Law 8/2021, of June 2, which reforms legislation
Summary
Felipe VI King of Spain
All those who were present saw and understood.
Sabed: that the General Courts have approved and I come to sanction the following law:
PREAMBLE
I
The present reform of civil and procedural legislation aimsArticle 1two proclaims that people with disabilities have legal capacity on equal terms with others in all aspects of life, and forces States parties to adopt relevant measures to provide people with disabilities accessing the support they may needIn the exercise of its legal capacity.The purpose of the Convention is to promote, protect and ensure full enjoyment and under conditions of equality of all human rights and fundamental freedoms by all persons with disabilities, as well as promoting respect for their inherent dignity.
With the manifestation of this objective, the Convention introduces important novelties in the treatment of disability, in addition to demanding states parties that in all measures related to the exercise of legal capacity, adequate and effective safeguards are provided to prevent abuses of conformityWith international human rights law.These safeguards will ensure that the measures related to the exercise of legal capacity respect the rights, will and preferences of the person, that there is no conflict of interest or undue influence, that are proportional and adapted to the circumstances of the person, which areapply within the shortest possible period and that are subject to periodic examinations by an authority or a competent, independent and impartial judicial body.The safeguards will be proportional to the degree to which these measures affect the rights and interests of the people.
Thus, the change of a system such as the until now in force in our legal system is imposed, in which the replacement predominates in making decisions that affect people with disabilities, on the other based on respect for will and preferencesof the person who, as a general rule, will be in charge of making their own decisions.
The reform of the Spanish legal system, which is a consequence of the ratification by Spain of said treaty, began with Law two6/two011, called precisely of normative adaptation to the International Convention on the Rights of Persons with Disabilities, and which was commissionedto modify numerous legal bodies of our internal law.The reform continued with the Royal Legislative Decree 1/two013, of November two9, which approved the consolidated text of the General Law of Rights of Persons with Disabilities and its Social Inclusion, to which the reform must be added of the Criminal Code carried out by Organic Law 1/two015, of March 30, the new voluntary jurisdiction legislation(Law 15/two015, of July two, modified by Law 4/two017, of June two4, precisely In relation to the right of persons with disabilities to marry on equal terms) or the most recent organic law 1/two017, of December 13, of modification of Organic Law 5/1995, of May twotwo, of the Court of the jury, to guarantee the participation of persons with disabilities without exclusions, and Organic Law two/two018, of December 5, for the modification of Organic Law 5/1985, of June 19, of the General Electoral Regime to guarantee the suffrage right of all people with disabilities Actity.
This law implies a fundamental milestone in the work of adapting our ordering to the New York Convention, as well as the updating of our domestic law in a subject, such as respect for the right of equality of all personsIn the exercise of its legal capacity, which has been the subject of constant attention in recent years, both by the United Nations, and by the Council of Europe or by the European Parliament itself and, as a logical consequence, also by the systemsstate of our environment.
The new regulation is inspired, as our Constitution in its article 10 requires, in respect for the dignity of the person, in the protection of their fundamental rights and in respect for the free will of the person with disabilities, as well as in thePrinciples of need and proportionality of support measures that, where appropriate, may need that person for the exercise of their legal capacity on equal terms with others.In this regard, it must be taken into consideration that, as evidenced by the general observation of the United Nations Expert Committee prepared in two014, this legal capacity covers both the ownership of rights and legitimation to exercise them.
II
This law consists of eight articles, two additional provisions, six transient provisions, a repeal provision and three final provisions.
The first article modifies the law of notaries with eight sections;The second article, with sixty -seven sections, modifies the Civil Code;The third article affects the mortgage law and consists of nine sections;The fourth article reforms Law 1/two000, of January 7, on civil prosecution, with twenty -nine sections;The fifth article modifies Law 41/two003, of November 18, on the patrimonial protection of persons with disabilities and modification of the Civil Code, the Civil Procedure Law and the Tax Regulations for this purpose, and is distributed in sixsections;The sixth article modifies Law two0/two011, of July two1, of the Civil Registry, and is distributed in ten sections;The seventh article, referring to Law 15/two015, of July two, on the voluntary jurisdiction, is structured in twenty sections;Finally, the eighth article, referring to the Commercial Code, is structured in three sections.
III
The reform that the second article introduces in the Civil Code is the most extensive and of greatest draft, since it feels the foundations of the new system based on respect for the will and preferences of the person with disabilities, which reports the entire norm andIt is extrapolated through the other legal modifications to the rest of civil and procedural legislation.
Title XI of the First Book of the Civil Code is written again and goes on "of the support measures to people with disabilities for the exercise of their legal capacity", so that the element on which the new regulation does not payIt will be nor the incapacitation of those who are not considered sufficiently capable, nor the modification of a capacity that is inherent in the status of human person and, therefore, cannot be modified.On the contrary, the central idea of the new system is the support of the person who needs it, support that, as the aforementioned general observation of two014 remembers, is a broad term that encompasses all kinds of actions: from accompanimentFriendly, technical help in communication of declarations of will, the rupture of architectural barriers and all kinds, the council, or even the decision -making of the person with disabilities.It should even be added that in situations where support cannot be given otherwise and only in this impossibility, it can be specified in representation in decision making.It is important to point out that any person who requires them can benefit from support measures, regardless of whether their disability situation has obtained any administrative recognition.It is also relevant that, univelyPersonal aspects, such as decisions about the vicissitudes of your ordinary life - domicile, health, communications, etc..-.
It is not, therefore, a mere change of terminology that relegates the traditional terms of "disability" and "incapacitation" by others more precise and respectful, but a new and most successful approach to reality, which warns something that has happenedFor a long unnoticed: that people with disabilities are holders of the right to make their own decisions, the right to be respected;It is, therefore, a matter of human rights.And it is that many limitations traditionally linked to disability have not. La reforma normativa impulsada por esta Ley debe ir unida, por ello, a un cambio del entorno, a una transformación de la mentalidad social y, especialmente, de la de aquellos profesionales del Derecho -jueces y magistrados, personal al servicio de la Administración de Justicia, notarios, registradores- que han de prestar sus respectivas funciones, a requerimiento de las personas con discapacidad, partiendo de los nuevos principios y no de visiones paternalistas que hoy resultan periclitadas.
Following the precedents of other European systems and the guidelines of the Council of Europe, at the time of specifying the support, the new regulation grants preference to voluntary measures, that is, to which the person itself can take with disabilities.Within the voluntary measures, the powers and preventive mandates, as well as the possibility of self -otella, acquire special importance.Out of them it is convenient to highlight the reinforcement of the figure of the guardian in fact, which becomes a legal support institution, when it ceases to be a provisional situation when it manifests itself as sufficient and adequate for the safeguard of the rights of the personwith disabilities. La realidad demuestra que en muchos supuestos la persona con discapacidad está adecuadamente asistida o apoyada en la toma de decisiones y el ejercicio de su capacidad jurídica por un guardador de hecho -generalmente un familiar, pues la familia sigue siendo en nuestra sociedad el grupo básico de solidaridad y apoyo entre las personas que la componen, especialmente en lo que atañe a sus miembros más vulnerables-, que no precisa de una investidura judicial formal que la persona con discapacidad tampoco desea.For cases where the guardian is required to perform a representative action, the need to obtain an ad hoc judicial authorization is expected, so that a general procedure for provision of support will be opened, but it will be enoughWith the authorization for the case, prior examination of the circumstances.
The institution object of a more detained regulation is curatela, the main measure of support of judicial origin for people with disabilities. El propio significado de la palabra curatela -cuidado-, revela la finalidad de la institución: asistencia, apoyo, ayuda en el ejercicio de la capacidad jurídica; por tanto, como principio de actuación y en la línea de excluir en lo posible las actuaciones de naturaleza representativa, la curatela será, primordialmente, de naturaleza asistencial.However, in cases where it is necessary, and only exceptionally, representative functions may be attributed to the curator.
The value of care, rising in current democratic societies, has particular application in the exercise of curatela.All people, and especially people with disabilities, need to be treated by other people and carefully public authorities, that is, with the attention required by their specific situation.
