of 3 February 1881.

2. Marriage records which are initiated before the full entry into force of the Convention Law 20/2011 of 21 July 2011the Civil Registry will continue to be processed by the Registrar of Civil Registry in accordance with the provisions of the Civil Code and of the Civil Registry Act of June 8, 1957.

The marriage file, which is settled favourably by the registrar, may be concluded, at the choice of the parties, before:

1. The Judge in charge of the Civil Registry and the Justices of the Peace by delegation of the latter.

2.° The Mayor of the municipality where the marriage or councillor is celebrated to whom the marriage delegates.

3. The judicial or notary secretary freely chosen by both parties who are competent at the place of celebration.

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

The consent must be given in the manner provided for in Civil Code and on the Civil Registry Act of 8 June 1957, with the specialities laid down in this provision.

A marriage concluded before the Registrar of the Civil Registry, Justice of the Peace, Mayor or Councillor to whom the Registrar delegates or to the Registrar of the Judiciary shall be recorded in the record; the marriage to be held before the Notary shall be recorded in public record. In both cases it must be signed, in addition to the one before which it is celebrated, by the contracting parties and two witnesses.

With the approval of the act or the authorization of the public deed, each of the contracting parties shall be given a copy of the marriage and shall be sent by the authorizing officer, on the same day and by telematic means, testimony or electronic authorized copy of the document to the Civil Registry for registration, subject to the qualification of the registrar.

Transitional provision fifth. Marriages celebrated by the evangelical, Jewish and Islamic religious denominations and by which they have obtained recognition as a notorious root in Spain.

1. Until the entry into force of the fifth final provision of this law, the provisions of the Act shall apply to the evangelical religious marriage. Article 7 of the State Cooperation Agreement with the Federation of Evangelical Religious Entities of Spain, approved by Law 24/1992 of 10 November 1992with the exception of Article 7 (5), which shall be worded as follows:

‘5. Once the marriage has been concluded, the minister of official worship shall issue an express certification of the celebration of the marriage, with the necessary requirements for its registration and the particulars of the identity of witnesses and the circumstances of the previous record which shall necessarily include the name and surname of the registrar or diplomatic or consular officer who has extended it. This certification shall be sent by electronic means, in the form to be determined by regulation, together with the certification of the status of minister of worship, within five days to the competent registrar for registration. He shall also make the two copies of the decision expressative diligence of the celebration of the marriage by handing one over to the spouses and shall keep the other as a record of the celebration in the file of the official or of the religious entity he represents as minister of worship.’

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

‘5. Once the marriage has been concluded, the minister of official worship shall issue an express certification of the celebration of the marriage, with the necessary requirements for its registration and the particulars of the identity of the witnesses and the circumstances of the file which shall necessarily include the name and surname of the registrar or diplomatic or consular officer who has extended it. This certification shall be sent by electronic means, in the form to be determined by regulation, together with the certification of the status of minister of worship, within five days to the competent registrar for registration. He shall also make the two copies of the previous decision on matrimonial capacity express diligence in the celebration of the marriage by handing over one to the spouses and shall keep the other as a record of the celebration in the file of the official or of the religious entity representing him as minister of worship.’

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

‘3. Once the marriage has been concluded, the representative of the Islamic Community in which the marriage was contracted shall issue an express certification of the conclusion of the marriage, with the necessary requirements for its registration and the particulars of the circumstances of the case file, which shall necessarily include the name and surname of the registrar or diplomatic or consular officer who has extended it. This certification shall be sent by electronic means, in the manner to be determined by regulation, together with the certification of the capacity of the representative of the Islamic Community to enter into marriages, in accordance with Article 3 (1), within five days to the competent Registrar of the Civil Registry for registration. It shall also make the two copies of the previous decision on matrimonial capacity express diligence in the celebration of the marriage, handing over one to the spouses and keep the other as a record of the celebration in the Community archives.'

4. Until the entry into force of article 58 bis of Law 20/2011 of 22 July 2011 on the Civil Registry, the celebration of marriage in the religious form provided for by the churches, denominations, religious communities or federations thereof, which, registered in the Registry of Religious Entities, have obtained the recognition of a notorie arraigo in Spain, shall require the prior determination of matrimonial capacity. Once this procedure has been completed, the Civil Registry Officer or diplomatic or consular officer who has intervened shall issue two copies of the decision, which shall in any case include proof of the trial of the marital capacity of the spouses, to be handed over by them to the minister of worship responsible for the celebration of the marriage.

Consent must be given to a minister of worship and two witnesses of legal age. In such cases, consent must be given within six months of the issue of the certificate of matrimonial capacity.

To this end, ministers of worship are considered to be natural persons engaged, on a stable basis, in the functions of worship or religious assistance and who demonstrate that these requirements are fulfilled by certification issued by the church, confession or religious community that has obtained recognition of the notorious arraigo in Spain with the agreement of the Federation that, if necessary, has applied for such recognition.

Upon the conclusion of the marriage, the official shall issue an express certificate of the celebration of the marriage, with the necessary requirements for its registration and the particulars of the identity of witnesses and the circumstances of the previous record, which shall necessarily include the name and surname of the registrar or diplomatic or consular officer who has issued it. This certification shall be sent by electronic means, in the form to be determined by regulation, together with the certification of the status of minister of worship, within five days to the competent registrar for registration. He shall also make in the two copies of the previous decision of matrimonial capacity an expressive diligence of the celebration of the marriage by handing one over to the spouses and shall keep the other as a record of the celebration in the file of the official or of the religious entity he represents as minister of worship.

Single derogation provision. Repeal of rules.

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

2. Article 316 of the Convention is repealed. Civil Code.

3. Repeal Articles 84 to 87 of Law 19/1985 of 16 July 1985Change and the Check.

4. They are also deemed to be repealed under paragraph 2 of the Article 2 of the Civil Codeany rules that are contrary to or incompatible with the provisions of this Law.

Final provision one. Amendment of certain articles of the Convention Civil Code.

The Civil Code is amended as follows:

One. Article 47 shall read as follows:

‘Article 47. Nor can they enter into marriage with one another:

1. (...)

2. (...)

3. Those convicted for having participated in the wrongful death of the spouse or person with whom he or she would have been bound by similar affection to the conjugal.’

Two. Article 48 is amended as follows:

‘The judge may, on a just cause and at the request of a party, by means of a preliminary decision issued in the file of voluntary jurisdiction, dispense with 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 of third-degree kinship between collaterals. The subsequent waiver shall, from the date of its conclusion, be valid for a marriage whose annulment has not been ordered by a court by either party.’

Three. Article 49 shall read as follows:

“Any Spanish 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 laid down by the law of the place of celebration.’

Four. The heading of the second section of Chapter III of Title IV of Book I is amended to read as follows:

‘Section 2. The celebration of marriage»

Five. Article 51 shall read as follows:

‘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 Justice of the Peace or 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.’

Six. Article 52 shall read as follows:

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

1. The Justice of the Peace, Mayor or Councillor to whom he delegates, Judicial Secretary, Notary or official 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.”

Seven. Article 53 shall read as follows:

‘The validity of the marriage shall not be affected by the incompetence or non-appointment of the Justice of the Peace, Mayor, Councillor, Judicial Secretary, Notary or official to whom it is held, provided that at least one of the spouses has acted in good faith and those spouses have exercised their functions publicly.’

Eight. Article 55 shall read as follows:

‘One of the spouses may enter into marriage by proxy, to whom he must have granted special power in an authentic manner, and the personal assistance of the other spouse 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 official who processes the act or record prior to marriage, and if it is already completed to the person who is to hold it.’

Nine. Article 56 shall read as follows:

“Anyone wishing to enter into marriage shall first prove in the record or record processed under 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 on his ability to give consent.’

Ten. Article 57 shall read as follows:

“Marriage shall be conducted by the judicial secretary or by consular or diplomatic officer before the same or other person, or before the judge of the peace, mayor or councillor to whom the latter delegates, at the choice of the spouses. If the marriage has been processed by the registrar, the marriage must take place before the Magistrate, Mayor or Councillor to whom the registrar delegates, who designates the spouses.

Finally, if the marriage certificate has been issued by the Notary, the contracting parties may give their consent, at their choice, to the same Notary or other than the one who processed the previous act, the Justice of the Peace, Mayor or Councillor to whom the latter delegates.”

Eleven. Article 58 shall read as follows:

“The Justice of the Peace, Mayor, Councillor, Judicial Secretary, Notary or civil servant, after reading Articles 66, 67 and 68, shall ask each of the spouses whether he consents to marry the other and if he actually marries the other and, in response to both of them in the affirmative, shall declare that they are united in marriage and shall extend the act or authorize the corresponding deed.”

Twelve. Article 60 shall read as follows:

‘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 apply.’

Thirteen. Article 62 shall read as follows:

“The celebration of the marriage shall be recorded by public record or deed which shall be 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 shall be sent by the authorizing authority to the competent civil registry for registration, subject to the qualification of the registrar.’

Fourteen. Article 63 shall read as follows:

“The registration of the 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 laid down in this Title.’

Fifteen. Article 65 shall read as follows:

“In cases where the marriage was 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 file 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. The Registrar shall, after such verification, register it.’

Sixteen. Article 73(3) is amended as follows:

‘3.o. A person who contracts without the intervention of the Justice of the Peace, Mayor or Councillor, Judicial Secretary, Notary or official to whom it is to be held, or without the participation of witnesses.’

Seventeen. The first paragraph of Article 81 shall read as follows:

“Severance shall be ordered by the courts where there are minor children who are not emancipated or whose capacity is legally modified depending on their parents, whatever the form of the marriage.’

Eighteen. Article 82 shall read as follows:

‘1. The spouses may agree to their separation by mutual agreement within three months of the conclusion of the marriage by means of a regulatory agreement before the judicial secretary or in public deed before the 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 a practising Counsel, giving their consent to the judicial or notary Registrar. Also, the elderly or emancipated minors must give consent to the judicial or notary secretary with regard to measures affecting 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 minor children who are not emancipated or whose capacity is legally modified depending on their parents.’

Nineteen. Article 83 shall read as follows:

“The judgment 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 married persons 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 judgment or decree, or a copy of the public deed, shall be sent to the Civil Registry for registration, without full effect on bona fide third parties until such time as it takes place.’

Twenty. Article 84 shall read as follows:

“Reconciliation terminates the separation procedure and renders the decision on the separation without further effect, 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 register for third party effectiveness.’

Twenty-one. Article 87 shall read as follows:

"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 with the 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 the public deed of divorce.’

Twenty-two. Article 89 shall read as follows:

‘The effects of the dissolution of marriage by divorce shall be 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 the provisions of Article 87. It shall not prejudice bona fide third parties except on the basis of their respective entry in the Civil Registry.’

Twenty-three. Article 90 is amended as follows:

‘1. The regulatory agreement referred to in Articles 81, 82, 83, 86 and 87 shall contain, at least and 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.

(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 nullity, separation and divorce submitted 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 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 court secretary or notary and they consider that, in their view, any of them could be harmful or seriously harmful to one of the spouses or to the elderly or emancipated minor children concerned, 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 adopted by the judge 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 the new needs of the children or the changing circumstances of the spouses so advise. Measures agreed to before the judicial secretary 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 to comply with the agreement.’

Twenty-four. The first paragraph of Article 95 is amended to read as follows:

“The final judgment, the final decree or the public deed formalizing the regulatory agreement, if any, shall, in respect of the property of the marriage, cause the dissolution or extinction of the matrimonial property regime and shall approve its liquidation if there is mutual agreement between the spouses in this regard.

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 that of bad faith shall not be entitled to participate in the profits obtained by his spouse.’

Twenty-five. The last paragraph of article 97 is worded as follows:

‘The judicial decision or the regulatory agreement formalised before the judicial secretary or notary shall set out the periodicity, the form of payment, the basis for updating the pension, the duration or time of termination and the guarantees for its effectiveness.’

Twenty six. Article 99 shall read as follows:

‘At any time, it may be agreed to replace the pension established by law 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 supply of capital in goods or money’.

Twenty-seven. Article 100 shall read as follows:

‘With the pension fixed and the basis for its updating in the judgment of separation or divorce, it may be modified 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 formalised before the judicial secretary or notary may be amended by means of a new agreement, subject to the same requirements laid down in this Code.’

Twenty-eight. Article 107(2) shall read as follows:

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

Twenty-nine. The second paragraph of Article 156 shall read as follows:

‘In the event of disagreement, either of them may refer to the judge, who, after hearing both of them and the child if he or she is sufficiently mature and, in any event, if he or she is over twelve years of age, shall confer the power to decide on the father or mother. If the disagreements are repeated or any other cause seriously hindering the exercise of parental authority, 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 a period fixed, which may never exceed two years.’

Thirty. The last paragraph of article 158 is worded as follows:

‘All these measures may be taken in any civil or criminal proceedings or in a voluntary jurisdiction file.’

Thirty-one. Article 167 shall read as follows:

‘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, require security or security for continuation in the administration or even appoint an Administrator.’

Thirty-two. The first subparagraph of Article 173(3) shall read as follows:

‘3. If the parents or the guardian does not consent or oppose it, the placement may only be agreed by the judge, in the interest of the minor, in accordance with the procedures of the Voluntary Jurisdiction Act. The proposal of the Public Entity shall contain the same points referred to in the previous issue.’

Thirty-three. The first subparagraph of Article 176(2) is amended as follows:

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

Thirty-four. Article 177(2) shall read as follows:

‘2. They shall agree to adoption:

1. The spouse of the adopter or the person to whom he or she is associated by similar relationship of affection to the conjugal, provided that he or she is not also an adopter, unless there is legal separation.

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 be assessed only in the adversarial judicial proceedings regulated by 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.

The mother’s consent may not be given until 30 days have elapsed since the birth.’

Thirty-five. Article 181 shall read as follows:

‘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 which 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 its prudent discretion, take the necessary measures to preserve the heritage.'

Thirty-six. The last paragraph of article 183 is worded as follows:

«The justified death or 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 entered in the Civil Registry, all the general or special mandates granted by the absent person are legally extinguished.’

Thirty-seven. Article 184 shall read as follows:

‘Without a serious reason which the judicial secretary has appreciated, it is the representation of the person declared absent, the investigation of his person, the protection and administration of his property and the performance of his duties:

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 in its entirety the responsibility of a person who is of good standing who the judicial secretary, after hearing the prosecutor's office, appoints to his prudent discretion."

Thirty-eight. Article 185 shall read as follows:

‘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 absent person, as soon as they conform to their special representation.'

Thirty-nine. Article 186 shall read as follows:

‘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 to the extent 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 representation, 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 the event of a need or obvious utility, recognized and declared by the judicial secretary, who, by authorizing such acts, shall determine the use of the quantity obtained.’

Forty. Article 187 shall read as follows:

'If during the exercise of temporary possession or the exercise of such representation any person proves his preferential right to such possession, the present 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 assets must be returned to him, but not the products collected, except in bad faith, in which case the refund shall also include the fruits received and the proceeds to be collected from the day on which he was produced, as declared by the judicial secretary.'

Forty-one. Article 194(2), (3) and (4) shall read as follows:

‘2.o Of those who are 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 time limit shall be calculated from the take-off point from which the latest news was received.’

Forty-two. Article 196 shall read as follows:

‘Sign the declaration of death of the absentee, the succession to the property of the absentee 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 shall be the duty of successors, even if they are only one, not to have to be partitioned, to draw up a detailed inventory of movable property and a description of the real estate.’

Forty-three. The heading of Chapter III of Title VIII of the first Book is amended:

‘Inscription in the Civil Registry’

Forty-four. Article 198 shall read as follows:

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

In addition, the inventories of movable property and description of immovable property ordered in this Title shall be recorded; the grant decrees and the transfer and charge deeds made by the legitimate or representative of those absent; and the description or inventory of the property, as well as the partition and award deeds made pursuant to the declaration of death or the protocolization records of the partition notebooks in their respective cases.’

Forty-five. Article 219 shall read as follows:

‘The registration of the decisions referred to in the preceding Article shall be carried out on the basis of testimony transmitted to the Registrar of Civil Registry.’

Forty-six. Article 249 shall read as follows:

‘During the processing of the removal file, the guardian may be suspended from his duties and the guardian may be appointed as a legal defender.’

Forty-seven. Article 256 shall read as follows:

‘As long as the excuse is resolved, the person who proposed it shall be obliged to exercise the function.

By failing to do so, a defence counsel shall be appointed to replace him, with a substitute responsible for all expenses incurred by the excuse if the excuse is rejected.’

Forty-eight. Article 259 shall read as follows:

‘The appointed guardian shall be appointed by the judicial secretary.’

Forty-nine. Article 263 shall read as follows:

‘The Registrar may extend this period by reasoned decision if the case arises.’

Fifty. Article 264 shall read as follows:

‘The inventory shall be drawn up before the judicial registrar with the intervention of the Public Prosecutor and with the summons of such persons as he deems appropriate.’

Fifty-one. Article 265 shall read as follows:

‘Money, jewellery, precious objects and transferable securities or documents which, in the opinion of the Court Secretary, should not be held by the guardian shall be deposited in an establishment intended for this purpose.

The costs incurred by the above measures shall be borne by the assets of the guardian.’

Fifty-two. Article 299a shall read as follows:

“When it is known that a person must be placed under guardianship or guardianship and until a judicial decision has been taken to terminate the proceedings, the Office of the Public Prosecutor shall assume its representation and defence. In such a case, in addition to the care of the person concerned, the Registrar may appoint a legal counsel to administer the assets, who shall be accountable to him for his management after the completion of the proceedings.’

Fifty-three. Article 300 shall read as follows:

‘In the case of voluntary jurisdiction, on its own initiative or at the request of the Public Prosecutor's Office, of the minor himself or of any person capable of being brought to trial, counsel shall be appointed who is deemed most suitable for the office.’

Fifty-four. Article 302 shall read as follows:

‘The judicial defender shall have the powers conferred upon him, and shall be accountable for his administration after completion.’

Fifty-five. Article 314 shall read as follows:

«Emancipation takes place:

1st For the oldest.

2. By granting those exercising parental authority.

3rd Court award.’

Fifty-six. Article 681 shall read as follows:

‘Article 681.

They may not be witnesses in wills:

First. Minors, except as provided for in article 701.

Second. No content.

Third. Those who do not understand the language of the testator.

Fourth. Those who do not present the discernment necessary to carry out the witness work.

Fifth. The spouse or relatives within the fourth degree of consanguinity or second degree of affinity of the authorising notary and those who have with this employment relationship.’

Fifty-seven. Article 689 shall read as follows:

“The olograph will have to be protocolized, presented to the Notary within five years of the death of the testator. It shall draw up the protocol in accordance with the laws of the Member States.’

Fifty-eight. Article 690 shall read as follows:

‘The person holding an olographer's will shall submit it to the competent Notary within 10 days of the person who is aware of the death of the testator. Failure to perform this duty shall hold you liable for any damages you have caused.

It may also be presented by anyone who has an interest in the will as heir, legatee, executor or in any other concept.’

Fifty-nine. Article 691 shall read as follows:

‘If the olograph will is submitted and the testator's death has been confirmed, the testator shall be warned in accordance with the law of the law.’

Sixty. Article 692 shall read as follows:

«With the will acknowledged and the identity of its author confirmed, it will be protocolized.»

Sixty-one. Article 693 shall read as follows:

‘The notary, if he considers the authenticity of the will to be established, shall authorise the protocol act, which shall record the actions carried out and, where appropriate, the observations made.

