Law 15/2015, of July 2, on Voluntary Jurisdiction

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54068 I. GENERAL PROVISIONS HEAD OF STATE 7391 Law 15/2015, of July 2, on Voluntary Jurisdiction. FELIPE VI KING OF SPAIN To all who see and understand this. Know: That the General Courts have approved and I come to sanction the following Law. INDEX Preliminary Title. General Provisions. Article 1. Object and scope of application. Article 2. Competence in matters of voluntary jurisdiction. Article 3. Standing and representation. Article 4. Intervention of the Public Prosecutor's Office. Article 5. Evidence. Article 6. Simultaneous or subsequent processing of files or proceedings. Article 7. Expenses. Article 8. Supplementary nature of the Civil Procedure Act. Title I. On the common rules in matters of processing voluntary jurisdiction files. Chapter I. Rules of Private International Law. Article 9. International competence. Article 10. Applicable law to voluntary jurisdiction files in international cases. Article 11. Registration in public registers. Article 12. Effects in Spain of voluntary jurisdiction files and acts agreed by foreign authorities. Chapter II. Processing Rules. Article 13. Application of the provisions of this Chapter. Article 14. Initiation of the file. Article 15. Accumulation of files. Article 16. Ex officio appreciation of lack of competence and other defects or omissions. Article 17. Admission of the request and citation of interested parties. Article 18. Holding of the hearing. Article 19. Decision of the file. Article 20. Appeals. Article 21. Expiry of the file. Article 22. Compliance and execution of the resolution ending the file. Title II. On voluntary jurisdiction files in matters of persons. Chapter I. On the judicial authorization or approval of the recognition of non-marital filiation. Article 23. Scope of application. Article 24. Competence, standing and representation. cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54069 Article 25. Processing. Article 26. Resolution. Chapter II. On the authorization to appear in court and the appointment of a judicial defender. Article 27. Scope of application. Article 28. Competence, standing and representation. Article 29. Effects of the request. Article 30. Appearance and resolution. Article 31. Cessation of the judicial defender and the authorization to appear in court. Article 32. Rendering of accounts, excuse and removal of the judicial defender. Chapter III. On adoption. Article 33. Competence. Article 34. Preferential nature and representation. Article 35. Proposal of the Public Entity and request by the adopter. Article 36. Consent. Article 37. Assent and hearing. Article 38. Citations. Article 39. Processing. Article 40. Procedure for the exclusion of tutelary functions of the adopter and extinction of adoption. Article 41. International adoption. Article 42. Conversion of simple or non-full adoption into full adoption. Chapter IV. On guardianship, curatorship and de facto custody. Section 1. Common Provision. Article 43. Competence and representation. Section 2. On guardianship and curatorship. Article 44. Scope of application. Article 45. Processing, resolution and appeal. Article 46. Provision of bond, acceptance and possession of the office. Article 47. Formation of inventory. Article 48. Remuneration of the office. Article 49. Removal. Article 50. Excuse. Article 51. Rendering of accounts. Section 3. On de facto custody. Article 52. Requirement and control measures. Chapter V. On the judicial grant of emancipation and the benefit of majority age. Article 53. Competence, standing and representation. Article 54. Request. Article 55. Processing and resolution. Chapter VI. On the protection of the assets of persons with disabilities. Article 56. Scope of application. Article 57. Competence, standing and representation. Article 58. Request, processing and resolution of the file. cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54070 Chapter VII. On the right to honor, privacy and own image of the minor or person with modified judicial capacity. Article 59. Scope of application, competence, standing and representation. Article 60. Processing and resolution. Chapter VIII. On the judicial authorization or approval for the performance of acts of disposal, encumbrance or others referring to the assets and rights of minors and persons with modified judicial capacity. Article 61. Scope of application. Article 62. Competence, standing and representation. Article 63. Request. Article 64. Processing. Article 65. Resolution. Article 66. Destination of the amount obtained. Chapter IX. On the declaration of absence and death. Article 67. Scope of application. Article 68. Competence, standing and representation. Article 69. Judicial defender in case of disappearance. Article 70. Declaration of absence. Article 71. Resolution and appointment of representative of the absent person. Article 72. Provisional measures. Article 73. Practice of inventory of assets. Article 74. Declaration of death. Article 75. Facts subsequent to the declaration of absence or death. Article 76. Record of the death of the missing person. Article 77. Communication to the Civil Registry. Chapter X. On the extraction of organs