Following this same criteria, they are eliminated from the scope of disability not only guardiansIt is proposed.In this sense, it should be remembered that the new conceptions on the autonomy of people with disabilities call that the parents are always the most appropriate people to favor that the adult son with disabilities manages to acquire as much degree of independence as possible and prepare forlive in the future without the presence of their parents, given the predictable survival of the child;To which it is added that when the parents become older, sometimes that parental authority extended or rehabilitated can become a load too burdens.That is why, in the new regulation, when the minor with disabilities reaches the age of majority, the support that needs in the same way and by the same means as any adult that requires them will be provided.
The new text also includes the figure of the judicial defender, especially planhabitual support figure exercises.
All support measures adopted judicially will be reviewed periodically within a maximum period of three years or, in exceptional cases, up to six.In any case, they can be reviewed before any change in the situation of the person that may require their modification.
From the procedural point of view, it fulfills that the support provision procedure can only lead to a judicial resolution that determines the acts for which the person with disabilities requires support, but in no case to the declaration of incapacitation or, muchLess, to the deprivation of rights, whether personal, patrimonial or political.
Finally, prodigality is suppressed as an autonomous institution, given that the assumptions contemplated by it find lace in the standards on support measures approved with the reform.
A reform as deep as the one that is carried out here has forced a notable number of legislative modifications both in the Civil Code and in other laws of undoubted importance.
IV
Within the code, the relocation in titles XI and XII of the first book of the subject that concerns us forces the reorganization of the issue of age, the majority of age and emancipation, so that the title IX of the aforementioned bookIt becomes referring to the guardianship and guardianship of minors, while title X is destined for age and emancipation.In line with what was said, guardianship, with its traditional representative connotation, is reserved for minors who are not protected through parental rights, while the complement of capacity required by emancipated for the exercise of certain legal actswill be treated by a judicial defender.
Out of this framework, there are many legal norms that in the entire extension of the Civil Code require the timely adaptation to the new regulation of the legal capacity of people with disabilities.Thus, the norms affected by this reform range from some relating to private international law, nationality, certain rules on the effects of marriage crises when there are children of legal age with disabilities who need support, which may have repercussions, for example, for example,in the attribution of family housing, or the rules on the establishment of affiliation when there are involved parents or children with disabilities;They also experience specific modifications some precepts related to the Society of Ganage when one of the spouses will require support measures.Particularly affected, some rules related to the right of inheritance and the right of contracts are going to beIn accordance with the new perspective.Likewise, the understanding of persons with disabilities as fully capable subjects, in the double dimension of ownership and exercise of their rights, must also impact inelucably on the idea of responsibility, which must entail the correlative change in the conceptof subjective imputation in civil liability for its own and in a new and most restricted conception of responsibility for the fact of others.To maintain the coherence of the system, the reform also makes necessary the modification of two precepts of the Criminal Code in Civil Liability derived from the criminal offense when such responsibility falls on a person other than the author of the criminal act, and the first additional provision to adapt it toThe new regulation.The reform is used to correct the error that implied the reference to the attributable ones.Additionally, articles 4, 5 and two34 of the Commercial Code are reinforced to adapt them to the new regulation of the Civil Code.In all of them any reference to people with disabilities with support measures is omitted for considering it unnecessary, since this issue will be governed by the general rules provided in the Civil Code.
In the field of the Property Registry, the precepts of the mortgage law that refer to the disapacitation or the incapacitated are modified and the book of incapacitated is suppressed to adapt the terminology and normative contents to the New York Convention of which it bringsCause this reform.On the other hand, article two8 of the Mortgage Law is eliminated, given that the assumptions that eventually this article is called to protect are very residual compared to the damage caused by the succession of collaterals and strangers and the disturbance of traffic, generatingAntieconomic situations.
The Civil Registry becomes a central piece, since it will make effective the preference that the new system attributes to the voluntary measures provided by a person with respect to themselves or their property.However, the necessary respect for the fundamental rights of the person with disabilities, including their intimacy and the protection of their personal data, have led to considering that support measures access registration as data submitted to the restricted advertising regime.
V
The normative adaptation to the Convention must also be extended to the procedural scope, so that the traditional processes of modification of capacity are replaced by those aimed at providing support for people with disabilities.Such circumstance also allows you to introduce some modifications in the regulation of the processes in which a claim of these characteristics is exercised, aimed at solving some problems that have been detected in forensic practice and that give rise to different interpretations between the courts.
Law 1/two000, of January 7, on civil prosecution, has undergone a joint review in which, beyond the necessary terminological reviews, the adjustments required by the adaptation to the Convention in the year have been introducedof the actions of determination or challenge of the affiliation, in the procedures of separation and divorce and in the procedure for the division of inheritance.
The first relevant modification is found in article 7 bis, which is also introduced into the Voluntary Jurisdiction Law.In this article, adaptations and adjustments are regulated in the procedures in which people with disabilities participate, regardless of whether they do so as part or in a different one and that will be carried out in all phases and procedural actions in which it resultsnecessary, including communication acts.Additionally, it is expressly mentioned that the person with disabilities will be allowed, if you wish and at their expense, be worth an expert professional who as a facilitator performs adaptation and adjustment tasks.
Section 1 of article 756 of the Civil Procedure Law is also important, which establishes that in the cases in which, in accordance with civil legislation, the appointment of curator is relevant and opposition has been formulated in the prior file of jurisdictionvolunteer or when the file has not been able to resolve, the processes of adoption of judicial measures to support people with disabilities will be governed by the provisions of said chapter.In case of absence of opposition, the judicial provision of support will be governed by the provisions of voluntary jurisdiction legislation.
It is, therefore, an ambitious reform that opts for the channel of the voluntary jurisdiction in a preferential way, considering essentially the participation of the person itself, facilitating that they can express their preferences and actively intervening and, where the judicial authority intereststhe precise information, always adjusting to the principles of necessity and proportionality.All this without prejudice to the procedure becoming a contradictory.For its part, in section 3 of that same precept there is a solution to the problem derived from the change in habitual residence of the person with disabilities when the support provision process is pending.Following the criterion sitting by the Civil Chamber of the Supreme Court, in those cases the actions should be sent to the judge of the new residence, provided that the view has not yet been held.This facilitates the development of the process and this is approaching where the person with disabilities is effectively.
Article 757 of the Civil Procedure Law, in its 3 and 4 sections, also responds to situations that were originating diverse practices in court.On the one hand, the presentation of allegations is allowed by that person who appears in the demand as a curator of the person with disabilities, which makes it possible to have more data about their availability and suitability to assume such a parcel.On the other, the intervention is admitted to its coast in the process of any of the legitimates that are not promoter of the procedure or any subject with legitimate interest, thus avoiding situations of inequality among the relatives of the person with disabilities, such asIt happened before, where some could act fully in the process given their status and others, however, they could only be heard in the test phase.
The following modifications are contained in article 758 of the Civil Procedure Law and refer to the moment of admission of the claim and the person's personation of the defendant.In the first place, it is established that, once the claim is admitted, the existing information on the support measures adopted, to respect the will of the person with disabilities, must be obtained from public records.And, secondly, the appointment of a judicial defender is prescribed when the interested person, that is, the person with disabilities, does not appear, within the period granted to answer the claim, with his own defense and representation.This is achieved that there is always someone who defends in the process the interests of the person with disabilities.
The regulation of the evidence that must be practiced in this type of processes is rearranged in the new text and, in addition, it is introduced in article 759.two of the Civil Procedure Law the possibility that the mandatory hearings may not be carried out when the one is demanded by the interested person and those can invade his privacy, by making his family known intimate data that she prefers to keep reserved.Additionally, the process must move away from the traditional scheme to move towards an interprofessional or "round table" collaboration system, with specialized professionals from the social, health and others that can advise the support measures that are suitable in each case.Finally, unlike what happened in the previous regulations, the content of the sentence that the judge must be issued refers to the norms of civil law that are applied, when considering a more subject of substantive law than procedural.
VI
The reform of Law 15/two015, of July two, of the voluntary jurisdiction, is justified both by the introduction of the new file for the provision of judicial measures to support people with disabilities, and for the need for no discrepancy betweenThe various legal texts, all for the sake of an effective protection of people's rights.
In this way, an adjustment is established between the Law of Voluntary Jurisdiction and the Material Civil Legislation regarding the appointment of the Judicial Defender of Minors or people with disabilities.
Secondly, a new chapter III bis is incorporated regarding the file of provision of judicial measures to support people with disabilities for the cases in which, in accordance with civil norms, the forecast of some judicial measure of support of support of support is relevantstable character and there is no opposition.The Fiscal Ministry, the interested person itself, its spouse not legally or who is in an assimilable situation, and their descendants, ascendants, or brothers may promote this file, or brothers.