If the will is not warned, because the identity of the grantor is not sufficiently established, the file will be filed without protocolizing it.

Whether or not the protocolation of the olograph will is authorized, non-compliant parties may exercise their rights in the appropriate trial.’

Sixty-two. The second paragraph of Article 703 is amended as follows:

‘If the testator dies within that period, the will shall also be ineffective if within three months of death the competent Notary is not referred to the competent Notary for public deed, it has already been granted in writing, either orally.’

Sixty-three. Article 704 is amended as follows:

‘The wills granted without the notary’s authorization will be ineffective if they are not raised to public writing and are protocolized in the form provided for in the notarial legislation.’

Sixty-four. Article 712 shall read as follows:

‘1. The person holding a closed will shall submit it to the competent Notary within 10 days of the person who is aware of the death of the testator.

2. The notary authorizing a closed will, constituted as the depositary of the will by the testator, shall, within ten days of his or her death, inform the surviving spouse, the descendants and the ascendants of the testator and, failing that, the collateral relatives up to the fourth degree.

3. In the previous two cases, if they do not know the identity or domicile of these persons, or if their existence is unknown, the Notary shall give the publicity determined by the notarial law.

Failure to comply with this duty, as well as failure to present the will by anyone in your possession or by the Notary, shall hold you liable for any damages caused.”

Sixty-five. The first paragraph of Article 713 shall read as follows:

‘Anyone who fails to submit the closed will in his possession by the time specified in the preceding article, in addition to the responsibility determined therein, shall forfeit any right to inheritance, if he has it as an abintestatous heir or as an heir or legatee by testament.’

Sixty six. Article 714 shall read as follows:

“For the opening and protocolization of the closed will, the provisions of the notarial law shall be observed.”

Sixty seven. Article 718 shall read as follows:

“The wills granted under the two preceding articles shall be forwarded as soon as possible to the Headquarters and, by this, to the Ministry of Defence.

The Ministry, if the testator has died, will send the will to the Notary College corresponding to the last domicile of the deceased, and if this is not known, will forward it to the Notary College of Madrid.

The Notary College shall forward the will to the Notary corresponding to the last address of the testator. Received by the Notary, it shall inform the heirs and others interested in the succession within 10 days of their existence, so that they may appear before it for the purpose of protocolating it in accordance with the provisions of the law.’

Sixty-eight. Article 756(1), (2) and (3) shall read as follows:

‘1. A person who was convicted by a final judgement for having committed an offence against life, or a serious penalty for having caused injury or for having habitually exercised physical or mental violence in the family environment to the perpetrator, his spouse, a person to whom he is associated by similar affectivity or any of his descendants or ascendants.

2. A person convicted by a final judgement for offences against freedom, moral integrity and sexual freedom and compensation, if the victim is the cause, his spouse, the person to whom he is linked by similar relationship of affection or any of his descendants or ascendants.

Also, a person sentenced by a final sentence to a serious penalty for having committed an offence against the family rights and duties in respect of the inheritance of the aggrieved person.

Also, a person deprived by a final decision of parental authority, or removed from the exercise of guardianship or family care of a minor or a person with judicially modified capacity for reasons attributable to him or her, with respect to his or her inheritance.

3. Anyone who would have accused the perpetrator of an offence for which the law prescribes a serious penalty, if he is convicted of a false complaint.’

Sixty-nine. Article 834 shall read as follows:

‘A spouse whose spouse dies shall not be legally or de facto separated from the spouse if he or she is in possession of children or descendants, shall be entitled to the benefit of the third person intended for improvement.’

Seventy. Article 835 shall read as follows:

‘If the separated spouses have been notified of reconciliation to the court which heard the separation or to the Notary who granted the public deed of separation in accordance with Article 84 of this Code, the survivor shall retain his rights.’

Seventy-one. Article 843 shall read as follows:

‘Without express confirmation of all children or descendants, the partition referred to in the two preceding articles shall require approval by the judicial secretary or notary.’

Seventy-two. Article 899 shall read as follows:

‘The executor who accepts the post is obliged to perform the post; but may resign on the grounds of just cause at the discretion of the judicial secretary or notary.’

Seventy-three. Article 905 shall read as follows:

"If the testator wishes to extend the legal period, he must expressly state the extension period. If it has not indicated this, the period shall be deemed to have been extended by one year. If, after this extension, the testator's will has not yet been fulfilled, the judicial secretary or the notary may grant another for such time as is necessary, in the circumstances of the case.'

Seventy-four. Article 910 shall read as follows:

“The executor ends by death, impossibility, renunciation or removal of the executor, and by the time the term is specified by the testator, by law and, where appropriate, by those concerned. The removal shall be appreciated by the judge.’

Seventy-five. Article 945 shall read as follows:

‘The appeal referred to in the preceding Article shall not take place if the spouse is legally or de facto separated.’

Seventy-six. Article 956 shall read as follows:

‘In the absence of persons entitled to inherit in accordance with the provisions of the preceding Sections, the State shall inherit who, having completed the liquidation of the estate, shall enter the resulting amount into the Public Treasury, unless, by reason of the nature of the assets inherited, the Council of Ministers agrees to give them, in whole or in part, another application. Two thirds of the value of this relict shall be used for purposes of social interest and shall be added to the tax allocation made for these purposes in the General Budget of the State.’

Seventy-seven. Article 957 shall read as follows:

‘The rights and obligations of the State shall be the same as those of the other heirs, but the inheritance shall always be deemed to be accepted for inventory benefit, without the need for any declaration on this point, for the purposes listed in Article 1023.’

Seventy-eight. Article 958 shall read as follows:

‘In order for the State to take possession of the property and inheritance rights, it shall precede the administrative declaration of the heir, the property being awarded for lack of legitimate heirs.’

Seventy-nine. Article 1005 shall read as follows:

"Any interested party who proves his interest in the heir accepting or repudiating the inheritance may turn to the Notary to inform the call that he has a period of thirty calendar days to accept either purely or simply, or for the benefit of inventory, or to repudiate the inheritance. The notary shall further inform him that if he does not express his will within that period, the inheritance shall be deemed to be accepted purely and simply.’

Eighty. Article 1008 shall read as follows:

‘Rejection of the inheritance shall be made to Notary in public instrument.’

Eighty-one. Article 1011 shall read as follows:

‘The declaration to make use of the inventory benefit shall be made before Notary.’

Eighty-two. Article 1014 shall read as follows:

‘The heir who holds the inheritance or part of it and wishes to use the inventory benefit or the right to deliberate shall communicate it to Notary and shall request within thirty days from the date on which the formation of the notarial inventory is deemed to be such an heir with summons to creditors and legates to come and witness it if it is convenient to them.’

Eighty-three. Article 1015 shall read as follows:

‘Where the heir does not hold the inheritance or any part thereof, nor has he carried out any management as such heir, the period set out in the preceding article shall be counted from the day following that on which the time limit set for him to accept or repudiate the inheritance pursuant to Article 1005 or from the day on which he accepted it or managed it as an heir.’

Eighty-four. Article 1017 shall read as follows:

‘The inventory shall begin within thirty days of the citation of creditors and legatees, and shall end within sixty days.

If, because the goods are found at a long distance or are very large, or for another just cause, those sixty days appear insufficient, the Notary may extend this term for as long as he deems necessary, but not exceeding one year."

Eighty-five. Article 1019 shall read as follows:

‘The heir who has reserved the right to deliberate shall, within thirty days of the next date of completion of the inventory, declare to the Notary whether he repudiates or accepts the inheritance and whether or not he makes use of the inventory benefit.

After 30 days without such a demonstration, it shall be understood that it is accepted purely and simply."

Eighty-six. Article 1020 shall read as follows:

‘During the formation of the inventory and until the acceptance of the inheritance, at the request of a party, the Notary may adopt the provisions necessary for the administration and custody of estate property in accordance with the provisions of this Code and the notary legislation.’

Eighty-seven. Article 1024 shall read as follows:

‘The heir will lose the inventory benefit:

1. If you knowingly cease to include in the inventory any of the assets, rights or actions of the inheritance.

2. If, before completing the payment of the debts and legacies, assets of the inheritance were disposed of without the authorization of all interested parties, or if the price of the sale was not given the application determined when granting the authorization.

It may, however, have marketable securities quoted on a secondary market through disposal on that market, and other goods by sale at a notarial public auction previously notified to all interested parties, specifying in both cases the application to be given to the price obtained.’

Eighty-eight. Article 1030 shall read as follows:

“Where estate assets must be sold to pay debts and legacies, the sale shall follow the procedure in the second paragraph of point 2 of Article 1024 of this Code, unless all heirs, creditors and legatees agree otherwise.”

Eighty-nine. The first paragraph of Article 1033 is amended as follows:

‘The costs of the inventory and the other actions to which the administration of the inheritance accepted for the benefit of inventory and the defence of its rights, shall be borne by the same inheritance. Except for those expenses attributable to the heir who had been personally convicted for his or her wrong or bad faith.

The same shall apply to expenses incurred in exercising the right to deliberate, if the heir repudiates the inheritance.’

Ninety. Article 1057 shall read as follows:

‘The testator may entrust by act ‘inter vivos’ or ‘mortis causa’ to any person who is not one of the co-heirs, after his death, the mere ability to partition.

In the absence of a will, an estate partitioner appointed or vacant the office, the judicial secretary or the notary, at the request of heirs and legatees representing at least 50 per cent of the estate, and with the summons of the other interested parties, if their domicile is known, may appoint an estate partitioner, in accordance with the rules which the Civil Procedure Act and the Notarized set for the appointment of experts. Such partition shall require the approval of the judicial secretary or notary, unless express confirmation of all heirs and legates.

The provisions of this article and of the preceding article shall be observed even if there is a person subject to parental authority, guardianship or curatorship among the joint heirs; but in these cases the estate partitioner shall make an inventory of the property of the inheritance, with a summons from the legal representatives or curators of those persons.’

Ninety-one. Article 1060 shall read as follows:

"When minors or persons with judicially modified capacity are legally represented in the partition, no intervention or judicial authorization will be required, but the guardian will need judicial approval of the partition carried out. The judicial counsel appointed to represent a minor or a person with judicially modified capacity in a partition shall obtain the approval of the judge, if the judicial secretary had not provided otherwise in making the appointment.’

Ninety-two. Article 1176 shall read as follows:

‘If the creditor to whom the offer of payment is made in accordance with the provisions governing it refuses, expressly or in fact, without reason to admit it, to grant the document justifying the payment of the security, or to cancel the security, if any, the debtor shall be released from liability by the lodging of the item due.

The entry itself shall have the same effect when the creditor is absent from the place where the payment is to be made, or when it is prevented from receiving it at the time it is to be made, and when several persons claim to be entitled to collect, whether the creditor is unknown, or the title in which the obligation is incorporated has been lost.

In any event, the provision shall be made in all cases where the performance of the obligation is made more burdensome to the debtor for reasons not attributable to the obligation.”

Ninety-three. Article 1178 shall read as follows:

‘The consignment shall be made by the debtor or by a third party, making the dues available to the Court or the Notary, as provided for in the Voluntary Jurisdiction Act or in the notarial legislation.’

Ninety-four. Article 1180 shall read as follows:

‘Acceptance by the creditor of the entry or the court declaration that it is well made shall terminate the obligation and the debtor may request that the obligation and the security be cancelled, if necessary.

In the meantime, the debtor may withdraw the item or quantity entered, leaving the obligation to remain.’

Ninety-five. Article 1377 shall read as follows:

‘The consent of both spouses shall be required for the performance of acts of disposition for a valuable purpose on joint property.

If one refuses or is prevented from lending it, the judge may authorize one or more acts of a device when he considers it to be of interest to the family. It shall exceptionally agree on such limitations or precautions as it deems appropriate.’

Ninety-six. Article 1389 shall read as follows:

‘The spouse to whom the administration is based under the provisions of the two preceding articles shall have full powers to do so, unless the judge, when he considers it to be in the interest of the family, establishes caution or limitations.

In any event, in order to carry out acts of disposition on buildings, commercial establishments, precious objects or transferable securities, except the right of preferential subscription, it shall require judicial authorization.’

Ninety-seven. Article 1392 shall read as follows:

‘The joint venture shall conclude:

1. When marriage is dissolved.

2nd When declared null.

3rd When the legal separation of the spouses is agreed.

(4) Where the spouses agree on a different economic regime in the manner provided for in this Code.’

Ninety-eight. Article 1442 shall read as follows:

‘Declared a spouse in competition, the provisions of the insolvency law shall apply.’

Final provision two. Amendment of Commercial Code.

Article 40 shall read as follows:

‘1. Without prejudice to the provisions of other laws requiring the annual accounts to be audited by a person having legal status as an auditor of accounts, and in accordance with articles 32 and 33 of this Code, an employer shall be obliged to audit the ordinary or consolidated annual accounts of his or her undertaking, where appropriate, if so agreed by the judicial secretary or the commercial registrar of the employer's registered office if they accept the well-founded request of a person who proves a legitimate interest. Before estimating the application, the judicial secretary or the commercial registrar shall require the applicant to advance the funds necessary for the payment of the auditor's remuneration.

The company may object to the appointment only by providing documentary evidence that it does not proceed or by denying the applicant’s standing.

The application to the commercial registrar shall be processed in accordance with the provisions of the Trade Registration Regulations. The appointment of an auditor shall be subject to the regulatory time laid down in the Commercial Registration Regulation.

If it is filed with the judicial registrar, the procedures set out in the legislation of voluntary jurisdiction shall be followed.

The decision on the origin or improcedness of the audit shall be subject to appeal before the Commercial Court.

2. The auditor shall deliver the report to the employer and to the applicant on the same day as the date on which it is issued and shall provide a copy of the report to those who have appointed him. If the report contains a negative or unfavourable opinion, the judicial secretary or the commercial registrar shall agree that the employer shall satisfy the applicant of the amounts which he has anticipated. If the report contains a qualified or qualified opinion, a decision shall be made determining who should be responsible and to what extent the cost of the audit. If the report is favourable, the cost of the audit shall be borne by the applicant.

3. The application for an audit shall be rejected by the judicial registrar or the commercial registrar if, prior to the date of the application, the appointment of an auditor for the purpose of verifying the accounts of the same financial year has been registered in the commercial register or, in the case of business companies and other legally obliged persons, the legal time limit for the appointment of an auditor by the competent body has not expired.

4. The issue of the audit report shall not preclude the exercise of the right of access to accounting by those to whom the Act confers that right.’

Final provision three. Amendment of certain articles of the Convention Law 1/2000Civil prosecution.

The Civil Procedure Act is amended as follows:

One. Article 8(1) shall read as follows:

‘1. Where the natural person is in the case of paragraph 2 of the preceding article and there is no person legally representing him or her or her to assist him or her in the trial, the judicial secretary shall appoint him or her a legal counsel by decree, who shall assume his or her representation and defence until such person is appointed.’

Two. Article 395(1) shall read as follows:

‘1. If the defendant settles the claim before answering it, the costs shall not be imposed unless the court, with due reason, appreciates bad faith in the defendant.

In any event, bad faith shall be deemed to exist, if the defendant had been given a credible and justified request for payment before the application was filed, or if mediation proceedings had been initiated or a request for conciliation had been made against him.’

Three. Article 525(1) shall read as follows:

‘1. In no case shall they be subject to provisional enforcement:

1. a Judgments handed down in proceedings concerning paternity, maternity, filiation, nullity of marriage, separation and divorce, capacity and marital status, as well as measures concerning the restitution or return of minors in cases of international abduction and honorary rights, except for pronouncements regulating the obligations and property relations related to what is the main subject of the proceedings.

2.a. Sentences condemning the issuance of a declaration of will.

3.a Judgments declaring industrial property titles null and void.’

Four. Article 608 shall read as follows:

‘Article 608. Execution for a sentence of maintenance.

The provisions of the preceding article shall not apply where enforcement of a sentence ordering the payment of maintenance is carried out, in all cases where the obligation to satisfy them arises directly from the Act, including the pronouncements of judgements handed down in proceedings for annulment, separation or divorce on maintenance due to the spouse or children or of decrees or public deeds formalizing the regulatory agreement establishing them. In such cases, as well as in the case of protective measures, the court shall fix the amount which may be seized.’

Five. Article 748 shall read as follows:

‘The provisions of this Title shall apply to the following proceedings:

1. Those who see about the ability of people and those of declaration of prodigality.

2. The children of filiation, paternity and maternity.

3. The nullity of marriage, separation and divorce and the modification of the measures adopted therein.

4. Those who are exclusively involved in the custody and custody of minor children or in maintenance claimed by one parent against the other on behalf of minor children.

5. The recognition of civil effectiveness of ecclesiastical decisions or decisions in matrimonial matters.

6. The measures relating to the return of minors in cases of international abduction.

7. Those whose purpose is to oppose administrative decisions on the protection of minors.

8.o Those who see the need for consent to adoption.’

Six. The first paragraph of Article 749 shall read as follows:

‘1. In proceedings concerning the capacity of persons, in proceedings concerning marriage nullity, in proceedings concerning the international removal of minors and in proceedings concerning the determination and challenge of filiation, the Public Prosecutor ' s Office shall always be a party, even if it has not been a promoter of such proceedings or must, in accordance with the law, assume the defence of any of the parties. The Public Prosecutor's Office shall ensure throughout the proceedings that the best interests of the person concerned are safeguarded."

Seven. The second paragraph of Article 758 shall read as follows:

‘If they do not do so, they shall be defended by the Public Prosecutor's Office, provided that the Prosecutor has not been the promoter of the proceedings. In another case, the Registrar shall appoint them as a judicial defender, unless he is already appointed.’

Eight. Article 769(1) and (2) shall read as follows:

‘1. Unless otherwise expressly provided, the court shall have jurisdiction to hear the proceedings referred to in this chapter by the Court of First Instance of the place of the conjugal domicile. In the event of the spouses ' residence in different judicial parties, the court shall be competent, at the choice of the plaintiff, that of the last domicile of the marriage or that of residence of the defendant.

Those who do not have a permanent domicile or residence may be sued at the place where they are located or at the place of their last residence, at the plaintiff's choice, and, if the jurisdiction cannot be determined in this way, the jurisdiction of the applicant shall fall within the jurisdiction of the court of the domicile of the actor.

2. In the procedure of separation or divorce by mutual agreement referred to in Article 777, the Court of the last common domicile or the domicile of any of the applicants shall have jurisdiction.’

Nine. Paragraph 4 is amended and a paragraph 10 is added to Article 777 as follows:

‘4. The application, if insufficient, is ratified by both spouses, and the competent judge or court clerk shall grant applicants a period of 10 days to complete the application. During this period, the evidence proposed by the spouses and any other evidence deemed necessary by the court to establish the circumstances in each case required by the court shall be provided, where appropriate, Civil Code and to assess whether the proposal for a regulatory agreement is to be adopted.’

‘10. If the jurisdiction of the court clerk is over the absence of unemancipated minor children or the judicially modified capacity dependent on their parents, immediately after the ratification of the spouses before the court clerk, the court clerk shall issue a decree giving a ruling on the regulatory agreement.

The decree formalizing the proposal of the regulatory agreement will declare the separation or divorce of the spouses.

If it considers that any of the agreements in the convention could be harmful or seriously harmful to one of the spouses or to the elderly or emancipated minor children concerned, it shall notify the grantors and terminate the proceedings. In this case, the spouses may only appeal to the judge for approval of the proposal for a regulatory agreement.

The decree shall not be subject to appeal.