from living donors. Article 78. Scope of application and competence. Article 79. Request and processing of the file. Article 80. Resolution. Title III. On voluntary jurisdiction files in matters of family. Chapter I. On the dispensation of matrimonial impediment. Article 81. Competence, standing and representation. Article 82. Request. Article 83. Processing and resolution. Article 84. Testimony. Chapter II. On judicial intervention regarding parental authority. Section 1. Common Provision. Article 85. Processing. Section 2. On judicial intervention in cases of disagreement in the exercise of parental authority. Article 86. Scope of application, competence and standing. Section 3. On protective measures regarding the inadequate exercise of the power of custody or administration of the assets of the minor or person with modified judicial capacity. Article 87. Scope of application, competence and standing. Article 88. Resolution. Article 89. Action in cases of guardianship. cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54071 Chapter III. On judicial intervention in cases of marital disagreement and in the administration of joint property. Article 90. Scope of application, competence, representation and processing. Title IV. On voluntary jurisdiction files relating to Succession Law. Chapter I. On executorship. Article 91. Scope of application, competence, representation and processing. Chapter II. On dativary accountants-partitioners. Article 92. Scope of application, competence, representation and processing. Chapter III. On acceptance and repudiation of inheritance. Article 93. Scope of application. Article 94. Competence, standing and representation. Article 95. Resolution. Title V. On voluntary jurisdiction files relating to Obligations Law. Chapter I. On the fixing of the term for the fulfillment of obligations when applicable. Article 96. Scope of application. Article 97. Competence and representation. Chapter II. On consignation. Article 98. Scope of application, competence and representation. Article 99. Processing. Title VI. On voluntary jurisdiction files relating to Real Rights. Chapter I. On the judicial authorization to the usufructuary to claim due credits forming part of the usufruct. Article 100. Scope of application. Article 101. Competence and representation. Article 102. Request. Article 103. Processing and resolution. Chapter II. On the file for the survey of unregistered properties. Article 104. Scope of application. Article 105. Competence, standing and representation. Article 106. Request and processing. Article 107. Resolution. Title VII. On voluntary auction files. Article 108. Scope of application. Article 109. Competence and representation. Article 110. Request. Article 111. Processing. Title VIII. On voluntary jurisdiction files in commercial matters. Chapter I. On the exhibition of books by persons obliged to keep accounts. Article 112. Scope of application. Article 113. Competence and representation. cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54072 Article 114. Processing. Article 115. Method of carrying out the exhibition. Article 116. Coercive fines. Chapter II. On the convening of general meetings. Article 117. Scope of application. Article 118. Competence, standing and representation. Article 119. Processing. Chapter III. On the appointment and revocation of liquidator, auditor or inspector of an entity. Article 120. Scope of application. Article 121. Competence, standing and representation. Article 122. Processing. Article 123. Resolution and acceptance of the office. Chapter IV. On the reduction of share capital and the amortization or alienation of participations or shares. Article 124. Scope of application, competence and representation. Chapter V. On the judicial dissolution of companies. Article 125. Scope of application. Article 126. Competence, standing and representation. Article 127. Processing. Article 128. Resolution. Chapter VI. On the convening of the general assembly of bondholders. Article 129. Scope of application. Article 130. Competence, standing and representation. Article 131. Processing. Chapter VII. On the theft, larceny, loss or destruction of securities or representation of partner shares. Article 132. Scope of application. Article 133. Competence, standing and representation. Article 134. Report of the fact in the case of securities admitted to trading on official secondary markets. Article 135. Processing. Chapter VIII. On the appointment of an expert in insurance contracts. Article 136. Scope of application. Article 137. Competence, standing and representation. Article 138. Processing. Title IX. On conciliation. Article 139. Admissibility of conciliation. Article 140. Competence. Article 141. Request. Article 142. Admission, scheduling and citation. Article 143. Effects of admission. Article 144. Appearance at the conciliation act. Article 145. Holding of the conciliation act. Article 146. Testimony and expenses. Article 147. Execution. Article 148. Action for nullity. cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54073 Additional Provision First. References contained in legislation. Additional Provision Second. Legal regime applicable to the fostering of minors. Additional Provision