In relation to the file for the appointment of the tutor(for the minor) or curator(for the person with disabilities), in addition to some terminological adaptations, the procedure for the accountability of the tutor or curator is modified, to solve some dysfunctions detectedDuring these almost three years of validity of the Voluntary Jurisdiction Law.On the one hand, the appearance before the judge should not always take place, but only when an interested party requests it, which prevents the current proliferation of views that in most cases are meaningful in the absence of complexity and oppositionto the accounts presented.On the other hand, the court is allowed ex officio, at the expense of the patrimony of the guardian or assis technique.This responds to a need that the courts have repeatedly shown, in line with achieving greater protection of the interests of the child or the person with disabilities.
An aspect of the judicial authorization or approval of acts of alienation or taxation of goods belonging to minors or people with disabilities is also modified.According to the new regulation of article 6two.3 of the Voluntary Jurisdiction Law, the intervention of lawyer and attorney will no longer be mandatory in all cases where the amount of the operation exceeds 6.000 euros, but only when it is necessary for reasons of complexity of the operation or for the existence of conflicting interests.In this way, it is intended to save the minor and the person with disabilities in relation to acts that lack technical or legal difficulty, given that in this type of actions there will always be judicial control at the time of deciding on approvalas requested.
VII
Finally, it is worth highlighting the reform of the Law on Notaries and Law 41/two003, of November 18, on the patrimonial protection of persons with disabilities and modification of the Civil Code, the Law on Civil Procedure and the RegulationsTax, in order to accompany its regulation to the change of paradigm that introduces this reform.
VIII
As for the transitory regime, a flexible formula has been chosen, according to which, as a general rule, the support functions will be exercised in accordance with the new law from its entry into force and a broad legitimation is established to request from the judicial authority,At any time, the review of the measures that had been established in accordance with the previous system.The review may also be produced ex officio.
Finally, a period of three months is set for the entry into force of the norm, attending to the need for the new legislation to be sufficient time so that the changes introduced can be faced.
Article First Modification of the Law of Notaries, of May two8, 186two
The Law of Notaries, of May two8, 186two, is modified as follows:
LE0000007637_two0two10903«To guarantee the accessibility of people with disabilities that appear before a notary, these may use the reasonable support, instruments and adjustments that are precise, including augmentative and alternative systems, braille, easy reading, pictograms, easily accessible multimedia devices, interpreters, interpreters,Support systems for oral communication, sign language, dactylological language, tactile communication systems and other devices that allow communication, as well as any other accurate."
LE0000007637_two0two10903"1. The spouses, when they do not have non -emancipated or older children with respect to those who have established judicial support measures attributed to their parents, may agree their marriage separation or divorce by mutual agreement, by formulating a regulatory agreement in public deed in public deed.They must provide their consent before the notary of the last common domicile or that of the domicile or habitual residence of any of the applicants."
LE0000007637_two0two10903«When any of the interested parties were minor and lacking a legal representative, or being a person with disabilities without sufficient support, the notary will communicate this circumstance to the Fiscal Ministry to institute the appointment of a judicial defender."
LE0000007637_two0two10903«When any of the interested parties were minor and lacked legal representative or person with disabilities without sufficient support, the notary will communicate this circumstance to the Fiscal Ministry to institute the appointment of a judicial defender."
LE0000007637_two0two10903"3. When any of the aforementioned persons were minor and lacked legal representative or person with disabilities without sufficient support, the notary will communicate this circumstance to the Fiscal Ministry to institute the appointment of a judicial defender."
LE0000007637_two0two10903Second article modification of the Civil Code
The Civil Code is modified as follows:
LE0000013389_two0two10903«Se decretará judicialmente la separación cuando existan hijos menores no emancipados o hijos mayores respecto de los que se hayan establecido judicialmente medidas de apoyo atribuidas a sus progenitores, cualquiera que sea la forma de celebración del matrimonio:"
LE0000013389_two0two10903"1. The spouses may agree on their separation from mutual agreement after three months from the conclusion of marriage by formulating a regulatory agreement before the lawyer of the administration of justice or in public deed before a notary, in which, together with the unequivocal will to separate, will determine the measures that have to regulate the effects derived from the separation in the terms established in article 90.Diplomatic or consular officials, in the exercise of the notarial functions that have attributed, may not authorize the public separation deed.
The spouses must intervene in the granting personally, notwithstanding the fact that they must be assisted by a lawyer in exercise, lending their consent before the lawyer of the administration of justice or notary.Likewise, emancipated older or minor children must grant consent to the lawyer of the administration of justice or notary regarding the measures that affect them to lack their own income and live in the family home.
two. The provisions of this article will not apply when there are children in the situation referred to in the previous article."
LE0000013389_two0two10903«When at the time of the nullity, separation or divorce there are common children of oldof exercise of these, which, where appropriate, will enter into force when the son reaches eighteen years of age.In these cases the legitimation to urge them, the test specialties and the content of the sentence will be governed by the provisions of the Civil Procedure Law on the judicial provision of support measures to persons with disabilities."
LE0000013389_two0two10903«The judicial authority will determine the time, way and place in which the parent who does not have with them the minor children may exercise the right to visit them, communicate with them and have them in their company.
Regarding children with disabilities of more age or emancipated who need support to make the decision, the parent who does not have them in their company may request, in the same procedure of nullity, separation or divorce, that the way in which thewill exercise the right provided in the previous paragraph.
The Judicial Authority will adopt the resolution provided for in the previous paragraphs, prior hearing of the Son and the Prosecutor's Office.Likewise, the Judicial Authority may limit or suspend the rights provided for in the previous paragraphs if relevant circumstances are given that advise or violate or repeatedly breach the duties imposed by the judicial resolution.
The establishment of a visit or stay regime will not proceed, and if it existed, it will be suspended, with respect to the parent that is incurred in a criminal process initiated by attempting against life, physical integrity, freedom, moral integrity or freedom and indemnitysexual of the other spouse or their children.Nor will it proceed when the judicial authority warns, from the allegations of the parties and the evidence practiced, the existence of founded indications of domestic or gender violence.However, the judicial authority may establish a regime of visit, communication or stay in a motivated resolution in the best interests of the minor or in the will, wishes and preferences of the major with disabilities needed to support and prior evaluation of the situation of the paternalophilial relationship.
In any case, the establishment of a regime of visits regarding the parent in prison, provisional or by final sentence, agreed in criminal proceedings for the crimes set forth in the previous paragraph will not proceed in any case.
Likewise, the Judicial Authority may recognize the right of communication and visit provided for in the second section of article 160, prior hearing of the parents and who would have requested it for its status as a brother, grandfather, relative or relative of the minor or the major withdisability that requires support to make the decision, which must provide their consent.The judicial authority will always resolve in mind the interest of the minor or the will, desires and preferences of the major with disabilities."
El Pleno del Tribunal Constitucional, por providencia de 7 de octubre de two0two1, ha acordado admitir a trámite el recurso de inconstitucionalidad número 5570-two0two1, contra el artículo segundo, apartados 10 y 19, de la Ley 8/two0two1, de two de junio(«B.O.E." 16 octubre).LE0000709673_two0two11016LE0000013389_two0two10903"1. In the absence of the spouses approved by the judicial authority, the use of family housing and the objects of ordinary use of it will correspond to the child minors and the spouse in whose company they remain, until all those reach themajority of age.If among the minor children there were any in a disability situation that made the continuation of the use of family housing convenient after their age, the judicial authority will determine the duration of that right, depending on the concurrent circumstances.
For the purposes of the previous paragraph, the common children of legal age that at the time of the nullity, separation or divorce were in a disability situation that made the continuation in the use of family housing convenient, are equated to the minor children who arefind in similar situation.
The use provided for in the first paragraph, the housing needs of those who lack economic independence will be addressed as provided in Title VI of this book, related to food in relatives,.
When some of the children are in the company of one of the spouses and those remaining in the other, the judicial authority will resolve what is appropriate.
two. There are no children, it may be agreed that the use of such assets corresponds to the non -holder spouse for the time that is prudently fixed whenever, attended to the circumstances, they made it advisable and their interest was the most needy of protection of protection.