The amendment of the regulatory agreement formalized by the Registrar shall be carried out in accordance with this Article when the necessary requirements are met.’

Ten. A Chapter IVa is added to Title I of Book IV, comprising new Articles 778 quater to 778 sexies, with the following title:

‘CHAPTER IV BIS

Measures relating to the return or return of minors in cases of international abduction’

Eleven. An Article 778 quater is added as follows:

‘Article 778 quater. Scope. General rules.

1. In cases where an international convention or the provisions of the European Union are applicable, the return of a minor or his return to the place of origin on the ground that he has been the subject of a illicit transfer or retention and is in Spain, shall be carried out in accordance with the provisions of this Chapter. It shall not apply to cases where the minor comes from a State which is not a part of the European Union or is a party to an international convention.

2. In these proceedings, the Court of First Instance of the capital of the province, Ceuta or Melilla, with competence in matters of family law, shall have jurisdiction, in the district of which the minor who has been the subject of an illicit transfer or retention, if any, and, failing that, to whom it corresponds in turn. The Court shall examine its jurisdiction ex officio.

3. The procedure may be promoted by the person, institution or body which has the custody and custody or a regime of stay or visits, relationship or communication of the minor, the Spanish Central Authority responsible for the fulfilment of the obligations imposed by the relevant agreement, if any, and, on behalf of the latter, the person who designates that authority.

4. The parties must act with the assistance of a lawyer and represented by a prosecutor. The intervention of the State Attorney's Office, where appropriate at the request of the Spanish Central Authority, shall cease from the moment the applicant for restitution or return appears in the proceedings with his own Advocate and Prosecutor.

5. The procedure shall be of an urgent and preferential nature. It shall be carried out, in both instances, if any, within the total inexcusable period of six weeks from the date of submission of the application by requiring the return or return of the child, unless exceptional circumstances make it impossible.

6. Under no circumstances shall civil proceedings be suspended on the grounds of a criminal preliminary ruling on the grounds of criminal proceedings in respect of the abduction of minors.

7. In such proceedings and in order to facilitate direct judicial communications between courts of different countries, if possible and deemed necessary by the judge, the assistance of the Central Authorities concerned, the existing International Judicial Cooperation Networks, the members of the International Network of Judges of the Hague Conference and the Liaison Judges may be used.

8. The judge may, at the request of the person promoting the procedure or the Public Prosecutor, agree, throughout the proceedings, on the appropriate precautionary measures and measures to secure the minor he considers relevant under article 773, in addition to those provided for in article 773 of the Constitution. Article 158 of the Civil Code.

It may also agree that the rights to stay or visit, relationship and communication of the minor with the applicant, including in a supervised manner, should be guaranteed in the course of the proceedings, if this is in the interests of the minor.’

Twelve. An Article 778d is added as follows:

‘Article 778d. Procedure.

1. The procedure shall be initiated by application requiring the return of the child or his return to the place of origin and shall include all information required by applicable international law and, in any event, that relating to the identity of the applicant, the minor and the person believed to have taken or retained the child, as well as the grounds on which he or she is seeking his or her return or return. It shall also provide all information it has concerning the location of the child and the identity of the person it is supposed to be with.

The application must be accompanied by the documentation required, where appropriate, by the relevant international convention or standard and any other document in which the applicant bases its request.

2. The Registrar shall rule on the admission of the application within 24 hours and, if he considers that the application is inadmissible, shall report to the Judge for determination of the case within that period.

In the same decision in which the application is admitted, the judicial registrar shall require the person against whom the child is wrongfully abducted or detained to appear with the minor on the date determined, which may not exceed three days, and to state whether he or she agrees to his or her return or return, or to object to it, on the basis of any of the cases established in the relevant applicable international convention or standard.

The request shall be made with legal warnings and with delivery to the requested text of the relevant international convention or standard applicable.

3. If the minor is not found in the place indicated in the application, and if, after the judicial secretary has made inquiries into his domicile or residence, the latter are unsuccessful, the proceedings shall be provisionally closed until they are found.

If the minor is found in another province, the judicial registrar shall, after hearing the Public Prosecutor and the parties concerned for a period of one day, inform the judge to decide on the following day by order, forwarding, if necessary, the proceedings to the Tribunal which he considers territorially competent and calling the parties to appear before the court within the next three days.

4. On the day of the hearing, if the requested person appears and agrees to the child ' s return or return to the place of origin, as appropriate, the judicial registrar shall draw up a record and the judge shall issue an order on the same day agreeing to the conclusion of the proceedings and to the return or restitution of the child, stating the expenses, including travel expenses, and the costs of the proceedings.

The defendant may appear at any time before the end of the proceedings and may have access to the delivery of the minor or to his return to the place of origin, the provisions of this paragraph being applicable.

5. If he fails to appear or if he fails to appear in a form, to object or to proceed, in the present case, to the surrender or return of the minor, the Registrar shall, on the same day, declare him in absentia and order the continuation of the proceedings without the same procedure, citing only the applicant and the Public Prosecutor to a hearing before the judge which shall take place within five days thereafter, to be held in accordance with the sixth paragraph of this article. Such a decision shall, however, be notified to the defendant, after which no other decision shall be taken, except that of the decision terminating the proceedings.

The judge may order such interim measures as he deems appropriate in relation to the minor, if they have not already been adopted in accordance with article 773.

6. If, at the first appearance, the requested person objects to the return or return of the minor under the circumstances laid down in the relevant international convention or standard, which shall be carried out in writing, the Registrar shall, on the same day, transmit the opposition and shall summon all concerned and the Public Prosecutor to a hearing within a period of five days thereafter.

7. The hearing shall not be suspended on the ground that the applicant has failed to appear. If it is the defendant who would have objected who fails to appear, the judge will dismiss him from the opposition and continue the hearing.

During the holding of the proceedings, the parties who appear will be heard to explain what they consider appropriate, in particular to the person who applied for restitution or return, to the Public Prosecutor's Office and to the defendant, even if he appears in this proceedings for the first time.

Where appropriate, useful and relevant evidence proposed by the parties or the Public Prosecutor's Office and agreed by the Judge ex officio on the facts relevant to the decision on the wrongfulness of the transfer or retention and the measures to be taken shall be carried out within a period of six days. The judge may also, on his own motion, request from a party or the Public Prosecutor's Office such reports as he deems relevant, the conduct of which shall be urgent and preferential to any other proceedings.

8. Before taking any decision concerning the provenance or impermissibility of the child's return or return to the place of origin, the judge shall, at any time during the proceedings and in the presence of the Public Prosecutor's Office, hear the child separately, unless the hearing of the child is deemed inappropriate on the basis of the age or degree of maturity of the child, which shall be stated in a reasoned decision.

In the exploration of the child, it shall be ensured that the child may be heard in conditions suitable for the safeguarding of his interests, without interference from other persons, and exceptionally seeking the assistance of specialists where necessary. This action may be carried out via videoconference or similar system.

9. After the hearing and, where appropriate, after the relevant evidence has been carried out, within three days of the completion of the hearing, the judge shall render a judgment in which he or she shall rule only on whether the transfer or retention is unlawful and shall agree whether or not the return of the minor to the person, institution or body entrusted with the custody or return to the place of origin is appropriate to enable the applicant to exercise the regime of stay, communication or relationship with the minor, taking into account the best interests of the child and the terms of the relevant convention or provisions of the European Union in this regard, as appropriate. The decision agreeing to the return of the child or his return shall set out in detail the form and duration of the execution, and may take the necessary measures to prevent a further illicit transfer or retention of the child after the notification of the judgment.

10. If it is agreed that the child shall be returned or returned, the decision shall provide that the person who has transferred or retained the child shall pay the procedural costs, including those incurred by the applicant, the travel expenses and those resulting in the child's return or return to the State where the child was habitually resident prior to the abduction.

In other cases, the costs of the proceedings shall be declared ex officio.

11. An appeal against a decision may be lodged only with suspensive effect, which shall be dealt with in a preferential manner, and shall be decided within a period of no more than twenty days.

The following areas of expertise will be used to deal with appeals:

(a) It shall be lodged within three days from the day following notification of the decision, whether or not the judicial body has to agree on its admission within 24 hours of the date of submission.

(b) If the appeal is granted, the other parties shall have three days to submit a statement of opposition to the appeal or, where appropriate, to challenge it. In the latter case, the principal appellant shall also have three days within which to state what he considers appropriate.

(c) Thereafter, the Registrar shall order the referral of the cases on the same day to the Tribunal competent to decide the appeal, before which the parties must appear within 24 hours.

(d) When the order has been received, the Tribunal shall agree as appropriate on its admission within 24 hours. If evidence is to be given or if the hearing is to be agreed upon, the Registrar shall indicate the day within three days.

(e) The decision shall be rendered within three days of the end of the hearing or, failing that, from the day following that on which the case was received at the Court competent for the appeal.

12. At any time during the proceedings, both parties may request the suspension of the proceedings in accordance with article 19.4, for mediation. The judge may also at any time, on his own initiative or at the request of either party, propose a mediation solution if, in the light of the circumstances involved, he considers it possible that they may reach an agreement, without this having to lead to an unjustified delay in the proceedings. In such cases, the Registrar shall agree to suspend the mediation for the time necessary to proceed. The Public Entity which has the functions of protecting the child may act as a mediator if requested ex officio, by the parties or by the Public Prosecutor.

The duration of the mediation procedure shall be as short as possible and its proceedings shall be concentrated on the minimum number of sessions, without in any case being able to suspend the mediation process beyond the period legally provided for in this Chapter.

Judicial proceedings shall be resumed if requested by either party or, if an agreement is reached in mediation, which shall be approved by the judge in the light of the current rules and the best interests of the child.

13. In the execution of the judgement in which the child is returned or returned to the State of origin, the Central Authority shall provide the necessary assistance to the Court to ensure that it is carried out safely, taking the necessary administrative measures in each case.

If the parent who has been sentenced to return or return is opposed, prevented or obstructed from serving the sentence, the judge shall take the necessary measures for the immediate execution of the sentence, and may assist himself by the social services and the security forces and bodies.’

Thirteen. An Article 778e is added as follows:

‘Article 778e. Declaration of wrongfulness of an international transfer or retention.

Where a minor habitually resident in Spain is the subject of an international transfer or retention, as provided for in the relevant international convention or standard, any person concerned, outside the process of seeking his or her international return, may, in Spain, address the competent judicial authority to hear the merits of the case with a view to obtaining a decision specifying that the transfer or retention has been unlawful, for which purpose the procedural channels available in Title I of Book IV may be used for the adoption of definitive or provisional measures in Spain, and even the measures provided for in Article 158.

The competent authority in Spain to issue a decision or certification under article 15 of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which proves that the transfer or retention of the child was unlawful within the meaning of article 3 of the Convention, where possible, shall be the last judicial authority in Spain to have heard of any proceedings concerning parental responsibility involving the child. Otherwise, the Court of First Instance shall have jurisdiction over the last place of residence of the minor in Spain. The Spanish Central Authority shall make every effort to assist the applicant in obtaining such a decision or certification.’

Fourteen. Article 782(1) shall read as follows:

‘1. Any co-heir or legatee of an aliquot party may seek judicial division of the inheritance, provided that the inheritance is not to be carried out by a commissioner or estate partitioner appointed by the testator, by agreement between the co-heirs or by the judicial secretary or the notary.’

Fifteen. Article 790 shall read as follows:

‘1. Provided that the Court is aware of the death of a person and does not record the existence of a will, or of ascendants, descendants or spouse of the deceased or of a person in an analogous factual situation, or of collaterals within the fourth grade, it shall take ex officio the most indispensable measures for the burial of the deceased if necessary and for the security of property, books, papers, correspondence and effects of the deceased liable for theft or concealment.

The same shall apply when the persons referred to in the preceding paragraph are absent or if any of them is minor or has a judicially modified capacity and has no legal representative.

2. In the cases referred to in this Article, after relatives appear, or minors or persons with judicially modified capacity are appointed as legal representative, they shall be handed over the property and effects belonging to the deceased, with the exception of the following article, with the exception of judicial intervention, and the notary shall be called upon to initiate the file of the declaration of heirs.’

Sixteen. Paragraph 2 is amended and a new paragraph 3 is added to Article 791:

‘2. If, in effect, it is found to have died without a testary and without relatives called by law to the succession, the Court shall, by order, order the following:

1. To occupy the books, papers and correspondence of the deceased.

2. To inventory and deposit the property, providing as appropriate for its administration, in accordance with the provisions of this Law. The Court may appoint a person, from the estate, to carry out and ensure the inventory and its deposit.

In the same decision, it shall order the corresponding delegation of economy and finance to be notified ex officio in case the declaration of heir abintestat in favour of the State is appropriate, with the result of the proceedings carried out and the documentation collected under paragraph 1.

3. From the moment the General Administration of the State or the Administration of an Autonomous Community informs the Court that it has initiated a procedure for its declaration as an abintestate heir, the Court shall agree that it shall be appointed for the administration of the property. In this case, the Public Administration shall not be required to provide security and to make expert reports where necessary through its own technical services.

The Administration shall inform the Court of a decision terminating the proceedings. If that decision concludes that the declaration of heir abintestato should not be made in favour of the Administration, the latter may not continue to take over the estate, requesting the Tribunal to appoint a new judicial administrator within one month of that communication. After one month, in any event, the Administration shall cease to be the administrator.

Where that decision declares to the hereditary administration abintestato, the judicial body which is aware of the intervention of the estate shall, within one month, adopt the provisions leading to the delivery of the assets and rights forming part of the estate’.

Seventeen. Article 792(1) shall read as follows:

‘1. The proceedings referred to in paragraph 2 of the preceding Article may be agreed on the request of a party in the following cases:

1. By the spouse or any of the relatives who are created entitled to legitimate succession, provided that they prove that they have promoted the declaration of heirs abintestato before Notary or that the request for judicial intervention of the hereditary estate is made at the same time as promoting the notarial declaration of heirs.

2. By any co-heir or legatee of aliquot, at the same time as applying for the judicial division of the inheritance, unless the intervention had been expressly prohibited by testamentary provision.

3.o For the public administration which has initiated proceedings for his declaration as an abintestatus heir.’

Eighteen. Article 802(1) shall read as follows:

‘1. The administrator shall promptly deposit with the court the amounts collected in the performance of his duties, with only those which are necessary to meet the costs of litigation or notarial proceedings, payment of contributions and other ordinary care.’

Nineteen. The twenty-second final provision is worded as follows:

‘Fifty-second final provision. Measures to facilitate the implementation in Spain of Council Regulation (EC) No 2201/2003 of 27 November 2003on jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility.

1. The certification of judgments in matrimonial matters and in matters of parental responsibility provided for in Article 39 of the Constitution Regulation (EC) No 2201/2003shall be issued by the judicial secretary separately and by diligence, completing the corresponding form set out in Annexes I and II to that Regulation.

2. The judicial certification relating to court decisions on the right of access provided for in Article 41(1) of the Treaty Regulation (EC) No 2201/2003shall be issued by the judge separately and by order, completing the form set out in Annex III to that Regulation.

3. The judicial certification relating to court decisions on the return of the minor provided for in Article 42(1) of the Regulation (EC) No 2201/2003shall be issued by the judge separately and by order, completing the form set out in Annex IV to the said Regulation.

4. The procedure for rectifying errors in judicial certification provided for in Article 43(1) of Regulation (EC) No 2001/2003 shall be decided in the manner laid down in the first three paragraphs of Article 43(1) of Regulation (EC) No 2001/2003. Article 267 of Organic Law 6/1985 of 1 July 1985, of the Judiciary. There shall be no appeal against the decision to clarify or rectify the judicial certification referred to in the two preceding paragraphs.

5. The refusal to issue the certificate referred to in paragraphs 1, 2 and 3 of this Article shall be adopted separately and by decree in the case of paragraph 1 and by order in the case of paragraphs 2 and 3, and may be challenged by the procedure of the direct review appeal in the case of paragraph 1 and by the procedure of the appeal for replacement in the case of paragraphs 2 and 3.

6. The transmission referred to in Article 11(6) of the Regulation (EC) No 2201/2003shall include a copy of the judicial decision on non-return pursuant to Article 13 of the Hague Convention of 25 October 1980, and a copy of the original recording of the minutes of the hearing in a form suitable for recording and reproducing sound and image, as well as such documents as the court considers appropriate to attach in each case as evidence of compliance with the requirements of Articles 10 and 11 of the Regulation.

7. The claim referred to in article 11.7 of the Regulation (EC) No 2201/2003shall be conducted in accordance with the procedure laid down in the present Civil Procedure Act for proceedings exclusively involving the custody and custody of minor children, although the judicial competence to hear such proceedings shall be determined in accordance with the procedure governing measures relating to the return of minors in cases of international abduction.’

Final provision four. Amendment of Law 20/2011 of 21 July 2011Civil Registry.

One. Article 58(1), (2), (5), (6), (7), (8), (9), (10) and (12) shall read as follows:

‘1. Marriage in civil form shall take place before the Justice of the Peace, Mayor or Councillor to whom he delegates, Judicial Secretary, Notary, or diplomatic or consular officer in charge of the Civil Registry.

2. The conclusion of the marriage shall require the prior processing or instruction of an act or record at the request of the parties to prove compliance with the requirements of capacity and the absence of impediments or their exemption, or any other obstacle, as provided for in the Civil Code. The processing of the minutes shall be the responsibility of the Notary of the place of residence of any of the parties. The investigation of the file shall be carried out by the judicial registrar or the registrar of the home of one of the parties.

5. The Lawyer of the Administration of Justice, Notary or Registrar shall hear the two parties in private and separately in order to ascertain their capacity and the absence of any impediment. Reports may also be requested and the relevant steps taken, whether or not proposed by the applicants, to establish the status, capacity or domicile of the parties or any other points necessary to assess the validity of their consent and the truth of the marriage.

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.

All these proceedings shall be recorded in the record or record, and the documents before the marriage registration shall be filed.

After one year after the publication of the notices or of the substitute proceedings without the marriage has been contracted, this may not be held without further publication or proceedings.

6. After the previous proceedings, the judicial, notary or civil registrar who has intervened shall complete the act or issue a decision stating whether or not the parties to the marriage are in agreement with the conditions for entering into marriage, and the determination of the matrimonial property regime applicable and, where appropriate, the civil neighbourhood of the parties, giving copies to them. The action or decision shall be reasoned and, where appropriate, clearly express the lack of capacity or impediment.

7. If the trial of the judicial secretary, notary or registrar is unfavourable, the record or file shall be closed and the persons concerned may appeal to the Directorate-General for Records and Notaries, subject to the appeals procedure provided for in this Act.

8. The record shall be settled favourably by the judicial secretary, and the marriage may be concluded before the same or other judicial secretary, justice of the peace, mayor or councillor to whom he delegates, at the choice of the spouses. If the marriage has been processed by the registrar, the marriage must take place before the Magistrate, Mayor or Councillor to whom the registrar delegates, who designates the spouses. Finally, if it is the Notary who has issued the marriage certificate, the contracting parties may grant consent, at their choice, to the same Notary or other than that which has been processed by the previous act, the Justice of the Peace, Mayor or Councillor to whom he delegates. The consent must be given in the manner provided for in Civil Code.

A marriage concluded before a Justice of the Peace, Mayor or Councillor to whom he or she delegates or to the Judicial Secretary shall be recorded in the record; the marriage to be celebrated before a Notary shall be recorded in public record. In both cases it must be signed, in addition to the one before which it is celebrated, by the contracting parties and two witnesses.