Third. Registration in public registers of foreign public documents. Additional Provision Fourth. Notarial and registry tariffs. Additional Provision Fifth. Regulatory modifications and developments. Additional Provision Sixth. No increase in expenditure. Transitory Provision First. Files in progress. Transitory Provision Second. Intestate inheritances in favor of the Public Administration. Transitory Provision Third. Voluntary auction files. Transitory Provision Fourth. Adoption and matrimonial files. Transitory Provision Fifth. Marriages celebrated by the Evangelical, Jewish and Islamic religious confessions and by those that have obtained recognition of notorious rooting in Spain. Sole Derogatory Provision. Derogation of norms. Final Provision First. Modification of certain articles of the Civil Code. Modified articles: 47, 48, 49, 51, 52, 53, 55, 56, 57, 58, 60, 62, 63, 65, 73, 81, 82, 83, 84, 87, 89, 90, 95, 97, 99, 100, 107, 156, 158, 167, 173, 176, 177, 181, 183, 184, 185, 186, 187, 194, 196, 198, 219, 249, 256, 259, 263, 264, 265, 299 bis, 300, 302, 314, 681, 689, 690, 691, 692, 693, 703, 704, 712, 713, 714, 718, 756, 834, 835, 843, 899, 905, 910, 945, 956, 957, 958, 1005, 1008, 1011, 1014, 1015, 1017, 1019, 1020, 1024, 1030, 1033, 1057, 1060, 1176, 1178, 1180, 1377, 1389, 1392 and 1442. Final Provision Second. Modification of the Commercial Code. Modified article: 40. Final Provision Third. Modification of certain articles of Law 1/2000, of January 7, on Civil Procedure. Modified articles: 8, 395, 525, 608, 748, 749, 758, 769, 777, 778 bis, 778 ter, 778 quáter, 782, 790, 791, 792, 802 and the Final Provision twenty-second. Final Provision Fourth. Modification of Law 20/2011, of July 21, on the Civil Registry. Modified articles: 58, 58 bis, 59, 60, 61, 67, 74, 78, final provision second, final provision fifth, final provision fifth bis, final provision tenth. Final Provision Fifth. Modification of Law 24/1992, of November 10, approving the Cooperation Agreement of the State with the Federation of Evangelical Religious Entities of Spain. Modified article: 7. Final Provision Sixth. Modification of Law 25/1992, of November 10, approving the Cooperation Agreement of the State with the Federation of Israelite Communities of Spain. Modification of the title of the Law. Modified articles: 7 and additional provision fourth. Final Provision Seventh. Modification of Law 26/1992, of November 10, approving the Cooperation Agreement of the State with the Islamic Commission of Spain. Modified article: 7. cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54074 Final Provision Eighth. Modification of Law 33/2003, of November 3, on the Assets of Public Administrations. Modified articles: 20, 20 bis, 20 ter, 20 quáter, Additional Provision twenty-third, Additional Provision twenty-fourth and Final Provision second. Final Provision Ninth. Modification of Law 50/1980, of October 8, on Insurance Contracts. Modified article: 38. Final Provision Tenth. Modification of Law 41/2003, of November 18, on the patrimonial protection of persons with disabilities and modification of the Civil Code, the Civil Procedure Act and Tax Regulations with this purpose. Modified article: 5. Final Provision Eleventh. Modification of the Law of May 28, 1862, on Notaries. Title VII. Intervention of Notaries in files and special acts. Modified articles: 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 and additional provision first. Final Provision Twelfth. Modification of the Mortgage Law. Modified article: 14 and new Title IV bis. On Conciliation (article 103 bis). Final Provision Thirteenth. Modification of the Law of December 16, 1954, on Movable Mortgage and pledge without displacement of possession. Modified articles: 86, 87, 88 and 89. Final Provision Fourteenth. Modification of the consolidated text of the Capital Companies Law, approved by Royal Legislative Decree 1/2010, of July 2. Modified articles: 139, 141, 169, 170, 171, 265, 266, 377, 380, 381, 389, 422 and 492. Final Provision Fifteenth. Modification of Law 211/1964, of December 24, on the regulation of the issuance of bonds by Companies that have not adopted the form of Anonymous, Associations or other legal persons and the constitution of the Bondholders' Syndicate. Article sixth. Final Provision Sixteenth. Modification of the sole transitory provision of Law 33/2006, of October 30, on equality between men and women in the order of succession of noble titles. Modifies the sole transitory provision. Final Provision Seventeenth. Modification of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16. Modified articles: 19, 141 and 163. Final Provision Eighteenth. Modification of Law 10/2012, of November 20, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences. Modifies letter e) of paragraph 1 of article 4. cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54075 Final Provision Nineteenth. Free of charge of certain notarial and registry files. Final Provision Twentieth. Competential title. Final Provision Twenty-first. Entry into force. PREAMBLE I The incorporation into our legal order of a Law on Voluntary Jurisdiction is part of the general process of modernization of the positive system of protection of private law initiated more