3. To have all or part of the house and assets indicated whose use has been attributed according to the previous paragraphs, the consent of both spouses or, failing that, judicial authorization, judicial authorization will be required.This restriction in the operative faculty on family housing will be recorded in the Property Registry.The erroneous or false manifestation of the available housing will not harm the acquirer in good faith."
LE0000013389_two0two10903«In any case, the acts granted in the name of the youngest son by their legal representative or, in the case of the elderly with disabilities who had planned support measures, those carried out according to these, before the affiliation had been determined."
LE0000013389_two0two10903«The recognition granted by non -emancipated minors will need for its validity judicial approval with a hearing of the Fiscal Ministry.
For the validity of the recognition granted by persons of legal age with respect to those who have established support measures, it will be what results from the judicial resolution or public deed that has established them.If nothing had been arranged and there were no voluntary support measures, the corresponding review of the judicially adopted support measures will be instructed to complete them to this purpose."
LE0000013389_two0two10903«The recognition of a child of elderly will not produce effects without its express or tacit consent.
The consent for the effectiveness of the recognition of the elderly with disabilities will be provided by this, expressly or tacitly, with the support that requires for it.In the event that there is a judicial resolution or public deed that has established support measures, it will be available there."
LE0000013389_two0two10903«The effectiveness of the child's recognition will require the express consent of its legal representative or judicial approval with a hearing of the Prosecutor and the legally known parent.
Consent or approval will not be necessary if the recognition has been carried out in will or within the established period to practice the registration of the birth.The registration of paternity thus practiced can be suspended with the simple request of the mother during the year following the birth.If the father requested the confirmation of the registration, the judicial approval with a hearing of the Fiscal Ministry will be necessary."
LE0000013389_two0two10903«When the parents of the child are brothers or consanguinees in a straight line, legally determined the affiliation with respect to one, it may only be legally determined with respect to the other prior judicial authorization, which will be granted with a hearing of the Fiscal Ministry, when it agrees to the interest of the child.
The child may, achieved the age of majority, invalidate this last determination by authentic declaration if it has not consented it."
LE0000013389_two0two10903"1. The non -matrimonial affiliation claim action, when the respective state possession is missing, will correspond to the child throughout his life.
If the son dies before four years since he reached the age of majorAction will correspond to your heirs for the time you will miss to complete these deadlines."
LE0000013389_two0two10903"1. Paternity may be challenged by the child during the year following the inscription of the affiliation.
If less or person with disabilities with support measures, to challenge it, the period of the year will be counted from the age of majority or from the extinction of support measures.
The exercise of the action in the interest of the child who is less will also correspond, during the year following the registration of the affiliation, to the mother who holds the parental authority, to his legal representative or the Fiscal Ministry.
If it is a person with disabilities, this, who provides support and is expressly empowered for it or, failing that, the Fiscal Ministry may also exercise the challenge action during the year following the registration of the affiliation.
two. If the child, despite having elapsed more than a year since the registration in the registry, since the majority of age or from the extinction of the support measure, he did not know the lack of biological fatherhood of who appears registered as his parent, the computationof the period of one year it will begin to count since I had such knowledge."
LE0000013389_two0two10903«The parental authority will be exercised jointly by both parents or for only one with the express or tacit consent of the other.The acts carried out by one of them according to social use and circumstances or in situations of urgent need will be valid.
Issued a conviction and as long as criminal responsibility is not extinguished or initiated a criminal procedure against one of the parents for attempting against life, physical integrity, freedom, moral integrity or freedom and sexual indemnity of common sons or daughtersminors, or for attempting against the other parent, the consent of this will suffice for the care and psychological assistance of the minor children and daughters, and the first must be previously informed.The above will be equally applicable, although prior complaint has not been filed, when the woman is receiving assistance in a specialized gender violence service, provided that a report issued by said service that provides said situation..If the assistance had to be provided to the sons and daughters older than sixteen years, the express consent of these will be specified in any case.
In case of disagreement in the exercise of parental rights, either of the two may go to the judicial authority, who, after hearing both and the son if he had enough maturity and, in any case, if he were over twelve years,will attribute the power to decide one of the two parents.If the disagreements were repeated or any other cause that seriously hinders the exercise of parental rights, may totally or partially attribute one of the parents or distribute among them their functions.This measure will be valid during the period to be fixed, which may never exceed two years.In the assumptions of the previous paragraphs, with respect to third parties in good faith, it will be presumed that each of the parents acts in the ordinary exercise of parental authority with the consent of the other.
In the absence or absence or impossibility of one of the parents, parental rights will be exercised exclusively by the other.
If the parents live separately, the parental authority will be exercised by the one with whom the child lives.However, the Judicial Authority, at the founded request of the other parent, may, in the interest of the child, attribute to the applicant the parental authority to exercise it together with the other parent or distribute between the two the functions inherent to its exercise."
El Pleno del Tribunal Constitucional, por providencia de 7 de octubre de two0two1, ha acordado admitir a trámite el recurso de inconstitucionalidad número 5570-two0two1, contra el artículo segundo, apartados 10 y 19, de la Ley 8/two0two1, de two de junio(«B.O.E." 16 octubre).LE0000709673_two0two11016LE0000013389_two0two10903«Title IX of the guardianship and the guardian of the minors
Guardianship Chapter
SECTION 1 GENERAL DISPOSITIONS
Article 199
They are subject to guardianship:
Artículo two00
Tutelary functions constitute a duty, will be exercised for the benefit of the guardian and will be under the safeguard of the judicial authority.
The measures and provisions provided for in article 158 may also be agreed by the Judicial Authority in all cases of minors, as the interest of these requires it.
If they were minors who are under the protection of a public entity, these measures may only be agreed by the judicial authority ex officio or at the request of said entity, the Fiscal Ministry or the minor itself.The public entity will be part of the procedure and the agreed measures will be communicated to this, which will transfer said communication to the director of the residential center or the cozy family.
Artículo two01
The parents may in will or notarial public document designate tutor, establish the control bodies of the guardianship, as well as designate the people who have to integrate them or order any other provision on the person or property of their minor children.
Artículo two0two
The designations referred to.
Artículo two03
When there are provisions of the parents made in will or notarial public document of the parents, they will apply together, as soon as they were compatible.If not, they will be adopted by the judicial authority, in a motivated decision, which it considers most convenient for the best interests of the minor.
Artículo two04
The provisions made in testament or notarial public document on guardianship will be ineffective if, at the time of adopting them, the available had been deprived of parental authority.
Artículo two05
The one that has goods free of charge in favor of a minor may establish the rules of administration and disposition of them and designate the person or persons who have to exercise them.The functions not conferred to the administrator correspond to the tutor.
Artículo two06
They will be obliged to promote the constitution of the guardianship, from the moment they knew the fact that I would motivate it, the relatives called to it and the natural or legal person under whose guardian is the minor and, if they do not do so, they will be responsible for solidarityof compensation for damages caused.
Artículo two07
Any person may inform the Fiscal Ministry or Judicial Authority the determining fact of the protection, in order to begin the file referred to in the following article.
Artículo two08
The judicial authority will constitute the guardianship by means of a voluntary jurisdiction file, following the legally provided procedures.
Artículo two09
The protection will be exercised under the surveillance of the Fiscal Ministry, which will act ex officio or at the request of the minor or any interested party.
At any time you can demand from the tutor to inform you about the situation of the minor and the state of the protection of the guardianship.
Artículo two10
The Judicial Authority may establish, in the resolution by which the guardianship is constituted or in a subsequent one, the surveillance and control measures that it deems appropriate, for the benefit of the guardian.Likewise, at any time you can demand from the tutor to report on the situation of the minor and the state of the administration.
Sección twoDe la delación de la tutela y del nombramiento del tutor
Artículo two11
All natural persons that, in the opinion of the judicial authority, meet the sufficient aptitude conditions for the adequate performance of their function and in them there are no one of the causes of disability established in the following articles may be tutors.
Artículo two1two
Foundations and other non -profit, public or private legal entities may be tutors, whose purposes include the protection and assistance of minors.
Artículo two13
For the appointment of the tutor it will prefer:
Exceptionally, in a motivated resolution, the order of the previous paragraph can be altered or dispense with all the people mentioned in it, if the best interests of the minor demands so.It is considered beneficial for the child integration into the family life of the tutor.
Artículo two14
In the absence of the persons mentioned in the previous article, the Judicial Authority will design.
Artículo two15
If you have to designate tutor for several brothers, it will be ensured that the appointment falls on the same person.