With the approval of the act or the authorization of the public deed, each of the contracting parties shall be given a copy of the marriage and shall be sent by the authorizing officer, on the same day and by telematic means, testimony or electronic authorized copy of the document to the Civil Registry for registration, subject to the qualification of the registrar.

9. The celebration of marriage outside Spain shall be the responsibility of the consular or diplomatic official in charge of the civil registry abroad. If one or both of the spouses reside abroad, the processing of the previous file may be carried out by the diplomatic or consular officer in charge of the civil registry responsible for the consular demarcation where they reside. The marriage thus processed may be concluded before the same official or another other person, or before the Justice of the Peace, Mayor or Councillor to whom the latter delegates, at the choice of the spouses.

10. Where the marriage has been concluded without the relevant record or prior record being processed, if necessary, the judicial secretary, notary, or the civil registrar 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.

12. If the contracting parties have expressed their intention to enter into marriage abroad, in accordance with the manner laid down by the law of the place of celebration or in religious form and requiring the presentation of a certificate of matrimonial capacity, it shall be issued by the judicial secretary, notary, in charge of the civil registry or consular or diplomatic officer of the place of the domicile of any of the contracting parties, subject to an informed record or an act containing the judgment of the authorizing officer certifying the matrimonial capacity of the contracting parties.’

Two. Article 58a is inserted with the following content:

‘Article 58a. Marriage celebrated in religious form.

1. For the celebration of marriage in the religious form provided for in the Agreement between the Spanish State and the Holy See on Legal Affairs and in the Agreements on State cooperation with religious denominations, the provisions of these agreements shall be complied with.

2. In cases of the celebration of marriage in the religious form provided for by the churches, denominations, religious communities or federations thereof which, registered in the Registry of Religious Entities, have obtained the recognition of a notorie arraigo in Spain, they shall require the processing of a prior record or record of matrimonial capacity in accordance with the preceding article. Once this procedure has been completed, the judicial secretary, notary, in charge of the civil registry or diplomatic or consular officer in charge of the civil registry who has intervened shall issue two copies of the act or resolution, including, where appropriate, the trial of the marital capacity of the spouses, which they shall hand over to the minister of worship responsible for the celebration of the marriage.

Consent must be given to a minister of worship and two witnesses of legal age. In such cases, consent must be given within six months of the date of the act or decision containing the matrimonial capacity judgment. To this end, ministers of worship are considered to be natural persons engaged, on a stable basis, in the functions of worship or religious assistance and who demonstrate that these requirements are met by certification issued by the church, confession or religious community that has obtained recognition of the notorious arraigo in Spain, with the agreement of the federation that has requested such recognition.

Upon the conclusion of the marriage, the officer shall issue an express certification of the conclusion of the marriage, with the necessary requirements for its registration and the particulars of the identity of the witnesses and the circumstances of the file or of the previous record, which shall necessarily include the name and surname of the judicial secretary, notary, civil registrar or diplomatic or consular officer who has extended it, the date and number of the protocol in his case. This certification shall be sent by electronic means, in the form to be determined by regulation, together with the certification of the status of minister of worship, within five days to the competent registrar for registration. He shall also make in the two copies of the act or decision prior to the matrimonial capacity an express diligence of the celebration of the marriage by handing over one to the spouses and shall keep the other as a record of the celebration in the file of the official or of the religious entity he represents as minister of worship.’

Three. Article 59 shall read as follows:

‘Article 59. Registration of marriage.

1. A marriage whose requirements have been established and concluded in accordance with the procedure provided for in article 58 shall be registered in the individual registers of the parties.

2. A marriage entered into before a foreign authority shall enter the Spanish Civil Registry by registering the corresponding certificate, provided that it is effective in accordance with the provisions of this Law.

3. The marriage concluded in Spain in religious form shall enter the Civil Registry by registering the certificate issued by the Minister of Worship, as provided for in the Article 63 of the Civil Code.

4. After registration, the Registrar of the Civil Registry shall make available to each of the parties the certificate of registration of the marriage.

5. The registration attests to the marriage and to the date and place at which it is contracted and produces full recognition of its civil effects against bona fide third parties.’

Four. Article 60 is amended.

‘Article 60. Registration of the economic regime of marriage.

1. The legal or agreed matrimonial property regime governing marriage and covenants, judicial decisions or other acts that may affect marriage shall be registered with the marriage registration.

2. Where no deeds of capitulations are submitted, the legal matrimonial property regime shall be registered if it is substituted in accordance with the applicable law. In order to record expressly in the Civil Registry the legal economic regime applicable to a marriage already registered where the marriage was not previously registered and if no deed of capitulations is provided, the processing of a record of notoriety shall be necessary.

A notary shall be given a deed of marriage capitulations, and on the same day he shall transmit an electronic authorized copy of the public deed to the person in charge of the relevant civil registry for record in the registration of marriage. If the marriage has not taken place on the date of receipt of the deed of marriage capitulations, the Registrar shall record the marriage in the individual register of each of the parties.

3. In the registrations of any other register, capitulations and other acts affecting the matrimonial property regime, the details of their registration in the Civil Registry shall be expressed.

4. Without prejudice to the provisions of Article 1333 of the Civil Codein no case shall a bona fide third party be harmed except from the date of registration of the matrimonial property regime or its amendments.'

Five. Article 61 shall read as follows:

‘Article 61. Registration of separation, nullity and divorce.

The judicial registrar of the court or court who issued the final judicial decision on separation, invalidity or divorce shall, on the same day or the next competent person and by electronic means, transmit testimony thereof to the General Office of the Civil Registry, which shall immediately carry out the corresponding registration. A court ruling on nullity, separation and divorce may be entered until it becomes final.

The same obligation shall be imposed on the Notary who has authorized the public deed by formalizing a regulatory agreement on separation or divorce.

Judicial decisions or public deeds that modify those originally adopted or agreed upon must also be entered in the Civil Registry.

Decisions on the dissolution of canonical marriage, issued by recognized ecclesiastical authority, shall be registered if they meet the requirements laid down in the legal order.’

Six. Article 67. Special death registration assumptions.

‘1. Where the body has disappeared or been buried prior to registration, a decision of the judicial secretary shall be required declaring the death or order of the judicial authority in which the death is legally established.’

Seven. Article 74(1) shall read as follows:

‘1. Individual registration is available for the representation of the absentee and the appointment of a judicial defender in the case provided for in the Article 299 bis of the Civil Code.»

Eight. A new paragraph 3 is added to Article 78:

‘3. In the inscriptions of the declaration of absence and death, it shall be stated how much is prevented in the Article 198 of the Civil Code.»

Nine. Paragraph 2 of the second final provision shall read as follows:

‘2. The references in any rule to the judge, mayor or official who makes it his or her power to authorize civil marriage must be understood as referring to the judicial secretary, notary, civil registrar or diplomatic or consular officer in charge of the civil registry to prove compliance with the capacity requirements and the absence of impediments or their exemption; and to the justice of the peace, mayor or councillor to whom he or she delegates, judicial secretary, notary, or diplomatic or consular officer in charge of the civil registry for the celebration of civil marriage before them.’

Ten. The Final provision 5 of the Civil Registration Act is worded as follows:

‘Fifth final provision. Municipal fees.

A paragraph 5 is added to the Article 20 of the consolidated text of the Local Finances Act, approved by Royal Legislative Decree 2/2004 of 5 Marchas follows:

5. The City may establish a fee for the conclusion of civil marriages.’

Eleven. A final provision fifth bis is added as follows:

‘Fiftha final provision. Notary tariffs.

The Government shall approve the fees for the intervention of notaries in the processing of pre-marital records and for the holding of civil marriages with the authorization of the relevant public deeds.’

Twelve. The tenth final provision is worded as follows:

‘Final provision 10th. Entry into force.

This Law shall enter into force on 30 June 2018, except for the seventh and eighth additional provisions and the third and sixth final provisions, which shall enter into force on the day following their publication in the “Official Gazette of the State”, and except Articles 49.2 and 53 of the same legal text, which shall enter into force on 30 June 2017.

The provisions of the preceding paragraph are without prejudice to the entry into force on 15 October 2015 of articles 44, 45, 46, 47, 49.1 and 4, 64, 66, 67.3 and ninth additional provision, as amended by the Article 2 of Law 19/2015 of 13 July, administrative reform measures in the field of the administration of justice and the civil registry.

Until the full entry into force of this Act, the Government shall take the necessary measures and regulatory changes affecting the organization and operation of the Civil Registry.’

Final provision five. Amendment of Law 24/1992 of 10 November 1992approving the State's cooperation agreement with the Federation of Evangelical Religious Entities of Spain.

Article 7(2) and (5) shall read as follows:

‘2. Persons wishing to enter into marriage in the manner provided for in the preceding paragraph shall promote a record or record prior to marriage before the judicial secretary, notary, civil registrar or diplomatic or consular officer responsible for the relevant civil registry, in accordance with the Civil Registry Act.»

‘5. Upon the conclusion of the marriage, the minister of the official religion shall issue an express certification of the celebration of the marriage, with the necessary requirements for its registration and the particulars of the identity of the witnesses and the circumstances of the previous record or record, which shall necessarily include the name and surname of the judicial secretary, notary, civil registrar or diplomatic or consular officer who has extended it, the date and number of the protocol in his case. This certification shall be sent by electronic means, in the form to be determined by regulation, together with the certification of the status of minister of worship, within five days to the competent registrar for registration. It shall also issue in the two copies of the act or decision an express diligence of the celebration of the marriage by handing over one to the spouses and shall keep the other as a record of the celebration in the file of the official or of the religious entity he represents as minister of worship.’

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

One. The title of this Act is amended to read as "Law 25/1992 of 10 November 1992approving the State Cooperation Agreement with the Federation of Jewish Communities of Spain.’

Two. Article 7(2) and (5) shall read as follows:

‘2. Persons wishing to enter into marriage in the manner provided for in the preceding paragraph shall promote a record or record prior to marriage before the judicial secretary, notary, civil registrar or diplomatic or consular officer responsible for the relevant civil registry, in accordance with the Civil Registry Act.»

‘5. Upon the conclusion of the marriage, the minister of the official worship shall issue an express certification of the celebration of the marriage, with the necessary requirements for its registration and the particulars of the identity of the witnesses and the circumstances of the record prior to that date, which shall necessarily include the name and surname of the judicial secretary, notary, civil registrar or diplomatic or consular officer who has extended it, the date and number of the protocol in his case. This certification shall be sent by electronic means, in the form to be determined by regulation, together with the certification of the status of minister of worship, within five days to the competent registrar for registration. It shall also make in the two copies of the act or decision prior to the matrimonial capacity an express diligence of the celebration of the marriage by handing one over to the spouses and shall keep the other as a record of the celebration in the file of the official or of the religious entity representing him as minister of worship.’

Three. A new fourth additional provision is added as follows:

‘Additional provision fourth. Federation designation.

By agreement of the parties, the name of the Federation of Israeli Communities of Spain is replaced by the name of the Federation of Jewish Communities of Spain, which will be used below.

The references made to the Federation of Israeli Communities of Spain in this State Cooperation Agreement with the Federation of Israeli Communities of Spain, as well as those contained in other rules, shall be understood as referring to the Federation of Jewish Communities of Spain.’

Final provision seven. Amendment of Act No. 26/1992 of 10 November 1992approving the State Cooperation Agreement with the Islamic Commission of Spain.

Article 7(2) and (3) shall read as follows:

‘2. Persons wishing to register a marriage concluded in the manner provided for in the previous number must first prove their marital capacity by means of a copy of the previous act or decision issued by the judicial secretary, notary, civil registrar or diplomatic or consular officer responsible for the civil registry in accordance with Civil Registry Act and which shall contain, where appropriate, a judgment proving matrimonial capacity. Registration may not take place if the marriage has taken place more than six months after the date of the said act or from the date of the corresponding decision.

3. Once the marriage has been concluded, the representative of the Islamic Community in which the marriage was contracted shall issue an express certification of the conclusion of the marriage, with the necessary requirements for its registration and the details of the circumstances of the file or of the previous record which shall necessarily include the name and surname of the judicial secretary, notary, civil registrar or diplomatic or consular officer who has extended it, the date and number of protocol in his case. Such certification shall be transmitted by electronic means, in the manner determined by regulation, together with the certification of the representative capacity of the Islamic Community to enter into marriages, in accordance with Article 3 (1), within five days to the competent Registrar of the Civil Registry for registration. It shall also issue in the two copies of the minutes or preliminary decision of matrimonial capacity an expresive diligence of the conclusion of the marriage, giving one to the spouses and keeping the other as a record of the celebration in the Community archives.'

Final provision 8th. Amendment of Law 33/2003 of 3 November, of Public Administration Heritage.

One. Article 20(6) shall read as follows:

‘6. The legitimate succession of the General Administration of the State and of the Autonomous Communities shall be governed by this Law, Civil Code and their complementary rules or applicable rules of foreign or special law.

Where, in the absence of other legitimate heirs under ordinary or foral civil law, the General Administration of the State or the Autonomous Communities is called, it shall be the responsibility of the Administration called upon to succeed in each case to make an administrative declaration of its status as an abintestatus heir, having duly justified the death of the person in question, the origin of the opening of the intestate succession and having found the absence of other legitimate heirs.’

Two. A new Article 20a is added:

‘Article 20a. Procedure for the declaration of the State Administration as heiress abintestate.

1. The procedure for the declaration of the administration as heiress abintestato shall be initiated ex officio, by agreement of the competent body, adopted on its own initiative or as a consequence of a higher order, reasoned request from other bodies or complaint, or by virtue of the communications referred to in the Article 791.2 of Law 1/2000 of 7 JanuaryCivil Procedure Act, and article 56.4 of the Law of 28 May 1862 of the Notary Act.

In the event that the appeal is made by the General Administration of the State, the body competent to agree on the initiation shall be the Director General of the State Heritage.

2. The file will be instructed by the Delegation of Economy and Finance corresponding to the place of the last known domicile of the deceased in Spanish territory. If he has never been domiciled in Spain, he shall have jurisdiction over the place where most of his property is situated.

If it is considered that the processing of the file is not the responsibility of the General Administration of the State, it shall be transferred to the Autonomous Administration competent for this purpose.

3. The agreement to initiate the procedure shall be published free of charge in the “Official Gazette of the State” and, when the procedure is carried out by the General Administration of the State, on the website of the Ministry of Finance and Public Administrations, without prejudice to the possibility of using other additional means of dissemination. A copy of the agreement will be sent for publication on the bulletin boards of the City Councils corresponding to the last domicile of the deceased, to the place of death and where most of his assets are located. Edicts must be exposed within one month.

Any interested party may make submissions or provide documents or other evidence before the decision of the proceedings.

4. The Delegation of Economy and Finance shall carry out such acts and checks as may be necessary to determine the origin of the inheritance rights of the General Administration of the State, and shall include in the file as much information as it can obtain about the deceased and his property and rights.

For this purpose, if such documentation has not been submitted by the judicial body or the Notary, information on the deceased and the property and rights of title deemed necessary for the best investigation of the file shall be requested from the public authorities and officials, records and other public records. Such information shall, in accordance with Article 64, be provided free of charge.

The citizens may also seek the cooperation referred to in Article 62.

5. The Attorney General of the State of the province shall issue a report on the adequacy and sufficiency of the proceedings carried out to declare the General Administration of the State as an abintestat heir.

6. The decision of the file and, where appropriate, the declaration of heir abintestato in favour of the State in which the administrative award of property and inheritance rights will be contained, is the responsibility of the Director General of the State Heritage, following a report by the Attorney General of the State-Directorate of the State Legal Service.

The maximum time limit for the termination of the procedure shall be one year. However, if the judicial inventory of the deceased ' s property had not been communicated to the administration within 10 months of the commencement of the proceedings, the time limit for the resolution shall be extended to two months after its receipt.

7. The decision to be issued shall be published in the same places where the agreement to open the file has been announced and shall, where appropriate, be communicated to the judicial body which is aware of the intervention of the estate. A decision declaring it inadmissible to declare the administration heir must also be notified to persons entitled to inherit.

8. Administrative acts issued in the proceedings provided for in this section may be appealed to the contentious-administrative court only for infringement of the rules on jurisdiction and procedure, subject to exhaustion of the administrative procedure. Those who consider themselves injured as to their best right to inheritance or other civil rights by the declaration of heir abintestat or the award of property in favour of the Administration may bring the relevant actions before the organs of the civil court, subject to a complaint in administrative proceedings in accordance with the rules of Title VIII of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.’

Three. A new Article 20b is added:

‘Article 20b. Effects of the declaration of heir abintestate.

1. Once the administrative declaration of heir abintestato has been made, which will result in the acceptance of the inheritance for inventory benefit, the property and rights of the deceased may be taken possession and, where appropriate, the judicial authority may request the surrender of those in its custody.

2. The property and rights of the deceased not included in the judicial inventory and identified after the declaration of the General Administration of the State as heir abintestate and the award of the property and inheritance rights, shall be incorporated into the hereditary wealth and awarded by decision of the Director General of the State Heritage and through the investigation procedure regulated by article 47.

However, in cases where the right of ownership of the deceased is recorded in public registries or account-notation systems, or is derived from the ownership of bank accounts, securities, deposits, and, in general, in any case where his or her right is indubitated by being held in a formal title, the incorporation of the assets shall be effected by agreement of the Delegate for Economy and Finance.

3. For the purposes of these investigative actions, the authorities and officials, records and other public records shall provide free of charge the information at their disposal concerning the property and title rights of the deceased. The same obligation to cooperate and provide the information available to the tax authorities shall apply.

4. For the purposes envisaged in the Articles 14 and 16 of the Mortgage Act, the administrative declaration of heir abintestato containing the award of estate property, or, where appropriate, the subsequent decisions of the Director General of the State Heritage or of the Delegate of Economy and Finance agreeing to the incorporation of goods and rights in the relict and their award, shall be sufficient title to register in favour of the Administration in the Register of the Property the real property or rights that appear in them in the name of the deceased. If the real estate or rights are not previously registered, that title shall be sufficient to be registered.

5. The General Administration of the State shall not be held responsible for the ownership of the assets and rights forming part of the estate until such time as they are handed over to it by the judicial body, or if they are actually held in possession of them.”

Four. A new Article 20 quater is added:

‘Article 20 quater. Liquidation of the hereditary flow.

1. Once it is in possession of the inheritance, the General Administration of the State shall proceed with the liquidation of the assets and rights of the estate, and the amount obtained in the manner provided for in the Article 956 of the Civil Code.

2. However, the Council of Ministers, having regard to the characteristics of the assets and rights included in the relict, may exclude all or some of them from liquidation and distribution.

3. In addition, the Director General of the State Heritage may exclude from the liquidation any property that may be retained in the assets of the General Administration of the State for the purpose or secondment to the purposes or services of its organs or of the dependent public bodies. In this case, if the value of these assets exceeds that of the third corresponding to the General Administration of the State, the excess to the rest of the flow will be compensated by the corresponding budgetary amendment.

4. Once the account for the liquidation of the abintestate has been approved and the relevant amounts have been entered into the Treasury, credit shall be generated for an amount equivalent to two thirds of the value of the relict in the item entered in the General Budget of the State to cover transfers for purposes of social interest that is provided with the tax allocation for this purpose derived from the full contribution of the Income Tax of the Physical Persons.’

Five. A new 20th additional provision is added:

‘Additional provision twenty-fourth. Abintestato succession of the Hospital of Our Lady of Grace of Zaragoza.