than a decade ago. The final provision eighteenth of Law 1/2000, of January 7, on Civil Procedure, entrusted the Government with the submission to the General Courts of a draft Law on Voluntary Jurisdiction, a legal provision linked to the construction of an advanced procedural system comparable to that existing in other countries. With the Law on Voluntary Jurisdiction, greater systematic coherence and rationality are given to our procedural legal order. Indeed, the central place of the Civil Procedure Act in our justice system, as the norm in charge of the complete organization of civil procedure and giving fullness to the procedural system as a whole, is hardly compatible with the maintenance in its articles of some matters that deserved a differentiated legal treatment, even though their knowledge corresponded to the civil courts. Among these matters is, in a peacefully accepted manner, voluntary jurisdiction. Its regulation within the Civil Procedure Act, as has occurred in Spain since 1855, was rather the result of the collecting vocation of our historical Law than the result of the application to the legal-procedural field of certain conceptual categories. For this reason, it is now opted, as in most nations of our surroundings, to separate voluntary jurisdiction from the common procedural regulation, maintaining between them the natural relations of specialty and subsidiarity that occur between norms within any complex legal system. Its regulation in an independent law simultaneously supposes the recognition of the conceptual autonomy of voluntary jurisdiction within the set of legally attributed public-juridical activities to the courts of justice. II The Law on Voluntary Jurisdiction is not justified only as another element within a plan of rationalization of our civil procedural order. Nor as a simple channel of legislative homologation with other nations. The Law on Voluntary Jurisdiction must also be highlighted as a singular contribution to the modernization of a sector of our Law that has not deserved such detailed 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 persons are at stake. This Law is, in other words, the response to the need for a new legal order, adequate, reasonable and realistic for voluntary jurisdiction. In the previous legislation it was not difficult to notice the trace of time, with regulatory defects and obsolete norms or without the adequate technical rigor. The partial reforms experienced in this time did not prevent the persistence of provisions little harmonious with more modern organic and procedural institutions, which constituted an obstacle to achieving the effectiveness expected of every legal instrument that must serve as a channel of intermediation between the citizen and public powers. The Law on Voluntary Jurisdiction takes advantage of the experience of legal operators and the doctrine emanating from the courts and authors to offer the citizen cve: BOE-A-2015-7391 Verifiable at http://www.boe.es

OFFICIAL STATE BULLETIN No. 158 Friday, July 3, 2015 Sec. I. Page 54076 effective and simple means, which facilitate the obtaining of certain legal effects in a prompt manner and with respect for all rights and interests involved. III The interest of the citizen occupies a central place among the objectives of this Law. Throughout its articles, simple, effective and adequate instruments are established to the social reality to which they apply, in the case that they require the intervention of the courts of justice through any of the acts of voluntary jurisdiction. This single argument would justify the appropriateness of any legal reform affecting Justice and its organs, since the activity of these, like any public labor in which the existence or effectiveness of subjective rights is at stake, must be apt to achieve the desired effect by means that do not generate dissatisfaction or frustration among the interested parties. Hence, the Law on Voluntary Jurisdiction facilitates to citizens a systematic, ordered and complete legal regulation of the different files contained in it, updating and simplifying the norms related to their processing, trying to opt for the least costly and fastest channel, from the maximum respect for guarantees and legal certainty, and taking special care in the adequate organization of its acts and institutions. It is, thus, to regulate voluntary jurisdiction files so that the citizen is protected with the degree of effectiveness demanded by a society increasingly aware of its rights and increasingly demanding with its public organs. Sometimes, the previous objective is achieved with a mere updating of the actions that make up a certain file. In others, this objective is sought from the simplification, conjunction and harmonization of its provisions with others integrated in procedural or substantive norms. In particular, particular care is taken to adapt the regulation of voluntary jurisdiction files to the principles, provisions and general norms contained in the Civil Procedure Act, thereby avoiding interpretation problems and giving response to some legal gaps and aporias. This Law has been elaborated at the same time as other reforms, affecting the same norms, such as the laws modifying the syst