Artículo two16
They cannot be tutors:
Artículo two17
The judicial authority may not appoint the following people:
Artículo two18
The guardianship will be exercised by a single tutor except:
Artículo two19
In the case of numeral 3.º From the previous article, if the parents had expressly arranged it, it may be resolved, when making the appointment of tutors, that they may exercise the powers of the guardianship with a solidarity character.
Of not mediating such an appointment class and, without prejudice to the provisions of numeral 1.º Of the previous article, the powers of the guardianship entrusted to several tutors must be exercised by these together, but what is done with the agreement of the greatest number will be valid.In the absence of such agreement, the Judicial Authority, after hearing the tutors and the guardian if he had enough maturity, will resolve without further appeal what he deems appropriate.In the event that the disagreements were repeated and seriously hinder the exercise of the guardianship, the judicial authority may reorganize its operation and even name new tutor.
Artículo twotwo0
If the tutors have their powers attributed jointly and there will be incompatibility or opposition of interests in any of them for an act or contract, it may be carried out by the other tutor or, if several, for others together.
Artículo twotwo1
In cases that for any reason, any of the tutors, the guardianship will subsist with the remaining unless that, when making the appointment, otherwise had been arranged expressly.
Artículo twotwotwo
The protection of minors who are in a situation of helplessness will correspond by the Ministry of the Law to the public entity to which the protection of minors is entrusted in the respective territory.
However, the appointment of the tutor will proceed according to the ordinary rules when there are natural persons who, due to their relationships with the minor or other circumstances, may assume guardianship in the interest of this.
In the case of the previous paragraph, prior to the judicial designation of Tutor, or in the same resolution, the suspension or deprivation of parental authority or the removal of the tutor must be agreed, where appropriate, where appropriate.
They will be legitimized to exercise the deprivation actions of parental authority, promote the removal of the tutor and request the appointment of the tutor of minors in helplessness, the Fiscal Ministry, the Public Entity and those called to the exercise of guardianship.
Artículo twotwo3
The causes and procedures of removal and excuse of guardianship will be the same as those established for the curatela.
The judicial authority may decree the removal at the request of the minor if they have enough maturity.In any case, your opinion will be taken into account and a hearing will be given if they are over twelve years.
Declared the removal, the appointment of a new tutor will proceed in the manner established in this Code.
Section 3 of the tutelage exercise
Artículo twotwo4
They will be applicable to guardianship, with a supplementary character, the rules of the curatela.
Artículo twotwo5
The tutor is the representative of the minor, except for those acts that he can perform for itself or for which he only requires assistance.
Artículo twotwo6
The tutor is prohibited:
Artículo twotwo7
The tutors will exercise their position in the interest of the child, according to their personality and with respect to their rights.
When necessary for the exercise of guardianship, the help of the authority can gather.
Artículo twotwo8
The tutor is obliged to watch over the tuttelad and, in particular:
Artículo twotwo9
The tutor is entitled to a remuneration, provided that the child's assets permits it, as well as the reimbursement of justified expenses, quantities that will be satisfied by said heritage.
Unless the parents had established something else, and without prejudice to such forecasts to be modified by the judicial authority if deemed convenient for the interest of the minor, corresponds to the judicial authority to set its amount and the way of receiving it, for which it will havein account the work to be carried out and the value and profitability of the goods.
It may also be established that the tutor endors.The judicial authority may leave this forecast or establish even when the parents had arranged, if deemed convenient for the interest of the child.
Artículo two30
The person who in the exercise of a guardians.
Section 4 of the extinction of guardianship and final accountability
Artículo two31
The guardianship is extinguished:
Artículo two3two
The tutor, without prejudice to the obligation of annual accountability, when ceasing its functions, must render before the judicial authority the justified general account of its administration within three months, extendable for the time that is necessary if it concurs just cause.
The action to demand the surrender of this account prescribes at age five, counted from the termination of the established period to carry out it.
Before resolving about the approval of the account, the judicial authority will also hear, where appropriate, to the new tutor and the person who had been subject to guardianship or his heirs.
The judicial approval of the accounts will not prevent the exercise of the actions that can reciprocally assist the tutor and the minor or its beneficiaries due to the guardianship.
Artículo two33
The necessary expenses of accountability will be in charge of the heritage of those who were subject to guardianship.
The balance of the general account will accrue the legal interest, for or against the tutor.If the balance is in favor of the tutor, the legal interest will be accrued from the requirement for the payment, after restitution of the assets to its holder.If it is against the tutor, it will accrue the legal interest once the three months after the approval of the account has elapsed.
Artículo two34
The tutor will respond to the damages that would have caused the minor because of his fault or negligence.
The action to claim this responsibility prescribes at three years from the final accountability.
Chapter Iidel Judicial Defender of the child
Artículo two35
A judicial defender of the minor will be appointed in the following cases:
Artículo two36
The rules of the judicial defender of persons with disabilities will be applicable to the judicial defender of the minor.The minor's judicial defender will exercise his position in the interest of the child, according to his personality and with respect to his rights.
Chapter III of the child's fact
Artículo two37
1.When the judicial authority is aware of the existence of a de factappropriate.
Precautionary, as long as the situation of fact is maintained and until the appropriate protection measure is constituted, if proceed, guardians can be judicially granted to the guardians.Also a temporary foster care may be constituted, the guardians being welcoming.
two. Procederá la declaración de situación de desamparo de los menores cuando, además de esta circunstancia, se den los presupuestos objetivos de falta de asistencia contemplados en el artículo 17two.
In the other cases, the guardian in fact may promote the deprivation or suspension of parental authority, removal of the guardianship or the appointment of tutor.
Artículo two38
They will be applicable to the child's fact, with supplementary character, the norms of the factual guard of people with disabilities."
LE0000013389_two0two10903«Title Xde The Elderly and Emancipation
LE0000013389_two0two10903Artículo two39
Emancipation takes place:
Artículo two40
The oldest begins at age eighteen years old.
For the computation of the age of majority, the day of birth will be included complete.
Artículo two41
In order for emancipation for granting of those who exercise parental authority, the child is required to be sixteen years old and consent to it.This emancipation will be granted by public deed or by appearance before the person in charge of the Civil Registry.
Artículo two4two
The concession of emancipation will have to register in the Civil Registry, not producing in the meantime against third parties.
Granted emancipation cannot be revoked.
Artículo two43
It will be counted for all purposes as emancipated to the eldest son of sixteen who, with the consent of the parents, live independently of these.The parents can revoke this consent.
Artículo two44
The judicial authority may grant the emancipation of children over sixteen if they ask for it and prior hearing of the parents:
Artículo two45
The Judicial Authority may also, after a report by the Prosecutor's Office, grant the benefit of the elderly to the subject to protection over sixteen who will request it.
Artículo two46
The legal age can perform all acts of civil life, except for the exceptions established in special cases by this code.
Artículo two47
Emancipation enables the child to govern his person and goods as if he were older;But until it reaches the older age, the emancipated may not take money on loan, tax or dispose.
The emancipated minor can only appear in trial.
The provisions of this article are also applicable to the minor that the benefit of the elderly has obtained judicially.
Artículo two48
So that the minor married can dispose of real estate, commercial establishments or objects of extraordinary value that are common, it is enough, if the other spouse is greater, the consent of the two;If it is also less, that of parents or judicial defender of one and the other will be needed."
«Title XIDE The support measures to people with disabilities for the exercise of their legal capacity
Chapter General Idispositions
Artículo two49
The support measures to emancipated minors or minors who need them for the proper exercise of their legal capacity will have the purpose of allowing full development of their personality and their legal development in conditions of equality.These support measures must be inspired by respect for the dignity of the person and the protection of their fundamental rights.Those of legal or judicial origin will only proceed in the absence or insufficiency of the will of the person in question.All of them must adjust to the principles of necessity and proportionality.
People who provide support must act according to the will, desires and preferences of who requires it.They will also ensure that the person with disabilities can develop their own decision -making process, informing it, helping it in their understanding and reasoning and facilitating that they can express their preferences.They will also encourage the person with disabilities to exercise their legal capacity with less support in the future.
In exceptional cases, when, despite having made considerable effort, it is not possible to determine the will, desires and preferences of the person, support measures may include representative functions.In this case, in the exercise of these functions, the vital trajectory of the person with disabilities, their beliefs and values must be taken into account, as well as the factors that she would have taken into consideration, in order to make the decision she would have adoptedThe person in case of not requiring representation.