The declaration as an abintestate heir to the Hospital of Our Lady of Grace of Zaragoza will be made by the General Council of Aragon.”

Six. A new additional provision is added twenty-fifth.

‘Additional provision twenty-fifth. Abintestato succession of the Provincial Councils of the historical territories of the Basque Country.

The declaration as heiress abintestato of the Provincial Councils of the Historical Territories of the Basque Country shall be made by the corresponding Provincial Council.’

Seven. Paragraphs 1, 2 and 5 of the second final provision are amended:

‘1. The following provisions of this Act are made under the exclusive competence of the State in the area of procedural law of the Republic of Armenia: Article 149.1.6.a of the Constitutionand Article 20a(8); Article 43; and Article 110(3) are of general application.

2. The following provisions of this Act are made under the protection of Article 149.1.8.a of the Constitutionand are of general application, without prejudice to the provisions of foreign or special civil rights, where they exist: Article 4; Article 5(1), (2) and (4); Article 7(1); Article 15; Article 17; Article 18; Article 20(2), (3) and (6); Article 22; Article 23; Article 30(1) and (2); Article 37(1), (2) and (3); Article 38(1) and (2); Article 39; Article 40; Article 49; Article 53; Article 83(1); Article 97; Article 98; and Article 99(1).’

‘5. They have the nature of basic legislation, as provided for in the Article 149.1.18.a of the Constitutionthe following provisions of this Law: Article 1; Article 2; Article 3; Article 6; Article 8(1); Article 20 bis(1) to (6); Article 20 ter; Article 27; Article 28; Article 29(2); Article 32(1) and (4); Article 36(1); Article 41; Article 42; Article 44; Article 45; Article 50; Article 55; Article 58; Article 61; Article 62; Article 84; Article 91(4); Article 92(1), (2) and (4); Article 93(1), (2), (3) and (4); Article 94; Article 97; Article 98; Article 100; Article 101(1), (3) and (4); Article 102(2) and (3); Article 103(1) and (3); Article 106(1); Article 107(1); Article 109(3); Article 121(4); Article 183; Article 184; Article 189; Article 190; Article 190 bis; Article 191; First transitional provision, paragraph 1; fifth transitional provision; the twenty-third additional provision and the twenty-fourth.’

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

The sixth paragraph of article 38 becomes as follows:

‘Where there is no agreement between the experts, a third expert shall be appointed by both parties. In the absence of such a case, it may be promoted in the manner provided for in the Law on Voluntary Jurisdiction or in the legislation of the State. In such cases, the expert opinion shall be delivered within the time limit set by the parties or, failing that, within 30 days of the third expert accepting his appointment.’

Final provision 10th. Amendment of Law 41/2003 of 18 November 2003, for the protection of persons with disabilities and the modification of Civil Code, of Civil Procedure Act and the Tax Regulations for this purpose.

Article 5(2) is amended to read as follows:

‘2. In other cases, the rules of administration, laid down in the public instrument of incorporation, must provide for the obligation of judicial authorization in the same cases as the guardian requires it in respect of the assets of the guardian, in accordance with the Articles 271 and 272 of the Civil Code or, where appropriate, in accordance with the rules of civil, foreign or special law applicable.

By way of derogation from the preceding paragraph, authorization is not necessary where the beneficiary has sufficient capacity to act.

In no case shall public auctions be necessary for the disposal of the property or rights that make up the protected heritage.

In any case, and in accordance with the specific purpose of the assets protected from satisfying the vital needs of their owners, with the same goods and rights integrated therein, as well as with their fruits, products and yields, the expenditure of money and consumption of consumables integrated into the protected assets shall not be regarded as acts of disposition, when they are made to meet the vital needs of the beneficiary person.’

Eleventh final disposition. Amendment of the Law of 28 May 1862 on the Notaryate.

One. A new Title VII is introduced, with the following content:

‘TITLE VII

Intervention of notaries in special records and records

CHAPTER I

General rules

Article 49.

Notaries shall intervene in special files by authorizing public records or deeds:

(1) Where the record is intended to be the declaration of the will of the person who urges it or the performance of a legal act involving the provision of consent, the Notary shall authorize a public deed.

2. Where the purpose of the file is to establish or verify an act, the notary shall issue and authorize a record of the act, as well as its judgements or qualifications.

Article 50.

1. In January of each year, the Dean of each Notary College of the different professional associations, similar bodies, as well as the Academies and cultural and scientific institutions concerned with the study of the subjects relevant to the purpose of the expertise shall be interested in sending a list of collegiate or associate experts, who shall be available to the Notaries in the Notary College. Professionals who demonstrate necessary knowledge of the relevant subject, whether or not they belong to a professional association, may also apply for membership of the list. The first designation of each list shall be made by drawing of lots made in the presence of the Dean of the Notary College, and thereafter the following designations shall be made by the College in a corresponding order as requested by the Notaries belonging to the College.

2. Where an expert is to be appointed without official title, practice or understanding in the matter, the appointment shall be made by the procedure laid down in the preceding paragraph, using a list of persons to be requested each year from appropriate trade unions, associations and entities, and comprising at least five such persons. If, because of the uniqueness of the subject matter of the opinion, only the name of an understood person or practice is available, the consent of the parties shall be sought and only if all the consent is given shall the expert be designated.

CHAPTER II

Public acts and deeds in matrimonial matters

Section 1.a of the marriage act and the public deed of the marriage celebration

Article 51.

1. Those who are to enter into marriage for which a record of the fulfilment of the capacity requirements of both spouses, the absence of impediments or their exemption, or any kind of obstacle to marriage is specified, shall first request that they be brought before the Notary who has his residence in the place of the domicile of either of them.

2. The application, processing and authorisation of the minutes shall be in accordance with the provisions of the Article 58 of Law 20/2011 of 21 July 2011the Civil Registry Act and, as far as is not provided for, this Act.

Article 52.

1. If the act is favourable to the celebration of the marriage, it shall be carried out before the Notary who has intervened in the processing of the marriage by granting a public deed in which it shall record all the circumstances established in the Civil Registry Act and its rules of procedure.

2. When the parties, in the initial application or during the processing of the minutes, have requested that the consent be given to the Magistrate, Mayor or Councillor to whom the delegate or other Notary is delegated, a copy of the act shall be sent to the elected official, who shall confine himself to the conclusion of the marriage and shall make an act or grant public deed, as appropriate, with all the requirements legally required.

3. If the marriage is concluded in danger of death, the Notary shall issue a public deed on the basis of which the marriage consent benefit is taken, after medical advice on its ability to provide the marriage and on the seriousness of the situation when the risk arises from illness or physical condition of any of the spouses, unless proven impossible. Thereafter, the Notary shall proceed with the processing of the certificate of verification of the validity of the marriage.

Section 2.a The notoriety record for the record of legal matrimonial property regime

Article 53.

1. Those who wish to record expressly in the Civil Registry the legal matrimonial property regime that corresponds to their marriage when it is not previously recorded must apply for the processing of a notoriety certificate from the Notary with residence in any of the matrimonial domiciles that they have had, or in the domicile or habitual residence of any of the spouses, or where most of their property is located, or where they carry out their work or business activity, at the request of the applicant. You may also choose a Notary from a district adjacent to the above.

2. The application for the initiation of the minutes shall be accompanied by the applicant's identity and address documents. The absence of a registered matrimonial property regime must be confirmed by information from the Civil Registry.

Applicants shall affirm the certainty of the positive and negative facts on which the record is to be founded, provide such documentation as they deem appropriate for the determination of the facts and must accompany the supporting documents of their civil neighbourhood at the time of marriage and, if they cannot do so, must provide information from at least two witnesses to ensure the reality of the facts from which the application of the legal matrimonial property regime results.

3. After having completed the previous proceedings, the Notary shall state his general judgement on whether the facts are proven by notoriety and, if he considers the legal economic regime of the marriage sufficiently established, shall transmit, on the same day and by telematic means, an electronic copy of the act to the relevant Civil Registry. Otherwise, the Notary shall also close the minutes and the non-compliant persons concerned may exercise their right in the relevant trial.

Section 3.a. From the public deed of separation or divorce

Article 54.

1. The spouses, if they do not have minor children who are not emancipated or have the judicially modified capacity dependent on them, may agree to their separation or divorce by mutual agreement, by means of a regulatory agreement in public writing. They shall give their consent to the Notary of the last common domicile or the domicile or habitual residence of any of the applicants.

2. Spouses shall be assisted in the granting of the public deed of the current Literary.

3. The application, processing and granting of the public deed shall be in accordance with the provisions of the Civil Code and in this law.

CHAPTER III

Inheritance records

Section 1.a of the declaration of heirs abintestate

Article 55.

1. Those who consider themselves entitled to succeed abystestat to a deceased person and whether they are their descendants, ascendants, spouses or persons united by similar affection to the conjugal, or their collateral relatives, may urge the declaration of heirs abintestato. The latter shall be processed in a notoriety act authorized by the Notary competent to act in the place where the deceased had his last domicile or habitual residence, or where most of his estate was held, or where he had died, provided that he was in Spain, at the choice of the applicant. You may also choose a Notary from a district adjacent to the above. In the absence of all of them, the Notary of the place of domicile of the applicant shall be competent.

2. The minutes shall be initiated at the request of any person with a legitimate interest, in the opinion of the Notary, and shall be processed in accordance with the provisions of this Law and the notarial regulations.

Article 56.

1. The requirement for the initiation of the minutes shall contain the designation and identifying information of persons whom the applicant considers to be called to the inheritance and shall be accompanied by documents proving the kinship with the deceased of persons designated as heirs, as well as the identity and domicile of the deceased. In any event, the death of the deceased must be established and that the deceased has occurred without a successor title by means of information from the Civil Registry and the General Registry of Acts of Last Will, or, where appropriate, by authentic document of which the Notary is of the opinion, indubitably, that, despite the existence of a will or contract of succession, the succession is abintestato, or by means of a final judgment declaring the invalidity of the successor title or of the institution of heir. The documents submitted or testimony thereto shall be incorporated into the record.

The applicant shall affirm the certainty of the positive and negative facts, on which the record is to be founded and shall provide evidence that the person in question has died without a last wish and that the designated persons are his sole heirs.

Where any of the persons concerned is a minor or a person with a judicially modified capacity and lacks legal representation, the Notary shall inform the Public Prosecutor ' s Office of this fact in order to call for the appointment of a legal counsel.

2. At least two witnesses who claim that their own science or notoriety is the positive and negative facts whose declaration of notoriety is intended must be recorded in the minutes. Such witnesses may be relatives of the deceased, either by consanguinity or affinity, if they have no direct interest in the succession.

In order to ensure the hearing of any interested party, the notary shall, in addition to the evidence proposed by the applicant, carry out such evidence as it deems appropriate, and in particular that it is aimed at proving his identity, domicile, nationality and civil neighbourhood and, where appropriate, applicable foreign law.

If the identity or domicile of any of the persons concerned is ignored, the Notary shall, by his own initiative, seek the assistance of the organs, registers, public authorities and consular authorities which, by reason of their competence, have files or records relating to the identity of the persons or their domiciles, in order to obtain the information requested by him, if possible.

If the identity or domicile of any of the persons concerned cannot be ascertained, the Notary shall give publicity to the processing of the minutes by means of an announcement published in the “Official Gazette of the State” and may, if he deems it appropriate, use other additional means of communication. It shall also state the notice of the minutes on the notice boards of the City Councils corresponding to the last domicile of the deceased, to the place of death, if different, or to the place where most of his real estate is located.

Any interested party may object to the claim, submit submissions or provide documents or other evidence within one month of publication or, where appropriate, of the last statement of the notice.

3. After completion of the previous proceedings and after the period of twenty working days, from the initial request or from the end of the period of the month granted to make allegations in case of publication of the notice, the Notary shall state his general judgment on the accreditation for the notoriety of the facts and presumptions on which the declaration of heirs is based. Whatever the Notary's trial, the record will be completed and its protocolization will be carried out.

If so, it shall declare which relatives of the deceased are the heirs abintestato, expressing their circumstances of identity and the rights that they are legally entitled to in the inheritance.

The minutes shall record the reservation of the right to exercise its claim before the Tribunals of those who have not at the notary ' s discretion demonstrated their right to inheritance and of those who could not have been located. Those who consider themselves harmed by their rights may also take part in the appropriate declaratory process.

Once the declaration of heir abintestato has been made, the judicial authority may, if necessary, be required to hand over the property in its custody, unless one of the heirs requests the judicial division of the inheritance.

4. Within two months of the date on which the persons concerned were summoned without having been presented, or if the persons who have been brought to the Court claiming the inheritance were declared without rights, a copy of the minutes of the proceedings will be forwarded to the relevant Economic and Financial Affairs Office if the administrative declaration of the heir is appropriate. In the event that such a declaration does not correspond to the General Administration of the State, the said Delegation shall transmit such notification to the Autonomous Administration responsible for that purpose.

Section 2.a: Presentation, adveration, opening and protocolization of closed wills

Article 57.

1. The presentation, announcement, opening and protocolization of closed wills shall be made to the Notary competent to act in the place where the deceased had his last domicile or habitual residence, or where most of his estate was, irrespective of its nature in accordance with the applicable law, or in the place where he died, provided that he was in Spain, at the choice of the applicant. You may also choose a Notary from a district adjacent to the above. In the absence of all of them, the Notary of the place of domicile of the applicant shall be competent.

2. If 10 days after the death of the grantor, the will was not submitted as provided for in the Civil Codeany interested party may request the Notary to require the person holding a closed will to present it to him. The identity of the deceased must be established and, by means of information from the Civil Registry and the General Registry of Last Will Acts, the death of the grantor and if it has granted other testamentary provisions. If it is strange to the family of the deceased, it must also express and prove in the application the reason why it believes it has an interest in the presentation of the will.

3. When the Notary is brought before him who has in his possession a will closed in fulfilment of the duty established in the Article 712 of the Civil Code and declare that he has no interest in the adveration and protocolization of the will, the Notary shall require those who may have an interest in the inheritance, as stated by the appearing one, and, in any case if they are known to him, the surviving spouse, the descendants and ascendants of the testator and, in their absence, collateral relatives up to the fourth degree to promote the file before the competent Notary, if they are interested.

Where any of the persons concerned is a minor or a person with a judicially modified capacity and lacks legal representation, the Notary shall inform the Public Prosecutor ' s Office of this fact in order for it to urge the appointment of a legal counsel.

4. If the identity or domicile of these persons is ignored, the Notary shall give publicity to the file on the notice boards of the City Councils corresponding to the last domicile or habitual residence of the deceased, to the place of death if different and where most of his property is located, without prejudice to the possibility of using other means of communication. Notices must be displayed within one month.

5. Three months after the requirements have been made or after the end of the last statement of the notice without the will having been submitted, despite the request, or without any interested party promoting the file, the same shall be filed, without prejudice to the resumption of the notice at the request of any interested party.

Article 58.

1. Anyone who submits the will or other interested party may request the Notary, upon proof of the death of the testator, to quote the notary authorizing the testament for the earliest possible date, if different, and, where appropriate, the instrumental witnesses who have intervened in the award.

2. The witnesses referred to, who appeared on the said day, shall be examined and shall be shown the sealed statement for examination and declaration under oath or promise if they recognize as legitimate the signature and rubric that their name appears on it, and if they find it in the same state as it was when they signed it.

3. When no one or some of those mentioned appear, the others will be asked if they saw that they signed and initialled. The Notary may, if he deems it necessary, agree to cross-check letters and other proceedings leading to the investigation of the authenticity of the signatures of the unappeared and the deceased.

Article 59.

1. Once the proceedings referred to in the preceding article have been carried out, and as a result of which the solemnities prescribed by law have been preserved in the granting of the will, the Notary shall open the documents and read aloud the testamentary provision, unless it contains a provision of the testator ordering that any or some clauses remain reserved and secret until a certain time, in which case the reading shall be limited to the other clauses of the testamentary provision.

2. Relatives of the testator or other persons in whom an interest may be presumed may witness the opening of the document and the reading of the will, if they consider it appropriate, without allowing them to object to the practice of diligence for any reason, even if they submit another later will.

Article 60.

1. After the above procedures have been completed, the Notary shall issue a protocol in accordance with this Law and its implementing regulations.

2. When the Notary concludes that the will does not collect the solemnities prescribed by law or that, in his opinion, the authenticity of the statement was not established, he shall record it, close the record and shall not authorize the protocolization of the testament.

Whether authorized or not to protocolize, non-conforming persons may exercise their right in the appropriate trial.

Section 3.a On the presentation, adveration, opening and protocolization of olograph wills

Article 61.

1. The presentation, announcement, opening and protocolization of the olograph wills shall be made to the Notary competent to act in the place where the deceased had his last domicile or habitual residence, or where most of his estate was, irrespective of its nature in accordance with applicable law, or in the place where he died, provided that he was in Spain, at the choice of the applicant. You may also choose a Notary from a district adjacent to the above. In the absence of all of them, the Notary of the place of domicile of the applicant shall be competent.

2. If 10 days after the death of the grantor, the will was not submitted as provided for in the Civil Codeany interested party may request the Notary to require the person in his possession to submit an olograph will to him. The identity of the deceased must be established and, by means of information from the Civil Registry and the General Registry of Last Will Acts, the death of the grantor and if it has granted other testamentary provisions. If it is strange to the family of the deceased, it must also express in the application the reason why it believes it has an interest in the presentation of the will.

3. When a notary is brought before a person who has an olographer's will in accordance with the duty established in the Article 690 of the Civil Code and declare that he has no interest in the adveration and protocolization of the will, the Notary shall proceed in accordance with Article 57(3).

4. Applications submitted after five years after the death of the testator shall not be accepted.

Article 62.

1. Once the olograph will has been submitted, at the request of the presenter or another interested party, the Notary shall require that the surviving spouse, if any, the descendants and ascendants of the testator and, in the absence of either, the collateral relatives up to the fourth degree, be brought before him on the day and time indicated.

2. If his identity or domicile is ignored, the Notary shall give publicity to the file on the notice boards of the City Councils corresponding to the last domicile or residence of the deceased, to the place of death if it is different and where most of his property is located, without prejudice to the possibility of using other means of communication. Notices must be displayed within one month.

3. Where any of the above persons is a minor or a person with a judicially modified capacity and has no legal representative, the Notary shall inform the Public Prosecutor ' s Office of this fact in order to call for the appointment of a legal counsel.

4. If the applicant has asked the Notary to appear as witnesses to testify on the authenticity of the will, the Notary shall summon them to appear before him on the day and time he sets.

5. On the day indicated, the Notary will open the olograph will when it is in sealed form, initialize it on all its sheets and the witnesses will be examined. When at least three witnesses, who knew the letter and signature of the testator, declare that they have no rational doubt that it was written and signed by him, they may dispense with the witness statements that are missing.

In the absence of suitable witnesses or in doubt about the examination, the Notary may agree, if it deems it appropriate, that a calligraphic expert test be carried out.

6. The persons concerned may witness the practice of the proceedings and make any observations they deem appropriate on the authenticity of the will, which, if necessary, shall be reflected by the Notary in the minutes.

Article 63.

If the notary considers the authenticity of the will to be justified, he shall authorize the protocol and issue a copy thereof to the interested parties who request it.

If not, it shall so state, close the record and shall not authorize the protocolization of the will.

Whether authorized or not to protocolize the will, non-conforming parties may exercise their right in the appropriate trial.

Section 4.a: Presentation, adveration, opening and protocolization of oral wills

Article 64.