The judicial authority may issue the safeguards that it deems appropriate in order to ensure that the exercise of support measures adjusts to the criteria resulting from this precept and, in particular, attend to the will, desires and preferences of the person who requires them.
Artículo two50
The support measures for the exercise of the legal capacity of the people who need it are, in addition to those of a voluntary nature, the factual guard, the curatela and the judicial defender.
The function of support measures will consist of attending the person with disabilities in the exercise of their legal capacity in the fields in which it is necessary, respecting their will, desires and preferences.
The voluntary support measures are those established by the person with disabilities, in which he designates who should provide support and with what scope.Any voluntary support measure may be accompanied by the necessary safeguards to guarantee at all times and before any circumstances respect for the will, desires and preferences of the person.
The factual guard is an informal support measure that can exist when there are no voluntary or judicial measures that are effectively applied.
The curatela is a formal support measure that will apply to those who need support continuously.Its extension will be determined in the corresponding judicial resolution in harmony with the situation and circumstances of the person with disabilities and with their support needs.
The appointment of judicial defender as a formal support measure will proceed when the need for support is required occasionally, even if it is recurring.
When determining support measures, situations in which conflicts of interest or improper influence can be produced will be taken.
They may not exercise any of the support measures who, by virtue of a contractual relationship, provide care, residential or nature analogous to the person who requires support.
Artículo two51
Whoever performs some support measure is prohibited:
In voluntary support measures these prohibitions will not apply when the grantor has expressly excluded them in the document of constitution of said measures.
Artículo two5two
The one that has free assets in favor of a person in need of support may establish the rules of administration and disposition of those, as well as designate the person or persons to whom said faculties are entrusted.The powers not conferred to the administrator will correspond to the favored by the provision of the goods, which will exercise them, where appropriate, with the support that proceeds.
They may also establish the control or supervision bodies that are deemed convenient for the exercise of the powers conferred.
Artículo two53
When a person is in a situation that requires support for the exercise of their legal capacity urgently and lacks a de fact.The entity will aware of the situation to the Fiscal Ministry within twenty -four hours.
CHAPTER IIDE Voluntary support measures
SECTION 1 GENERAL DISPOSITIONS
Artículo two54
When reasonably foreseen in the two years prior to the age of majority that a minor subject to parental authority or guardiansminor, of the parents, of the tutor or the Fiscal Ministry, if necessary, the origin of the adoption of the corresponding support measure for when the minority of age ends.These measures will be adopted if the oldest of sixteen has not made their own forecasts for when it reaches the age of majority.In another case, the child will be participated in the process, attending to his will, desires and preferences.
Artículo two55
Any person of legal age emancipated in forecast or appreciation of the concurrence of circumstances that may hinder the exercise of their legal capacity on equal terms with others, may provide or agree on public deed supporting support measures regarding your person or property.
Podrá también establecer el régimen de actuación, el alcance de las facultades de la persona o personas que le hayan de prestar apoyo, o la forma de ejercicio del apoyo, el cual se prestará conforme a lo dispuesto en el artículo two49.
Likewise, it may provide for the measures or control bodies that it deems appropriate, the necessary safeguards to avoid abuse, conflict of interest or undue influence and the mechanisms and terms of review of support measures, in order to guarantee respect for their will, wishes and preferences.
The authorizing notary will communicate ex officio and without delay the public document containing the support measures to the Civil Registry for proof in the individual registry of the grantor.
Only in the absence or in insufficiency of these measures of a voluntary nature, and in the absence of fact that it involves sufficient support, the judicial authority may adopt other supplementary or complementary.
Sección twoDe los poderes y mandatos preventivos
Artículo two56
The editor may include a clause that stipulates that power subsists if in the future requires support in the exercise of its capacity.
Artículo two57
The power may grant power only for the assumption that in the future requires support in the exercise of its capacity.In this case, to prove that the situation of need for support will occur will be at the forefront forecasts.To guarantee compliance with these forecasts, it will be granted, if necessary, notarial certificate that, in addition to the notary's trial, incorporates an expert report in the same direction.
Artículo two58
The powers referred to by the previous articles will keep their validity despite the constitution of other support measures in favor of the power, whether they have been established judicially as if they have been provided by the interested party himself.
When they have been granted in favor of the spouse or the de facto -dating couple, the cessation of coexistence will produce its automatic extinction, unless the opposite will of the grantor or that the cessation is determined by the internment of this.
The appointment may establish, in addition to the powers that it grants, the measures or control bodies that it deems appropriate, conditions and instructions for the exercise of the faculties, safeguards to avoid abuse, conflict of interest or undue influence and the mechanisms and terms of reviewof support measures, in order to guarantee respect for their will, desires and preferences.May also provide for specific forms of extinction of power.
Any person legitimized to urge the support procedure and the curator, if any, may judicially request the extinction of the preventive powers, if in the attorney any of the causes provided for the removal of the curator concurs, unless the power of the editor would haveI planned something else.
Artículo two59
When the power contains a subsistence clause in the event that the power person requires support in the exercise of its capacity or is granted only for that assumption and, in both cases, understand all the businesses of the grantor, the attorney, the situation of necessity arisesSupport, it will be subject to the rules applicable to the curatela in all that not provided for in power, unless the power has determined something else.
Artículo two60
The preventive powers referred to in the previous articles will have to be granted in public deed.
The authorizing notary will communicate them ex officio and without delay to the Civil Registry for proof in the individual registration of the editor.
Artículo two61
The exercise of representative faculties will be personal, without prejudice to the possibility of entrusting the realization of one or more specific acts to third parties.Those faculties that have as its purpose the protection of the person will not be delegable.
Artículo two6two
The provisions of this chapter will also apply to the case of mandate without power.
Chapter III of the de facto guard of people with disabilities
Artículo two63
Who comes properly exercising the fact of a person with disabilities will continue in the performance of their function even if there are voluntary or judicial support measures, provided that these are not effectively applying.
Artículo two64
When, exceptionally, the representative action of the guardian in fact is required, this will have to obtain authorization to perform it through the corresponding voluntary jurisdiction file, in which the person with disabilities will be heard.Judicial authorization to act as a representative may be granted, after verifying their need, in the terms and with the appropriate requirements to the circumstances of the case.The authorization may understand one or several acts necessary for the development of the support function and must be exercised in accordance with the will, desires and preferences of the person with disabilities.
En todo caso, quien ejerza la guarda de hecho deberá recabar autorización judicial conforme a lo indicado en el párrafo anterior para prestar consentimiento en los actos enumerados en el artículo two87.
Judicial authorization will not be necessary when the guardian requests an economic benefit in favor of the person with disabilities, provided that it does not imply a significant change in the person's life, or perform legal acts on assets of this that have little relevance economic relevanceand lack special personal or family meaning.
The judicial authority may agree on the appointment of a judicial defender for those matters that by their nature demand it.
Artículo two65
Through a voluntary jurisdiction file, the judicial authority may require the guardian at any time, ex officio, at the request of the Fiscal Ministry or at the request of any interested party, to report his action, and establish the safeguards he deems necessary.
It may also demand that the guardian give accounts of his performance at any time.
Artículo two66
The guardian has the right to reimburse the justified expenses and compensation for the damages derived from the guard, in charge of the assets of the person to whom he provides support.
Artículo two67
The guard is extinguished:
CHAPTER IVDE LA CURATELA
SECTION 1 GENERAL DISPOSITIONS
Artículo two68
The measures taken by the judicial authority in the procedure for providing support will be provided to the needs of the person who requires them, will always respect the maximum autonomy of this in the exercise of their legal capacity and will attend in any case their will, wishes, wishesand preferences.
The support measures adopted will be reviewed periodically within a maximum period of three years.However, the judicial authority may, in an exceptional and motivated way, in the provision procedure or, where appropriate, of support of support, establish a period of higher review that may not exceed six years.
Without prejudice to the foregoing, the support measures adopted judicially will be reviewed, in any case, given any change in the situation of the person that may require a modification of said measures.
Artículo two69
The Judicial Authority will constitute the curattlement by means of a motivated resolution when there is no other measure of sufficient support for the person with disabilities.
The Judicial Authority will determine the acts for which the person requires assistance of the curator in the exercise of his legal capacity attending to his concrete support needs.
Only in exceptional cases in which it is essential by the circumstances of the person with disabilities, the judicial authority will determine in motivated resolution the specific acts in which the curator will have to assume the representation of the person with disabilities.
The acts in which the curator must provide support must be set precisely, indicating, where appropriate, what are those where the representation must exercise. El curador actuará bajo los criterios fijados en el artículo two49.
In no case may the judicial resolution include the mere deprivation of rights.
Artículo two70
The judicial authority will establish in the resolution that constitutes the curatela or in another later the control measures that it deems appropriate to guarantee respect for the rights, will and preferences of the person who requires support, as well as to avoid abuses,conflicts of interest and undue influence.You may also demand at any time the curator who, within the scope of their functions, report on the personal or patrimonial situation of that.
Without prejudice to the periodic reviews of these resolutions, the Prosecutor's Office may at any time collect the information it deems necessary in order to guarantee the proper functioning of the curatela.
Sección twoDe la autocuratela y del nombramiento del curador Subsección 1.ª de la Autocurela
Artículo two71
Any person of legal age emancipated, in anticipation of the concurrence of circumstances that may make it difficult toThe exercise of the curator function.
You may also establish provisions on the operation and content of the curatela and, especially, on the care of your person, rules of administration and disposition of your property, remuneration of the curator, obligation to make inventory or its dispensation and surveillance and control measures, as well as propose to people who have to carry them out.
Artículo two7two
The appointment proposal and other voluntary provisions referred to in the previous article will link to the judicial authority by constituting the curatela.
However, the Judicial Authority may assess totally or partially of those voluntary provisions, ex officio or at the request of the persons called by law to exercise the curatela or the Fiscal Ministry and, always by motivated resolution, if there are serious circumstances unknown by the person whoestablished or alteration of the causes expressed by it or that presumably took into account in its provisions.
Artículo two73
If, when establishing the self -ATLE, the appointment of substitutes for the curator is proposed and the order of the substitution is not specified, the one proposed in the subsequent document will be preferred.If several are proposed in the same document, the proposed first will be preferred.
Artículo two74
It can be delegated to the spouse or in another person the choice of the curator among those related in public deed by the interested person.
Subsección twoDel nombramiento del curador
Artículo two75
1.The persons of legal age may be curators who, in the opinion of the judicial authority, are suitable for the proper performance of their function.
Likewise, foundations and other non -profit, public or private legal entities may be curators, whose purposes are the promotion of autonomy and assistance to people with disabilities.
two.They cannot be curators:
3.The judicial authority may not appoint curator, except for duly motivated exceptional circumstances, to the following people:
Artículo two76
La autoridad judicial nombrará curador a quien haya sido propuesto para su nombramiento por la persona que precise apoyo o por la persona en quien esta hubiera delegado, salvo que concurra alguna de las circunstancias previstas en el párrafo segundo del artículo two7two. La autoridad judicial estará también a lo dispuesto en el artículo two75.
In the absence of such a proposal, the judicial authority will appoint a curator:
The Judicial Authority may alter the order of the previous section, once the person who requires support is heard.
When, once heard, his will will not be clear, the judicial authority may alter the legal order, naming the most suitable person to understand and interpret their will, desires and preferences.
Artículo two77
The appointment of more than one curator can be proposed if the will and needs of the person who requires the support is justified.In particular, those of the person and curator of the goods can be separated as different charges.
When the curatela is entrusted to several people, the judicial authority will establish the mode of operation, respecting the will of the person who needs the support.
Artículo two78
Those who, after the appointment, incur a legal cause of disability, or are misunderstanding their performance for breach of the duties of the position, will be removed from the curate.serious and continuous coexistence problems with the person to whom they provide support.
The judicial authority, ex officio or at the request of the person in whose favor the support or the Fiscal Ministry was established, when he knows for himself or through any interested circumstances that compromise the correct performance of the curatela, may decree the removal of the curator by file by fileof voluntary jurisdiction.
During the processing of the removal file, the judicial authority may suspend the curator in their functions and, if necessary, will agree on the appointment of a judicial defender.
Declared judicially the removal, the appointment of a curator will be appointed in the manner established in this Code, unless other measure of support was relevant.
Artículo two79
The performance of the curatela will be excusable if it is excessively burdensome or seriously involves difficulty for the person appointed for the exercise of the position.The curator can also be excused to continue exercising the curatela when during his performance the reasons for excuse.
Private legal persons may excuse themselves when they lack sufficient means for the proper performance of the curatela or the conditions of curatela exercise are not consistent with their statutory purposes.
The interested party who alleges cause of excuse must do so within fifteen days from the time he had knowledge of the appointment.If the cause were overtime you can do it at any time.
While the judicial authority resolves about the excuse, the appointed will be obliged to exercise its function.If he did not do so and a support action is necessary, a judicial defender will be appointed to replace the curator, being the replaced responsible for the expenses caused by the excuse, if it were rejected.
Admitted the excuse, the appointment of a curator will proceed.
Artículo two80
The curator appointed in attention to a testamentary disposition that excuses himself from the curate for any reason, will lose what in consideration of the appointment has left the testator.
Artículo two81
The curator has the right to compensation, provided that the patrimony of the person with disabilities allows, as well as the reimbursement of the justified expenses and the compensation of the damages suffered without guilt on the other hand in the exercise of their function, quantities that will besatisfied with said heritage.
It corresponds to the judicial authority to set its amount and the way of receiving it, for which it will take into account the work to be carried out and the value and profitability of the goods.
In no case, the admission of an excuse cause or the decision to remoxThe necessary collaboration of the calls to it, or, of not being able to have these, with the inexcusable collaboration of the competent public bodies or entities and the Fiscal Ministry.
There will be no cause of excuse when the performance of the support has been entrusted to a public entity.
Section 3 of the curatela exercise
Artículo two8two
The curator will take possession of his position before the lawyer of the administration of justice.
Once in the exercise of the curatela, it will be obliged to maintain personal contact with the person who will support and perform the functions entrusted with due diligence.
The curator will assist the person who provides support in the exercise of his legal capacity respecting his will, desires and preferences.
The curator will ensure that the person with disabilities can develop their own decision -making process.
The curator will try to promote the skills of the person to whom he provides support, so that he can exercise his capacity with less support in the future.
Artículo two83
When who performs the curatela is temporarily prevented in a specific case, or when there is an occasional conflict of interest between him and the person to whom he provides support, the lawyer of the Administration of Justice will appoint a judicial defender who replaces him.For this appointment, the person who requires support will be heard and their will, wishes and preferences will be respected.
If, in the case provided for in the previous paragraph, there were several curators with homogeneous functions, these will be assumed by those who are not affected by the impediment or conflict of interests.
If the situation of impediment or conflict is prolonged or repeated, the ex officio judicial authority, at the request of the Fiscal Ministry, of any legitimated person to urge the procedure for providing support or any person who is performing the curate and prior hearing to thePerson with disabilities and the Fiscal Ministry, may reorganize the operation of the curatela, and even proceed to appoint a new curator.
Artículo two84
When the judicial authority considers it necessary to attend exceptional reasons, the Bail Constitution may require the curator to ensure compliance with its obligations and determine the modality and amount of the same.Once constituted, the bond will be subject to judicial approval.
At any time the judicial authority may modify or leave the guarantee that would have been provided.
Artículo two85
The curator with representative powers will be obliged to inventory of the heritage of the person in whose favor the support has been established within the period of sixty days, from that in which he had taken possession of his position.
The inventory will be formed before the lawyer of the Administration of Justice, with the citation of the people he deems appropriate.
The lawyer of the administration of justice may extend the period provided for in the first paragraph if it attends the cause for it.
The money, jewelry, precious objects and transferable values or documents that, in the opinion of the lawyer of the administration of justice, should not be held by the curator will be deposited in an establishment for this purpose.
The expenses that the previous measures will cause in charge of the assets of the person in whose support the curatela has been established.
Artículo two86
In the event that the curator does not include in the inventory the credits he has against the person he provides support, it will be understood that he renounces them.
Artículo two87
The curator who exercises representation functions of the person who requires support needs judicial authorization for the acts determined by the resolution and, in any case, for the following:
Artículo two88
The judicial authority, when it considers it appropriate to guarantee the will, desires and preferences of the person with disabilities, may authorize the curator to carry out a plurality of acts of the same nature or referred to the same economic activity, specifying the circumstances and characteristics and characteristicsfundamental of these acts.