1. The presentation, announcement, opening and protocolization of the oral wills shall be made to the Notary competent to act in the place where the deceased had his last habitual domicile or residence or where most of his estate was, regardless of its nature in accordance with the applicable law, or in the place where he died, provided that he was in Spain, at the choice of the applicant. You may also choose a Notary from a district adjacent to the above. In the absence of all of them, the Notary of the place of domicile of the applicant shall be competent.

2. Any interested party may request the Notary to grant the corresponding protocol of protocolization of the will granted orally.

3. The identity of the deceased must be established and, by means of information from the Civil Registry and the General Registry of Last Will Acts, the death of the grantor and if it has granted other testamentary provisions. If it is strange to the family of the deceased, it must also express in the application the reason why it believes it has an interest in the presentation of the will.

The request shall be accompanied by the note, memory or support in which the voice or audio and video are recorded with the last provisions of the testator, provided that it is reproduced, and taken at the time the will is granted.

The names of the witnesses to be summoned by the Notary shall also be expressed in order to appear before him for the purpose of their bestowal.

Article 65.

1. The notary shall, after accepting the request, summon witnesses as indicated by the applicant, to appear before him on the day and time indicated. If the person summoned as a witness fails to appear and does not plead cause justifying his absence, the Notary shall re-apply the summons indicating the day and time of the new appearance.

Where the testator's will has been recorded in a note, memory, or durable magnetic or digital support, the witnesses shall be shown to say whether it is the same as the one read or recorded and whether they recognize their respective signatures and rubrics as legitimate, in the case of having placed them.

2. The provisions laid down in the preceding articles concerning the summons and presence of persons having an interest in the practice of such proceedings apply.

3. The Notary shall reflect all the proceedings in the record and shall authorize the protocolization of the will, without prejudice to any third party, where the following circumstances are clear and conclusively established from the testimony of the witnesses:

1. What was the legal cause for the granting of the will orally.

2. That the testator had the serious and deliberate purpose of granting his last disposition.

3. That the witnesses heard simultaneously from the mouth of the testator all the dispositions that they wanted to have as their last will, either by word of mouth, or by reading or reading some note or memory in which it was contained.

4. That witnesses were in the number required by law, according to the circumstances of the place and time in which it was granted, and that they gather the qualities required to be witnesses in wills.

4. Where there is any divergence in the testimony of witnesses, this shall be recorded in the record and only those demonstrations in which everyone is satisfied shall be protocolized as witnesses. If it is not in any of the demonstrations, the file shall be filed without protocolisation.

5. If the last will has been recorded in note, memory or magnetic or digital durable support, in the act of the bestowal, it shall be the will of what it results from, provided that all witnesses are satisfied with its authenticity, even if any of them do not remember any of its provisions and this shall be reflected in the protocolization act to which the note, memory or magnetic or digital durable support will be attached.

6. If the Notary does not consider the authenticity of the will to be justified, it shall so state, close the record and not authorize the protocolization of the will.

Whether authorized or not to protocolize the will, non-conforming parties may exercise their right in the appropriate trial.

Section 5.a Of the albaceazgo and of the dividing meters

Article 66.

1. The notary shall authorize a public deed:

(a) In cases of resignation of the executor or extension of the time limit for the executor for having just cause.

(b) For the appointment of an estate partitioner in the cases provided for in the Article 1057 of the Civil Code. The appointment shall be made in accordance with Article 50.

(c) In cases of resignation of the appointed estate partitioner or extension of the time limit set for the execution of its commission.

(d) For the approval of the partition by the meter-party where necessary for lack of express confirmation of all heirs and legates.

2. The Notary who has his residence in the place where the deceased had his last domicile or habitual residence, or where most of his estate is, irrespective of its nature in accordance with the applicable law, or where he died, provided that he was in Spain, at the applicant's choice, shall be competent. You may also choose a Notary from a district adjacent to the above. In the absence of all of them, the Notary of the place of domicile of the applicant shall be competent.

3. The Notary may also authorize public deed, if required, of excuse or acceptance of the office of executor.

Section 6.a on inventory formation

Article 67.

1. It shall be competent to form an inventory of the property and rights of the deceased for the purpose of accepting or repudiating the inheritance for those called to it, the Notary residing in the place where the deceased had his or her last domicile or habitual residence, or where most of his or her estate was held, irrespective of its nature in accordance with applicable law, or in the place where he or she died, provided that they were in Spain, at the choice of the applicant. You may also choose a Notary from a district adjacent to the above. In the absence of all of them, the Notary of the place of domicile of the applicant shall be competent.

2. The heir applying for inventory formation must present his hereditary succession certificate and must prove to the Notary or verify it by means of information from the Civil Registry and the General Registry of Last Will Acts on the death of the grantor and the existence of testamentary provisions.

3. Once the request has been accepted, the Notary shall summon creditors and legatees to come, if appropriate, to witness the inventory. If his identity or domicile is ignored, the Notary shall give publicity to the file in the notice boards of the City Councils corresponding to the last domicile or habitual residence of the deceased, to that of the place of death if it is different and where most of his property is located, without prejudice to the possibility of using other means of communication. Notices must be displayed within one month.

Article 68.

1. The inventory shall begin within thirty days of the citation of creditors and legates.

2. The inventory shall contain a list of the property of the deceased, as well as the deeds, documents and important papers that are in place, referring to movable and immovable property. From the real estate registered in the Property Registry, domain and cargo certifications will be provided or obtained by the Notary. The valuation of the cash and transferable securities deposited with financial institutions shall be provided attesting or document issued by the depository institution, and if such securities are subject to official listing, shall be included at a specified date. If by the nature of the property the interested parties consider the intervention of experts necessary for their valuation, they shall be appointed by the Notary in accordance with the provisions of this Law.

3. The liability shall include a circumstantial account of the debts and obligations as well as of the time limits for their performance, with an updated indication of the amount of the debts and obligations requested by the creditors, as well as of the fact that they have expired and are not satisfied. The amount of the debt or obligation shall be included in full, not received from the creditors.

4. The inventory shall be completed within 60 days of its commencement. If the 60-day period is deemed to be insufficient for the right reason, the notary may extend the 60-day period to a maximum of one year. Once the inventory has been completed, the minutes will be closed and protocolized. In any event, the rights of third parties shall be protected.

CHAPTER IV

Of the files on obligations

Section 1.a: Offer of payment and appropriation

Article 69.

1. The offer of payment and the appropriation of the goods concerned may be made to the Notary.

2. The promoter of the file shall state the particulars and circumstances of identification of the interested parties in the obligation to which the offer of payment or the consignment relates, the domicile in which they may be found, as well as the reasons for the action, all matters relating to the purpose of the payment or the consignment and its making available to the Notary.

3. Where the assets disclosed consist of money, securities and financial instruments, in the broad sense, they shall be deposited by the Notary necessarily with the Financial Entity collaborating with the Administration of Justice.

If they are of a different nature than those referred to in the preceding paragraph, the Notary shall arrange for their deposit or arrange for their custody to be kept in an establishment suitable for that purpose, ensuring that the necessary measures are taken for their preservation, which shall be duly justified by diligence in the minutes.

4. The notary shall notify the interested parties of the existence of the offer of payment or the consignment, for the purpose of accepting the payment within 10 working days, withdrawing the due thing or making any representations that they deem appropriate.

If the creditor responds to the request by accepting the payment or the notice in time, the Notary shall deliver the goods to the creditor by stating in the record the circumstances, terminating the file.

If, after that period, it did not withdraw, make no allegation or refuse to receive it, the documents shall be returned without further formalities and the file shall be closed.

Section 2.a Claim for non-contradictory monetary debts

Article 70.

1. The creditor seeking payment of a civil or commercial money debt, whatever its amount and origin, liquid, determined, expired and enforceable, may apply from Notary residing at the domicile of the debtor as recorded in the document proving the debt or documentary evidence, or at the debtor's habitual residence or where the debtor may be found, which requires the debtor to pay, where the debt is established in the documentary form, which, in the opinion of the Notary, is indubitable. The debt will necessarily have to break down principal, remuneratory and delayed interest applied.

The following may not be claimed by means of this file:

(a) Debts arising from a contract between an entrepreneur or professional and a consumer or user.

(b) Those based on Article 21 of Law 49/1960 of 21 July, from Horizontal Property.

(c) Maintenance debts in which minors or persons with judicially modified capacity are concerned, or those relating to unavailable matters or operations subject to judicial authorization.

(d) Claims in which a Public Administration is concerned.

2. For this purpose, a notarial record shall be authorized, which shall include the following circumstances: the identity of the creditor and debtor; the domicile of both, as recorded in the document giving rise to the claim, unless it is documented that they have been amended, in which case both must be recorded and the origin, nature and amount of the debt. The document or documents constituting the title of the complaint shall also be accompanied to the minutes.

The Notary shall not accept the request if it concerns any of the excluded claims, lacks any of the above data or documents or is not competent.

3. Once the creditor's request has been accepted and the requirements set out in the preceding paragraphs have been satisfied, the Notary shall require the debtor to pay the petitioner within twenty working days.

If the debtor cannot be located in any of the possible addresses established in the record or the order cannot be delivered, the Notary shall terminate his or her activity, stating that this is the case and the exercise of the creditor's right by judicial means shall be protected.

5. The order shall be validly made to the debtor if it is located and effectively requested by the Notary, even if he refuses to take over the accompanying documentation, which shall be made available to him in the Notary. The request made to any employee, family member or person with whom the debtor lives, provided that he is of legal age, when he or she is at his or her home, shall also be valid, and the Notary shall advise the recipient that he or she is obliged to deliver the request to his or her addressee or to give notice if he or she knows his or her whereabouts. If the request is made at the place of work which is not occasional of the addressee, in the absence of the addressee, it shall be made to the person in charge of the unit intended to receive documents or objects.

In the event that the addressee is a legal person, the Notary shall understand the diligence with the adult person who is at the address indicated in the document above and who is part of the administrative body, who proves to be a representative with sufficient powers or who, in the opinion of the Notary, acts notoriously as a person entrusted by the legal person to receive credible requirements or notifications in his interest.

Article 71.

1. Once the request has been made, if the debtor appears before the requesting Notary and pays the debt in full within twenty working days thereafter, it shall be recorded by diligence in the minutes, which shall be in the nature of a letter of payment. In such a case, the Notary shall, without delay, deliver the amount paid to the creditor in the manner requested by the creditor.

If the debtor pays the creditor directly, and within the prescribed time limit, it proves this fact, with express confirmation by the creditor, the Notary shall close the record, terminating the proceedings.

If there is no express confirmation by the creditor within the time limit for payment, the Notary shall also close the minutes, and the court proceedings shall be opened.

2. If the debtor appears before the Notary to object, the reasons for the objection shall be taken up and recorded by diligence. Once the creditor has been informed of such circumstances, the notarial proceedings shall be terminated, with the rights of the creditor for the claim of the debt in the legal process being protected.

Where several debtors have been required for a single debt, the opposition of one may lead to the end of the notarial action in respect of all, if the case is concurrent, recording any payments which one of them might have made.

3. If the debtor fails to appear or to raise grounds for objection within the prescribed period, the Notary shall record that fact.

In this case, the minutes shall be a document which has been carried out for the purposes of Article 517 (2), No 9. Civil Procedure Act. Such execution shall be carried out in accordance with the provisions for extrajudicial executive titles.

CHAPTER V

From the notarial auction file

Article 72.

1. Auctions made before Notary in compliance with a legal provision shall be governed by the rules that establish them respectively and, failing that, by those of this Chapter.

Auctions made before a Notary pursuant to a judicial or administrative decision, or contractual or testamentary clause, or pursuant to an arbitral award or mediation agreement, or by special agreement in a public instrument, or voluntary auctions shall also be governed by the rules of this Chapter.

2. In any event, the rules for electronic auctions laid down in procedural legislation shall apply in a supplementary capacity provided that they are compatible.

3. If there is no provision, and the auction is held pursuant to a judicial or administrative decision, it shall be competent, in the absence of any designation by agreement of all interested parties between the Notaries residing within the jurisdiction of the judicial or administrative authority, to designate the holder of the goods or rights auctioned or most of them, if any, from among the competent authorities. If the various holders are equal owners, the choice of the Notary shall be that of the previous holder. If it is not possible to determine who is responsible for the designation of the Notary, or if it is not communicated to the judicial or administrative authority by whomever it is appropriate within five days of the request to make it, the appointment shall be made in accordance with the regulations among those who are competent.

In the remaining cases, the freely designated Notary shall be the one of all concerned. In the absence of any provision to that effect, the person freely designated by the applicant, if he or she is a holder of the goods or rights auctioned, shall have jurisdiction. If it is not, the notary of the right of business shall be competent in the domicile or habitual residence of the holder or of any of the holders, if they are several, or in the situation of the good or of most of the property, at the choice of the applicant. You may also choose a Notary from a district adjacent to the above.

Article 73.

1. The Notary shall, at the request of a person entitled to urge the sale of a particular property, movable or immovable, or right, proceed to call the auction, after examining the application, attesting to the identity and capacity of its promoter and the legitimacy to urge it.

The auction will be electronic and will take place on the Auction Portal of the State Agency Official State Gazette. In any event, the notary shall be authorised to approve the minutes reflecting the essential circumstances and the outcome of the auction and, where appropriate, the authorization of the corresponding public deed of sale.

2. The applicant shall demonstrate to the Notary the ownership of the property or the right to auction or its legitimation to dispose of it, the freedom or state of charge of the property or right, the rental and possession situation, the physical state in which it is found, outstanding obligations, valuation for the auction and any circumstances affecting its value, as well as, where appropriate, the representation with which it acts.

3. The Notary, after verifying compliance with the foregoing points and after consulting the Public Registry for the purposes provided for in the special legislation, shall accept the request, if necessary. If the notary agrees to its origin, he shall inform the Public Registry of the existence of the file with express specification of the tax identification number of the holder of the natural or legal person whose property is to be auctioned. The Public Registry shall notify the Notary who is aware of the file of the practice of any entries made associated with the tax identification number notified for the purposes provided for in the insolvency law.

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

4. If it is a real property or right registered in the Register of Property or movable property subject to a registration regime similar to those of the property or movable property, the Notary shall request by electronic procedures registration of domain and charges. The Registrar shall issue the certification with continuous information on an equal basis and shall record by note outside the estate or right this circumstance. This note shall have the effect of indicating the situation of sale by auction of the good or right and shall expire six months from its date unless the Notary has previously notified the Registrar of the closure of the file or its suspension, in which case the period shall be counted after the Notary has notified its resumption.

The Registrar shall immediately notify the Notary and the Auction Portal of the State Agency of the State Official Gazette of the fact that another or other titles affecting or modifying the initial information have been submitted.

The Auction Portal will collect the information provided by the Register immediately for transfer to those who consult its contents.

Article 74.

1. The notice of the call for tenders shall be published in addition to the places designated by the promoter of the file in the Official State Gazette.

The invitation to tender shall be announced at least 24 hours in advance of the opening of the time limit for the submission of positions.

The notice shall contain only its date, the name and surname of the Notary in charge of the auction, place of residence and protocol number assigned to the opening of the minutes, and the electronic address corresponding to the auction on the Auction Portal. It shall indicate the general and particular conditions of the auction and of the goods to be auctioned, as well as all relevant information and circumstances and the minimum quantity eligible for the tender where appropriate. The registration certification, in the case of goods subject to registration advertising, may be consulted through the Auction Portal, which will inform of any alteration in its ownership or status of charges. It shall also indicate, where appropriate, the possibility of visiting the building subject to auction or of examining with the necessary guarantees the movable property or evidence of credit, if appropriate.

2. The Notary shall notify the holder of the good or right, except where the applicant is the applicant himself, of the initiation of the file, as well as of the contents of its notice and the procedure followed for fixing the type of auction. It will also require you to appear in the minutes in the interest of your interests.

The procedure shall be carried out either in person or by sending a certified letter with acknowledgement of receipt to the registered address or, failing that, in a public document or in the case of unregistered property, shall be forwarded to the registered habitual address. If the address is not known, the notification shall be made by edicts.

The procedure shall be carried out either in person or by sending a certified letter with acknowledgement of receipt or in any form provided for by the notary legislation to the registered place of residence. In the case of unregistered property, it shall be addressed to the accredited habitual domicile. If the address is not known, the notification shall be made by edicts.

The Notary shall communicate by the same means, where appropriate, the holding of the auction to the rightholders and the charges contained in the domain certification, as well as to the tenants or occupants identified in the application. If you can't locate them, you'll get the same publicity as the one planned for the auction.

3. If the valuation is not contractually established or has not been provided by the applicant where the applicant is able to do so on its own, it shall be determined by expert appointed by the Notary in accordance with this Law. The expert shall appear before the Notary to deliver his opinion and to ratify it. Such valuation shall constitute the type of the invitation to tender. No postures below the type will be allowed.

4. If the owner of the property or a third party considered entitled to do so appears in opposition to the holding of the auction, the Notary shall record his opposition and the reasons and documents to which he refers, subject to the appropriate shares. The notary shall suspend the file where the application is justified, and shall proceed to its resumption if it is not accepted.

Article 75.

1. The electronic auction shall be conducted subject to the following rules:

1.a The auction shall take place on the Auction Portal of the State Agency Official Gazette of the State, to whose management system the Notaries shall be connected through the computer systems of the General Council of the Notary. All exchanges of information to be carried out between the Notaries and the Portal de Aubastas will be carried out in a telematic way.

2.a The auction shall be opened at least 24 hours after the date of publication of the notice in the “Official Gazette of the State”, once the necessary information for the start of the auction has been sent to the Auction Portal.

3.a Once the auction has been opened, electronic bids may be made only for at least 20 calendar days from its opening. Its development shall be in accordance with the rules laid down in the present chapter in all matters which are not opposed to it. Civil Procedure Act to be applicable to you. In any case, the Auction Portal will inform during its celebration of the existence and amount of bids.

4.a To be able to participate in the auction, it will be necessary to be in possession of the appropriate accreditation to intervene in the auction, after having recorded in electronic form 5 per 100 of the value of the goods or rights.

If the applicant wishes to participate in the auction, it will not be required to make such an entry. Nor shall it be required of the co-owners or co-owners of the good or right to auction.

2. On the closing date of the auction and after the auction, the Auction Portal shall send the Notary certified information of the telematics position that would have been won, as well as, in descending order of amount and chronological in the case of this being identical, of all others who would have opted for the position reserve.

The notary shall extend the relevant diligence in which it shall record the aspects of legal significance; the claims that have been submitted and the reservation of the corresponding rights before the courts of justice; the identity of the highest bidder and the price offered by him, the positions that follow the best and the identity of the bidders; the notary's judgment that the auction has complied with the legal rules governing it, as well as the award of the good or right auctioned by the applicant. The notary shall close the minutes, stating that the auction has been concluded and the good or right awarded, and shall proceed to their protocolization.

If no bidder is present, the Notary shall so state, declare the auction to be terminated and agree to close the file.

3. Where appropriate, successive steps shall include the payment of the remainder of the price by the successful tenderer within 10 working days of the entity attached to the Auction Portal at the disposal of the Notary; the delivery by the Notary to the applicant or its deposit at the disposal of the court or in favour of the interested parties of the quantities received from the successful tenderer; and the return of electronic appropriations made to take part in the auction by persons who have not been successful in the award of the auction.

The return of the appropriations made to take part in the auction by persons who have not been successful in the award shall not be made until the total award price has been paid if so requested by the bidders.

If the successful tenderer fails to fulfil his obligation to deliver the difference in price between that entered and that actually completed, the award shall be made to the second or subsequent highest bidder who would have requested the reservation of its appropriation, losing the appropriations for which the unsuccessful persons have not been assigned and giving them the destination established in the Civil Procedure Act.

However, the auction or award shall be temporarily suspended until the period laid down for the exercise, where appropriate, of the right of acquisition of the shareholders or, where appropriate, of the company.

4. In all cases in which the law requires public document as a requirement of validity or effectiveness of the transmission, auctioned the good or right, the holder or his representative, shall grant to the Notary Public Deed of Sale in favour of the successful tenderer at the time of completion of the payment of the price. If the holder or his representative refuses to grant a deed of sale, the auction certificate shall be sufficient title to request from the competent court the issuance of the corresponding order, having as its issue the declaration of will, as provided for in Article 708 of the Civil Procedure Act.

In other cases, the authorised copy of the minutes shall be the title of the auctioneer.

Article 76.

1. The notarial auction that causes a forced sale may only be suspended, and if necessary closed, on the basis of the following cases:

(a) Where a judicial decision is submitted to the Notary, even if it is not final, to justify the absence or termination of the secured obligation and in the case of assets or receivables that can be registered, certification of the corresponding registry that the charge or public deed of a payment letter is cancelled or of the alteration in the ownership or cargo status of the estate.

The performer must expressly consent to its continuation despite the change in the status of loads.

In the case of shares, social participations or social partners in general, certification, with a notarized signature of the administrator or secretary not advisor of the company, accrediting the seat of cancellation of the real right or attachment on the rights of the partner.

(b) Where the existence of a criminal case that may establish the falsity of the title under which it is based, the invalidity or wrongfulness of the sale procedure is documentaryly established. The suspension will continue until the end of the process.

(c) Whether the Notary is justified in the case of the debtor's declaration of competition or the stay of enforcement actions, in the cases provided for in the insolvency law, even if the notices of the auction of the asset were already published. In this case the suspension shall be lifted only if it is established, by means of evidence of the decision of the judge of the competition, that the goods or rights are not affected, or are not necessary for the continuity of the professional or business activity of the debtor. It shall also be lifted where appropriate, when the court decision approving the agreement reached or the public deed or the certification closing the file is presented, together with its communication to the competent judge and the Public Registry.

(d) In the event of a third-party claim for a domain, inexcusably accompanying title to ownership, prior to the date of the title on which the auction is based. The suspension shall continue until the third stage has been completed.

(e) If it is established that an auction procedure has been initiated in respect of the same goods or rights. As notarized, this accreditation shall be carried out by means of an authorized copy or notification of the computer systems of the General Council of the Notarized. These facts may be brought to the attention of the relevant court, in the opinion of the Notary.

2. In the above cases, if the cause of the suspension affects only part of the assets or rights covered by the extrajudicial sale, it may follow the procedure in respect of the others, if so requested by the creditor or promoter of the proceedings.

3. In the case of personal loans or credits, or any other mortgage or non-mortgage financing instrument, without prejudice to the provisions of its special rules, extrajudicial sale shall be suspended where it is established that the court has raised the abusive or non-transparent nature of any of the clauses that constitute the basis for the extrajudicial sale or that it has determined the amount required. Once the matter has been settled and provided that, in accordance with the relevant court decision, it is not an abusive or non-transparent clause that constitutes the basis for enforcement or has determined the amount required, the Notary may continue the extrajudicial sale at the request of the creditor or promoter of the enforcement.

4. The suspension of the auction for a period of more than 15 days will lead to the release of the appropriations or repayment of the guarantees lent, returning the situation to the moment immediately prior to the publication of the announcement. The resumption of the auction shall be carried out through a re-publication of the notice and a new request for registration information as if a new auction were to be processed.

5. In the case of registrable property, if the creditor's claim and the commencement of the extrajudicial sale were based on any cause other than the expiration of the period or the failure to pay interest or any other benefit to which the debtor was bound, such proceedings shall be suspended provided that prior to the auction, opposition to it, formulated in a declaratory judgment, was recorded in the Register of Property or movable property. To this end, the judge, at the same time as ordering the provisional entry of the application, shall agree that the notary shall be notified of the decision to relapse.

Article 77.

Voluntary auctions may be held under specific conditions included in the solicitation documents, which must be entered in the Auction Portal. Therefore, the applicant may, in the particular solicitation documents, increase, decrease or delete the electronic pre-registration and make any other determination similar to that expressed.

In all other respects, the general rules contained in this Chapter shall apply to voluntary auctions, without prejudice to Article 74(3).

CHAPTER VI

Business files

Section 1.a: Theft, theft, loss or destruction of title-value

Article 78.

1. They shall be entitled to request from the Notary the adoption of the measures provided for in the commercial law in cases of theft, theft, loss or destruction of securities or representation of members' parties the legitimate holders of these titles that have been dispossessed of them or have suffered their destruction or loss.

2. The notary of the place of payment shall be competent to hear such records in the case of a credit certificate; the place of deposit in the case of securities of deposit; or the place of residence of the issuing entity where the securities are transferable securities, as appropriate.

3. The Notary shall, after accepting the application of the legitimate and after examining it, attesting to the identity and appreciating the ability of the promoter and the legitimacy to urge it, communicate it, by request, to the issuer of the securities and, if it is a listed title, to the Company Governing the relevant stock exchange, and shall request the publication in the relevant section of the “Official Gazette of the State” and in a newspaper of great circulation in its province. Both the request and the notices will quote anyone who may be interested in the procedure to appear in the Notary on the day and time indicated.

4. If it appears, the Notary shall draw up a record of the holding of the appearance and, in accordance with the request, shall require the promoter of the file and the issuer of the securities not to negotiate or transmit it, as well as the suspension of compliance with the payment obligation documented in the title or payment of the capital, interest or dividends, or the deposit of the goods, as appropriate in the light of the title in question.

5. Without prejudice to the provisions of the preceding paragraph, where the title of tradition is concerned, the goods shall not be deposited if they are impossible, difficult or very costly to maintain or run the risk of serious deterioration or significantly reduced value. In such a case, the Notary shall require the carrier or the depositary, after hearing the holder of the title, to deliver the goods to the applicant if the applicant had provided sufficient security for the value of the goods deposited, plus any damages to the holder of the title if it was subsequently established that the applicant was not entitled to delivery.

6. At the request of the applicant, the Notary may appoint an administrator to exercise the rights of assistance and voting to the general and special shareholders' meetings corresponding to the securities that were transferable, as well as to challenge the social agreements. The remuneration of the appointed person shall be borne by the applicant.

7. After the six-month period has elapsed without controversy, the Notary shall authorize the promoter of the file to collect the proceeds produced by the title, requiring the issuer, at his request, to make payment.

8. After the one-year period without opposition, the Notary shall require the issuer to issue the new securities, which shall be delivered to the applicant.

9. In no case shall the title or securities be annulled if the current holder objecting to them has acquired them in good faith in accordance with the law governing the circulation of the title itself.

10. In the event that the title or titles are not cancelled, the person who was a legitimate holder at the time of loss of possession shall have the appropriate civil or criminal actions against the person who acquired the document in bad faith.

Section 2.a: Commercial deposits and sale of assets deposited

Article 79.

1. In all cases where, by legal provision or agreement, the deposit of movable property, securities or commercial effects, may be made before Notary by means of a deposit certificate, in accordance with the provisions of this Law and its implementing regulations.

2. If the deposit consists of bills of exchange or other effects that could be prejudiced by its non-submission on certain dates to acceptance or payment, the Notary may, at the request of the depositor, proceed to make such a presentation. If you are satisfied with the amount, the deposit of the effects will be replaced by the amount of money.

3. In all cases where commercial law allows the sale of the assets or effects deposited, the Notary may, at the request of the depositor or the depositary itself, call and proceed to the sale of the assets. For this purpose, the notarial auction acts shall be carried out in accordance with the provisions of this Law, and the amount obtained shall be given the destination set out in the commercial law.

Section 3.a: Appointment of experts in insurance contracts

Article 80.

1. The procedure provided for in this Article shall apply where the insurance contract, in accordance with its specific legislation, does not contain an agreement between the experts appointed by the insurer and the insured person to determine the damage caused, and those experts are not in conformity with the designation of a third party.

2. The competence to make the appointment shall be vested in the Notary to whom the insured person and the insurer agree by mutual agreement. In the absence of an agreement, any person who has his or her residence in the place of domicile or habitual residence of the insured person or where the subject of the assessment is located, at the choice of the applicant. You may also choose a Notary from a district adjacent to the above.

3. This file may be promoted by either or both parties to the insurance contract.

4. The file shall be opened by written form submitted by any of the interested parties, which shall state the fact of the discord of the experts appointed to assess the damage suffered, and the appointment of a third expert shall be requested. The insurance policy and expert opinions shall be accompanied by the written statement.

5. If the application is accepted by the Notary, the Notary shall call for a hearing in order to enable the parties concerned to agree on the appointment of another expert; if there is no agreement, he shall be appointed in accordance with article 50.

6. Once the appointment has been verified, the appointed person shall be informed to state whether he accepts it or not, which he may do on the basis of just cause. Once accepted, the subsequent appointment shall be provided, requiring the parties to make the necessary provision within three days, the expert being required to deliver the opinion within the period provided for by the parties and, failing that, within thirty days of the acceptance of the appointment. The opinion shall be incorporated into the minutes and shall be terminated.

CHAPTER VII

The conciliation files

Article 81.

1. Conciliation of the different interests of grantors may be made before Notary for the purpose of reaching an out-of-court agreement.

2. Conciliation may be made in respect of any contractual, commercial, successor or family dispute provided that it does not fall into unavailability.

The issues envisaged in the Law of the Court may not be reconciled by this procedure.

They are not available:

(a) Matters in which minors and persons with judicially modified capacity for the free administration of their property are concerned.

(b) Matters in which the State, the Autonomous Communities and other public administrations, corporations or institutions of the same nature are concerned.

(c) Civil liability trials against judges and magistrates.

(d) In general, agreements on matters not subject to compromise or compromise.

Article 82.

1. A public deed that formalizes the compromise between the parties concerned or, where appropriate, that was attempted without effect or compromise shall be subject to the authorization requirements set out in the notarial legislation.

2. If there is agreement among the parties concerned in whole or in part of the subject matter of the conciliation, the public record shall state in detail all that they agree and that the act ended with compromise as well as the terms thereof. If no agreement could be reached, it would be noted that the act ended without compromise.

3. The amendment of the content of the agreement must also be recorded in a notarial public instrument, provided that no judicial execution has been initiated.

Article 83.

1. The notarial public instrument which formalises conciliation shall in general enjoy the effectiveness of a public instrument and, in particular, shall have executive effect within the meaning of Article 517 (2) (9) of the Treaty. Civil Procedure Act. The execution shall be verified in accordance with the provisions for extrajudicial executive titles.

2. Either party may request from the Notary authorised a copy having an executive character, unless the matrix contains a note concerning the modification of its content or its implementation.’

Two. An additional provision is inserted as follows:

‘Additional provision first. References to Civil Code.

References made in this Act to Civil Code they must be understood as having been carried out, where appropriate, also to the civil laws foral or special where they exist.'

Final disposition twelfth. Amendment of Mortgage Act.

One. The first paragraph of Article 14 shall read as follows:

‘The title of the hereditary succession, for the purposes of the Register, is the will, the successor contract, the notoriety act for the declaration of abintestate heirs, the administrative declaration of abintestate heir in favour of the State and, where appropriate, the European succession certificate.’

Two. A new Title IVa is included, which reads as follows:

‘TITLE IV BIS

Conciliation

Article 103 bis.

1. The Registrars shall be competent to hear acts of conciliation in respect of any real estate, urban and commercial dispute or to hear facts or acts registered in the Register of Property, Mercantile or other public registry falling within their competence, provided that it does not fall under unavailable subject matter, with the aim of reaching an out-of-court agreement. Conciliation for such disputes may also be held, at the choice of the parties concerned, before a Notary or a Judicial Registrar.

The issues envisaged in the Law of the Court may not be reconciled by this procedure.

2. In the event of the conciliation, the Registrar shall certify the compromise between the parties concerned or, where appropriate, that it was attempted without effect or compromise.’

Final provision thirteenth. Amendment of the Act of 16 December 1954 on Mortgages and non-possession of property.

One. The second section of Chapter I of Title V is renamed:

‘Section 2. Extrajudicial sale’

Two. Article 86 shall read as follows:

‘Article 86.

In order for the procedure of extrajudicial sale to be applicable, it is necessary:

1. In the instrument of incorporation of the mortgage, the debtor, or the non-debtor mortgager, if any, shall designate a representative representing him, in his day, in the sale of the mortgage assets. This agent may be the creditor itself.

2. The price at which the goods are valued shall also be recorded. The type of auction agreed may not be different from that set, if any, for judicial proceedings.

3. That the debtor, or non-debtor mortgager in his or her case, establishes an address for requirements and notifications. An electronic address may also be designated, in which case the requirements and notifications shall be made in addition to that form.

In all matters not specifically regulated by this Act, the rules on electronic auctions contained in procedural legislation shall apply in addition to the extra-judicial forced sale arising from the movable mortgage and undisplaced pledge.’

Three. Article 87 shall read as follows:

‘Article 87.

Extrajudicial proceedings shall necessarily comply with the following rules:

1.a may only be followed before a Notary competent to act in the place where the mortgaged property is located or in a district adjacent to it.

2.a It shall be initiated by a request addressed by the creditor to the Notary who, subject to the requirements of this article, proceeds to the sale of the goods in public auction.

The order shall state the exact amount of the claim, by principal and interest, and the cause of the expiry, by handing over to the Notary the title or title of its claim, which is satisfied with all the requirements of the Civil Procedure Actso that they are executive.

This request shall be recorded in the record.

3.a At the request of the creditor, the Notary shall require payment to the debtor, and, where appropriate, to the non-debtor mortgager or the third holder, stating the cause of the maturity and the total amount claimed, and it shall be stated that if the payment is not made, the mortgaged assets shall be auctioned without further notice or requirements.

Those required, within five days of the request, must pay or hand over the material possession of the mortgaged property to the creditor or agent designated in the instrument of incorporation of the mortgage.

Where the debtor fails to deliver the possession of the property, the Notary shall not proceed with the sale proceedings if the creditor so requests, who may also, in order to give effect to his claim, proceed to any of the judicial proceedings, without prejudice to the civil and criminal proceedings that may be brought against him.

4.a At the request of the creditor, accompanied by the order for payment, the Registrar shall issue literal certification of the mortgage entry, stating that it is still in existence and not cancelled or, where appropriate, the cancellation or modifications to the Register, and relating the subsequent entries.

The Registrar shall record, in addition to the mortgage registration, which has issued the certification stating its date, the initiation of the proceedings and the notary to whom it follows.

Where a record appears after the registration of the mortgage, the debtor and its holder shall be notified of the existence of the procedure so that they may, if appropriate, intervene in the auction or satisfy the amount of the claim, interest and costs before the auction. In the latter case, the creditors shall be subrogated from the rights of the actor and the payment and subrogation shall be recorded outside the registration of the mortgage in which those creditors are subrogated and from the respective entries, by presenting in the Register the notarial record of delivery of the amounts due or of the court order, if applicable.

5. After five days from the practice of the request, the auction will be held, the call for which will be announced in the “Official State Gazette”. The auction will be held electronically on the Auction Portal of the State Agency Official Gazette of the State. The auction shall accept positions for a period of at least 20 calendar days from its opening and shall not be closed until one hour after the last position has been taken, although this entails an extension of the initial period of twenty days referred to in this article for a maximum of 24 hours.

6.a The realization of the value of the property shall be carried out through a single auction for which the valuation value established in the mortgage instrument shall be used as a type. However, if positions of an amount equal to or greater than 70 per cent of the value for which the good has been auctioned, the property shall be deemed to have been awarded to the best bidder.

Where the best position presented is less than 70 per cent of the rate indicated for the auction, the debtor may submit, within 10 days, a third party that improves the position, offering an amount equal to or greater than 70 per cent of the value of the appraisal or, even less than that amount, sufficient to achieve full satisfaction of the creditor's right.

After the said period of time, without the debtor or the holder of the domain of the assets carrying out the provisions of the preceding paragraph, the creditor may request, within five days, the award of the asset or assets for 70 per cent of the value in which it was put out for auction, or for the amount due for all the concepts, provided that the amount is more than 60 per cent of the value of the valuation and the best position.

If the creditor does not avail itself of the above-mentioned power, the property shall be deemed to have been auctioned by the person who has presented the best position, provided that the amount offered exceeds 50 per cent of the value of the valuation or, if it is lower, covers at least the amount claimed for all items.

If there is no bidder in the auction, the creditor may, within 10 days, apply for the award of 50 per cent or more of its value or the amount due for all purposes.

7.a The performing creditor may proceed to the auction as a tenderer, provided that there are other tenderers, without the need to enter any quantity. All other tenderers shall deposit, for the purpose of taking part in the auction, 5 per 100 of the value of the appraisal. The appropriation may be made by consenting to its reservation for the purposes of the following rule.

8.a After the auction has been awarded to the highest bidder, the bidder shall, within the second day, deposit with the Notary the difference between the previous deposit and the award price, and the deposit which they have constituted shall be returned to the other tenderers. If the successful tenderer does not disclose that amount, the asset shall be awarded to the bidder who followed the first in the order of his positions and who would have agreed to reserve his appropriation. The appropriations of those bidders who have not been able to meet the difference shall be used for the payment of the expenses of the procedure and for the overpayment of the credit and interest, if any.

Where the successful tenderer is the creditor itself, he shall disclose the difference between the amount claimed and the price of the award, and if he does not do so he shall be liable for the costs of the auction held and subsequent costs as may be necessary.

9.a The amount obtained at the auction shall, after all the costs of the procedure have been satisfied, be used for the payment of the principal and interest credit.

The excess shall be handed over by the Notary to the mortgager or the third holder if there are no other persons who have seized or brought a judicial complaint against them, and if any, it shall be deposited at his disposal in a public establishment intended for that purpose.

10.a The award of the assets shall be recorded in a public deed issued by the successful tenderer and the debtor, or the non-debtor or third-party mortgager, as appropriate, or his respective successor, and, if the latter have not appeared, it shall be granted on his behalf by the agent designated for that purpose.

This public deed shall state the formalities observed, the price of the award, its payment by the successful tenderer, the payment made to the creditor and the destination given to the excess, if any.

If the successful tenderer is the same creditor and has also been appointed agent, he may grant the public deed in this dual concept, the foregoing being stated.

The public instrument of award shall be sufficient title to prove ownership of the property and to perform the cancellation of the mortgage and subsequent entries, if it records the payment made to the creditor and the destination given to the excess if any.

If the auctioneer is a co-owner or third-party holder of the auctioned goods, the notary shall, after recording the amount of the auctione, limit the award to the other undivided shares that are executed or, without verification, declare the proceedings terminated, as the case may be. A copy of the act of the auction, where there is no award, shall also be sufficient title to perform the cancellation of the mortgage and subsequent entries, if it contains the payment made to the creditor and the destination given to the excess if any.

11.a If the auction is deserted and the creditor does not request the award, the proceedings shall be terminated without effect, and the right of the latter to pursue the auction in the relevant judicial proceedings shall be expedited.

If the price of the finished assets is insufficient to pay the creditor's total claim, the creditor retains its right to the difference.

12.a The proceedings of the proceedings, except for the deed of award of the goods, shall be recorded by proceedings following the record of initiation referred to in the second rule.

The minutes shall be incorporated into the protocol on the date corresponding to the last action taken. The public instrument of award shall be recorded by note in that instrument.

13.a The successful tenderer of the goods shall be placed in possession of the goods by the person having the property, in accordance with the third rule. If they are not handed over to him, he may request the judicial possession of them according to the Civil Procedure Actwithout prejudice to any civil or criminal penalties which he may bring against anyone who has unjustly refused to surrender.’

Four. Article 88 shall read as follows:

‘Article 88.

The procedure for extrajudicial sale may be suspended only for one of the following cases:

First. The certificate of cancellation of the mortgage or public deed of payment letter or cancellation of the mortgage will be submitted from the Register.

Second. Where the existence of a criminal case is documented in respect of any act of criminal appearance which determines the falsity of the title under which it is made, the invalidity or wrongfulness of the sale procedure.

Third. If the notary is informed of the debtor's declaration of contest, even if the notices of the auction of the good were already published. In this case the suspension shall be lifted only if it is established, by the decision of the judge of the competition, that the goods or rights are not affected, or are not necessary for the continuity of the professional or business activity of the debtor.

Fourth. If a third party domain claim is filed, accompanied inexcusably with it by title of ownership, prior to the date of the mortgage deed. If the goods are subject to registration in a register, the title must also be registered with a date before the mortgage. The suspension shall continue until the end of the third-party trial.

Fifth. If it is certified by the relevant Registry that the same property is subject to another real estate mortgage or property mortgage, under the terms of the Article 111 of the Mortgage Act, in force or registered before the date on which the procedure is based. These acts shall be brought to the attention of the relevant court, for the purpose of preventing the Article 1862 of the Civil Code.

In the above two cases, if the cause of the suspension affects only part of the assets covered by the mortgage, it may follow the procedure in respect of the others, if the creditor so requests.

Extrajudicial sale shall also be suspended if either party proves that it has raised with the competent judge the abusive nature of any contractual clauses of the mortgage loan which constitute the basis of the out-of-court sale or which have determined the amount due. Once the matter has been settled, and provided that, according to the relevant court decision, it is not an abusive clause that constitutes the basis for enforcement or has determined the amount required, the Notary may continue the extrajudicial sale at the request of the creditor.

Verified any of the circumstances provided for in paragraphs 1 and 2, the Notary shall agree to suspend the proceedings until, respectively, the criminal proceedings or the registration proceedings are terminated if the lie is not declared or the cancellation of the mortgage is not registered.

The suspension of the auction for a period of more than 15 days will lead to the release of the appropriations or repayment of the guarantees lent, returning the situation to the moment immediately prior to the publication of the announcement. The resumption of the auction shall be carried out through a new publication of the notice and a new request for registration information as if it were a new auction.

If the creditor's claim and the commencement of the out-of-court sale were based on any cause other than the expiration of the period of time or the non-payment of interest or any other benefit to which the debtor was bound, the proceedings shall be suspended provided that the opposition to it, made at the declaratory trial, was recorded in the Register prior to the auction. To this end, the Judge, at the same time as ordering the provisional declaration of the application, shall agree that the Notary shall be notified of the decision to relapse.’

Five. The first paragraph of Article 89 shall read as follows:

‘In addition to the rules laid down above, the following shall be observed in the mortgage of commercial establishments:’

Fourteenth final disposition. Amendment of Consolidated text of the Capital Corporations Act, approved by Royal Legislative Decree 1/2010 of 2 July.

One. Article 139(3) and (4) and Article 141(2) shall read as follows:

‘Article 139.

3. In the event that the company has not reduced the share capital within two months of the date of expiry of the time limit for disposal, any interested party may request the reduction of the capital from the judicial secretary or commercial registrar of the place of the registered office. Managers are obliged to apply for a judicial reduction or registration of the share capital where the board's agreement would have been contrary to that reduction or could not be achieved.

The file with the court clerk shall be processed in accordance with the Voluntary Jurisdiction Act. The application addressed to the Registrar of Commerce shall be processed in accordance with the provisions of Trade Registration Regulations.

The favourable or unfavourable decision shall be subject to appeal before the Commercial Court.

4. The shares or shares of the dominant company shall be disposed of at the request of an interested party by the judicial secretary or commercial registrar in accordance with the procedure provided for in the Voluntary Jurisdiction Act and in the Trade Registration Regulations for them.’

‘Article 141.

2. If the shares were not disposed of within the specified time limit, the company must immediately agree on their repayment and the reduction of the capital. If the company omits these measures, any interested party may request their adoption by the judicial secretary or by the commercial registrar of the registered office. The directors of the acquiring company are obliged to request the adoption of these measures, where, in the circumstances, the corresponding amortisation and capital reduction agreement cannot be reached.

The file before the judicial registrar shall be subject to the procedures of voluntary jurisdiction. The application addressed to the Registrar of Commerce shall be processed in accordance with the provisions of Trade Registration Regulations.

The favourable or unfavourable decision may be appealed to the Commercial Court.’

Two. Articles 169, 170 and 171 shall read as follows:

‘Article 169. Competence for the call.

1. If the general meeting or general meetings provided for in the statutes are not convened within the corresponding statutory or statutory period, it may be convened, at the request of any member, after the hearing of the administrators, by the judicial secretary or commercial registrar of the registered office.

2. If the administrators do not comply in a timely manner with the request for the general meeting made by the minority, the summons may be made, after hearing the administrators, by the judicial secretary or by the commercial registrar of the registered office.

Article 170. Call regime.

1. The Judicial Registrar shall convene the General Meeting in accordance with the provisions of the law of voluntary jurisdiction.

2. The Registrar shall convene the general meeting within one month of the application, indicate the place, day and time of the meeting and the agenda and appoint the chairman and secretary of the meeting.

3. There shall be no appeal against the decision agreeing to the convening of the general meeting.

4. The costs of the registration call shall be borne by the company.

Article 171. Call for special cases.

In the event of the death or termination of the sole administrator, of all solidarity administrators, of one of the joint administrators, or of the majority of the members of the board of directors, without any alternates, any member may request from the judicial secretary and the commercial registrar of the registered office the convening of a general meeting for the appointment of the administrators.

In addition, any administrator remaining in office may convene the general meeting for that sole purpose.’

Three. Articles 265 and 266 shall read as follows:

‘Article 265. Competence to appoint an auditor.

1. Where the general meeting has not appointed the auditor before the end of the financial year to audit, or the appointed person does not accept the post or is unable to perform his or her duties, the administrators and any member may request the appointment of the person or persons to perform the audit from the judicial secretary or business registrar of the registered office.

In public limited liability companies, the application may also be made by the commissioner of the bond union.

2. In companies that are not obliged to submit annual accounts to audit by an auditor, members representing at least five per cent of the share capital may request from the judicial secretary or commercial registrar of the registered office that, from the company, appoint an auditor to carry out the review of the annual accounts for a given financial year provided that three months have not elapsed from the date of the end of that financial year.

3. The application addressed to the Registrar of Commerce shall be processed in accordance with the provisions of Trade Registration Regulations.

If the appointment is to be filed with the judicial registrar, the procedures set out in the legislation of voluntary jurisdiction shall be followed.

4. The decision of the commercial registrar agreeing or rejecting the appointment shall be subject to appeal in accordance with the provisions of the Trade Registration Regulations. The decision of the court clerk shall be subject to appeal before the Commercial Judge.

Article 266. Revocation of the auditor.

1. In the event of a fair case, the directors of the company and the persons entitled to apply for the appointment of an auditor may request the judicial secretary or commercial registrar to revoke the name of the person appointed by them or the name of the general meeting and the appointment of another person.

2. The application addressed to the Registrar of Commerce shall be processed in accordance with the provisions of Trade Registration Regulations.

If the revocation is required before the judicial registrar, the procedures laid down in the voluntary jurisdiction legislation shall be followed.

3. The decision on the revocation of the auditor shall be subject to appeal before the Commercial Court.’

Four. Articles 377 and 380 shall read as follows:

‘Article 377. Vacancy coverage.

1. In the event of the death or termination of the sole liquidator, of all solidary liquidators, of any liquidators acting jointly, or of the majority of liquidators acting collectively, without any substitutes, any member or person with a legitimate interest may request from the judicial secretary or commercial registrar of the registered office the convening of a general meeting for the appointment of liquidators. In addition, any liquidator remaining in office may convene the general meeting for that sole purpose.

2. Where the Board convened in accordance with the preceding paragraph does not appoint liquidators, any interested party may apply to the Registrar of the registered office for their appointment.

3. The application addressed to the Registrar of Commerce shall be processed in accordance with the provisions of Trade Registration Regulations. The request filed with the court secretary shall follow the procedures established by the legislation of voluntary jurisdiction.

4. The decision agreeing or rejecting the appointment shall be subject to appeal before the Commercial Court.’

‘Article 380. Separation of liquidators.

1. The separation of liquidators designated by the general meeting may be agreed by the general meeting even if it is not on the agenda. If the liquidators have been designated in the social statutes, the agreement shall be adopted with the majority and, in the case of public limited liability companies, quorum requirements established for the amendment of the statutes.

The liquidators of the public limited liability company may also be separated by a decision of the judicial secretary or commercial registrar from the registered office, by just cause, at the request of shareholders representing the twentieth part of the share capital.

2. The separation of liquidators appointed by the judicial secretary or by the commercial registrar may be decided only by the person who appointed them, at the reasoned request of the person who proves legitimate interest.

3. The decision on the separation of the liquidators shall be subject to appeal before the Commercial Court.’

Five. Articles 381 and 389 shall read as follows:

‘Article 381. Interventions.

1. In the event of the liquidation of public limited liability companies, shareholders representing the twentieth part of the share capital may request the appointment of a financial controller to supervise settlement operations from the judicial secretary or the commercial registrar of the registered office.

If the company has issued and has in circulation obligations, it may also appoint an interventionist the bond union.

2. The application addressed to the Registrar of Commerce shall be processed in accordance with the provisions of Trade Registration Regulations. The request filed with the court secretary shall follow the procedures established by the legislation of voluntary jurisdiction.

3. The decision agreeing or rejecting the appointment shall be subject to appeal before the Commercial Court.’

‘Article 389. Substitution of liquidators for excessive liquidation duration.

1. Three years after the opening of the settlement without the final settlement balance sheet having been submitted for approval by the general meeting, any member or person with a legitimate interest may request the separation of the liquidators from the judicial secretary or commercial registrar of the registered office.

2. The judicial secretary or commercial registrar, after hearing the liquidators, shall agree on the separation if there is no cause for delay and shall appoint the person or persons it considers appropriate to settle, setting out the rules governing its conduct.

3. The decision on the revocation of the auditor shall be subject to appeal before the Commercial Court.’

Six. Article 422 shall read as follows:

‘Article 422. Power and obligation to convene the assembly.

1. The general meeting of bondholders may be convened by the directors of the company or by the commissioner. The latter shall also convene it whenever required by a bond holder representing at least one twentieth of the obligations issued and not amortized.

2. The Commissioner may request the assistance of the directors of the company and they may assist even if they have not been summoned.

3. If the Commissioner fails to comply in a timely manner with the request by the obligors referred to in paragraph 1, the call may be made at the hearing of the commissary, by the judicial secretary or by the commercial registrar of the registered office.

The General Assembly of Bondholders shall be convened by the Judicial Secretary in accordance with the provisions of the law of voluntary jurisdiction.

The commercial registrar shall convene the general assembly in the manner provided for in the Trade Registration Regulations.

Against the decree or decision agreeing to the convening of the General Assembly of Obligations, there shall be no appeal.’

Seven. Article 492(2) shall read as follows:

‘2. If the boards are not convened within the time limits set by the Regulation (EC) No 2157/2001 or the statutes, may be by the supervisory board or, at the request of any member, by the commercial registrar of the registered office as provided for by this Law.’

Final disposition 15th. Amendment of Act No. 211/1964 of 24 December 1964, on the regulation of the issuance of bonds by Companies that have not taken the form of Anonymous, Associations or other legal persons and the formation of the Union of Obligationists.

Article 6 shall read as follows:

‘Article 6.

Companies that have not taken the form of Anonymous and Associations and other legal persons issuing obligations of any kind shall constitute the Union of Obligationists and appoint a Commissioner, who shall be responsible for issuing the deed on behalf of future holders of the securities.

If the issuing entities do not constitute the Trade Union of Obligations referred to in the preceding paragraph, they may take the initiative and apply for the formation of the bondholders themselves, representing at least 30 per cent of the total series or issue, after deduction of the depreciations made by application to the commercial registrar of the domicile of the issuing entity, in accordance with the provisions of the Trade Registration Regulations. The assembly in which these decisions are taken shall be convened by the issuing entity and the Commissioner appointed in the issuing document.’

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

Paragraph 3 of the single transitional provision is worded as follows:

‘3. Notwithstanding paragraph 1 of this transitional provision, this Law shall apply to all cases concerning Grandezas de España and titles of nobility which were pending administrative or judicial decision on 27 July 2005, both at the instance and at the appeal stage, as well as to those cases which had been promoted between that date, at which the original proposal for a law was submitted to the Congress of Deputies, and on 20 November 2006, the date of entry into force of this Law. The administrative or judicial authority before whom the file or the proceedings lie shall grant the parties concerned ex officio the right to plead what is in their right under the new Act within the common period of five days.’

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

One. Article 19(2) shall read as follows:

‘2. Without prejudice to the provisions of the following paragraphs, for the protection of the legitimate economic and social interests of consumers and users, the business practices of entrepreneurs directed towards them are subject to the provisions of this Law, the Law on Unfair Competition and the Law on the Management of Retail Trade. For this purpose, business practices of entrepreneurs with consumers and users are considered to be any act, omission, conduct, manifestation or commercial communication, including advertising and marketing, directly related to the promotion, sale or supply of goods or services, including immovable property, as well as rights and obligations, regardless of whether they are performed before, during or after a commercial transaction.

Relations of a contractual nature which are governed by Article 59 are not regarded as commercial practices.’

Two. Article 141(a) shall read as follows:

‘(a) The amount of compensation for material damage shall be deducted by a relief of EUR 500,00.’.

Three. Article 163 shall read as follows:

‘Article 163. Guarantee of contractual liability.

1. The organizers and retailers of combined travel shall have the obligation to create and maintain on a permanent basis a guarantee as determined by the competent tourist administration, in order to satisfy, on a general basis, the obligations arising from the provision of their services to the persons engaged in a combined journey and, in particular, in the event of insolvency, the effective reimbursement of all payments made by travellers to the extent that the corresponding services have not been performed and, where transport is included, the actual repatriation of such services. The requirement of this guarantee shall in any event be subject to the provisions of the Law 20/2013 of 9 December 2013, of guarantee of the market unit.

2. As soon as it is clear that the implementation of the combined journey is affected by the lack of liquidity of the organizers or retailers, to the extent that the journey is not executed or partially executed or service providers require travellers to pay for it, the traveller will be able to easily access the guaranteed protection without excessive formalities, without undue delay and free of charge.

3. If the security is enforced, it shall be reinstated within 15 days, until the original whole of the security is again covered.’

Eighteenth final disposition. Amendment of Law 10/2012 of 20 Novemberregulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

Article 4(1) (e) is amended as follows:

‘(e) The application for enforcement of awards made by the Arbitral Consumer Boards and the Arbitral Transport Boards, in the latter case where the amount for which enforcement is sought is less than EUR 2,000, as well as the notarial record of claims for non-contradictory money debt.’

Nineteenth final disposition. Free of charge for certain notary and registry files.

1. The benefits provided for in the free legal aid rules relating to the reduction of notarial and registration fees, the free availability of publications and, where appropriate, the intervention of experts, shall be recognised in the following cases:

(a) In matters of succession: the declaration of heirs abintestato; the presentation, adveration, opening and reading, and protocolization of wills; and the formation of an inventory of the Act of 28 May 1862 of the Notary.

(b) In the area of real rights: the delining and grinding of registered farms; the domain for the immatrication of farms which are not registered in favour of any person; the resumption of the successive tract interrupted; the completion of the double or multiple immatriculation and the registration of charges or charges extinguished by prescription, expiration or non-use; Mortgage Act.

2. The accreditation of the requirements for recognition of entitlement to benefits referred to in the preceding paragraph shall take place, in accordance with the provisions of the Law on Free Legal Assistance, before the relevant Notary College or Registry, which shall have the powers provided by that law to verify the accuracy and reality of the economic data provided by the applicants.

Where the right to legal assistance in cases of separation or divorce is sought before a Notary, the accreditation shall be carried out in the same manner as provided for in the Free Legal Aid Act.

Twenty-sixth final disposition. Competence degree.

This Act is governed by the jurisdiction which, in matters of procedural law, is the responsibility of the State under the Article 149.1.6.a of the Constitution.

Except for the above, the first, fourth, fifth, sixth, seventh, eighth, tenth, fourteenth and eighteenth final provisions are issued under the jurisdiction of the State in civil law under the Article 149.1.8.a of the Constitution. In addition, the fourth additional provision and the eleventh, twelfth and thirteenth final provisions, which are issued under the jurisdiction of the State in the area of the management of public records and instruments, in accordance with the Article 149.1.8.a of the Constitution. Finally, the second, ninth, fifteenth and sixteenth final provisions, which are issued under the jurisdiction of the State in the field of commercial law, in accordance with the Article 149.1.6.a of the Constitution.

Final disposition twenty-first. Entry into force.

This Act shall enter into force on the 20th day following its official publication in the Official Gazette of the State except:

1. The provisions of Chapter III of Title II of this Law, which regulate adoption, shall enter into force upon the entry into force of the Law on the Amendment of the System of Protection of Children and Adolescents.

2. The provisions of Title VII of this Law governing voluntary auctions by judicial secretaries, and of Chapter V of Title VII of the Law of 28 May 1862, of the Notaries contained in the eleventh final provision, which establish the regime of notary auctions, which will enter into force on 15 October 2015.

3. The amendments to the Articles 49, 51, 52, 53, 55, 56, 57, 58, 62, 65 and 73 of the Civil Code as contained in the first final provision, as well as the amendments to Articles 58, 58a, second final provision and Final Provision 5a of Law 20/2011 of 21 July 2011the Civil Registry, included in the fourth final provision, relating to the processing and conclusion of civil marriage, which shall do so on the date of the full entry into force of the Law 20/2011 of 21 July 2011Civil Registry.

4. The amendments to the Article 7 of the State Cooperation Agreement with the Federation of Evangelical Religious Entities of Spain, approved by Law 24/1992 of 10 November 1992; Article 7 of the State Cooperation Agreement with the Federation of Israeli Communities of Spain, approved by Law 25/1992 of 10 November 1992; and Article 7 of the State Cooperation Agreement with the Islamic Commission of Spain, approved by Law 26/1992 of 10 November 1992as contained in the fifth, sixth and seventh final provisions, respectively, which shall do so on the date of the full entry into force of the Convention on the Rights of the Child, Law 20/2011 of 21 July 2011Civil Registry.

5. The provisions of Section 1 of Chapter II of Title VII of the Notaries Act of 28 May 1862, contained in the eleventh final provision and establishing the rules governing the marriage record and the public deed celebrating marriage, which shall take effect on the date of full entry into force of the Law 20/2011 of 21 July 2011Civil Registry.

Therefore,

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

Madrid, July 2, 2015.

FELIPE R.

The President of the Government,

MARIAN RAJOY BREY