Artículo two89
The inheritance partition or the division of common thing carried out by the representative curator will not need judicial authorization, but once practiced they will require judicial approval.If a judicial defender had been appointed for the partition, he must also obtain the judicial approval, unless otherwise made by making the appointment.
Artículo two90
Before authorizing or approveing any of the acts included in the previous articles, the judicial authority will hear the Fiscal Ministry and the person with support measures and will collect the reports that are requested or deemed pertinent.
Section 4 of the extinction of the curatela
Artículo two91
The curatela is extinguished full for the death or declaration of death of the person with support measures.
Likewise, the curatela is extinguished by judicial resolution when this support measure is no longer accurate or when a more appropriate form of support is adopted for the person subject to curatela.
Artículo two9two
The curator, without prejudice to the obligation of periodic accountability that the judicial authority has imposed in his case, when ceasing his functions he must render before it the justified general account of his administration within three months, extendable by thetime that is necessary if just cause concurs.
The action to demand the surrender of this account prescribes at age five, counted from the termination of the established period to carry out it.
Before resolving about the approval of the account, the judicial authority will also hear in his case the new curator, to the person to whom support was provided, or his heirs.
The judicial approval of the accounts will not prevent the exercise of the actions that can reciprocally assist the curator and the person with disabilities who receives support or their beneficiaries due to the curate.
Artículo two93
The necessary expenses of accountability will be in charge of the heritage of the person to whom support was provided.
The balance of the general account will accrue the legal interest, for or against the curator.If the balance is in favor of the curator, the legal interest will be accrued from the requirement for the payment, after restitution of the assets to its owner.If it is against the curator, the legal interest will accrue once the three months after the approval of the account has elapsed.
Artículo two94
The curator will respond to the damages that would have caused by guilt or negligence to the person he provides support.
The action to claim this responsibility prescribes at three years from the final accountability.
Chapter V of the Judicial Defender of the person with disabilities
Artículo two95
A judicial defender of people with disabilities will be appointed in the following cases:
Once the person with disabilities has heard, the judicial authority will appoint judicial defender who is more ideal to respect, understand and interpret the will, desires and preferences of that.
Artículo two96
Judicial defender will not be appointed if the support has been entrusted to more than one person, unless none can act or the judicial authority motivatedly considers the appointment necessary.
Artículo two97
The causes of disability, excuse and removal of the curator will be applicable to the judicial defender, as well as the obligations attributed to knowing and respecting the will, desires and preferences of the person to whom support is provided.
Artículo two98
In the appointment, the judicial defender of the sale in public auction can be dispensed, setting a minimum price, and the subsequent judicial approval of the acts.
The judicial defender, once his management has been carried out, must give account of it.
Chapter Viesponsability for damage caused to other
Artículo two99
The person with disabilities will respond for the damage caused to others, in accordance with Chapter II of Title XVI of the Fourth Book, without prejudice to the provisions of extra -contractual responsibility with respect to other possible responsible responsible."
LE0000013389_two0two10903«Title XII Common Provisions
Article 300
Judicial resolutions and notarial public documents on guardians and support measures to people with disabilities will have to register in the Civil Registry."
LE0000013389_two0two10903«Every person can acquire possession of things.
Minors need the assistance of their legitimate representatives to use the rights that are born in their favor.
People with disabilities in whose favor support measures have been established can use the rights derived from possession according to what results from these."
LE0000013389_two0two10903«They cannot test:
LE0000013389_two0two10903«The person with disabilities may grant testament when, in the opinion of the notary, he can understand and express the scope of his provisions.The notary will ensure that the person granting develops their own decision -making process by supporting him in his understanding and reasoning and facilitating, with the necessary adjustments, that he can express his will, desires and preferences."
LE0000013389_two0two10903«The testator will express orally, in writing or through any technical, material or human means his last will to the notary.Written by this the will in accordance with it and with expression of the place, year, month, day and time of its granting and warned the testator of the right that has to read it by itself, the notary will read at high voice so that the testator will expressIf you are satisfied with your will.If it were, it will be signed on the spot by the testator who can do it and, where appropriate, for witnesses and other people who must attend.
If the testator declares that he does not know or cannot sign, he will do it for him and to his plea one of the witnesses.
When the testator has difficulty or impossibility of reading the will or to hear the reading of its content, the notary will ensure, using the appropriate technical, material or human means, that the testator has understood the necessary information and explanations and that he knowsthat the will faithfully collects its will."
LE0000013389_two0two10903«If you were written by any technical means or by another person at the request of the testator, this will put your signature in all its leaves and at the foot of the will.If the testament has been written in electronic support, it must be signed with a recognized electronic signature."
LE0000013389_two0two10903«They cannot make a closed will who do not know or cannot read.
People with visual disabilities may grant it, using mechanical or technological means that allow them to write and read it, provided that the remaining validity requirements established in this code are observed."
LE0000013389_two0two10903«Las personas que no puedan expresarse verbalmente, pero sí escribir, podrán otorgar testamento cerrado, observándose lo siguiente:"
«People with visual disabilities, when presenting the will, must have expressed on the deck, by mechanical or technological means that allow themis signed by them."
LE0000013389_two0two10903«The testament will be, however, valid when the damage has occurred without will or knowledge of the testator or being affected by serious alterations in his mental health;But if the roof or broken the stamps appears broken, it will be necessary to also test the authenticity of the will for its validity."
LE0000013389_two0two10903«Nor will the testamentary disposition in favor of who is a tutor or curator representative of the testator, except when it has been done after the extinction of the guardianship or curatela.
The provision made by the persons who are admitted for health or assistance reasons will be void, in favor of their caregivers who are holders, administrators or employees of the public or private establishment in which they were admitted.The provision made in favor of the aforementioned establishments will also be void.
Other natural persons who provide care services, welfare or in nature analogous to the deceased, can only be favored in the succession of this if it is ordered in open notarial testament.
However, the provisions made in favor of the tutor, curator or caregiver who is a relative to happen AB intestate will be valid."
LE0000013389_two0two10903«Also the private by firm resolution of parental rights, or removed from the exercise of the guardianship or family care of a minor or the exercise of the curatela of a person with disabilities because it is attributable to him, with respect to the inheritance of the same."
«7.º Tratándose de la sucesión de una persona con discapacidad, las personas con derecho a la herencia que no le hubieren prestado las atenciones debidas, entendiendo por tales las reguladas en los artículos 14two y 146 del Código Civil."
LE0000013389_two0two10903«Trust substitutions may never tax the legitimate one, except when established, in the terms established in article 808, for the benefit of one or several children of the testator who are in a disability situation.
If the trust substitution falls on the third for improvement, it can only be established in favor of the descendants."
LE0000013389_two0two10903«They constitute the legitimate of the children and descendants two thirds of the hereditary of the parents.
However, they may have a part of the two that form the legitimate, to apply it as improvement to their children or descendants.
The remaining third will be free.
When some or several of the legitimaries are in a disability situation, the testator may arrange in his favor of the legitimate strict of the other legitimacy without disabilities.In this case, unless contrary provision of the testator, so received by the benefited child, it will be taxed with a trustworthMortis Causa.
When the testator has made use of the faculty granted by the previous paragraph, it will correspond to the child who challenges the lien of his legitimate strict accredit that he does not concur cause that justifies it."
LE0000013389_two0two10903«Tampoco podrá imponer sobre ella gravamen, ni condición, ni sustitución de ninguna especie, salvo lo dispuesto en cuanto al usufructo del viudo y lo establecido en los artículos 78two y 808."
LE0000013389_two0two10903«The donation or legacy of a room right over the habitual housing that its owner does in favor of a legitimary who is in a disability situation, will not be computed for the calculation of the legitimate ones if at the time of death they are both living together in her.
This right of room will be attributed by the Ministry of the Law under the same conditions to the legitimary that is in the situation provided for in the previous paragraph, which needs it and that it was living with the deceased, unless the testator had arranged something else orI would have expressly excluded it, but its holder may not prevent them from continuing to live together while they need it."
LE0000013389_two0two10903«The acceptance of the inheritance by the person with disabilities will be provided by this, unless something else results from the established support measures."
LE0000013389_two0two10903«The expenses of food, education, healing of diseases will not be subject to collation, even if they are extraordinary, learning, or custom gifts.
Nor will the expenses made by the parents and ascendants to meet the special needs of their children or descendants required for their disability situation be subject to collation."
LE0000013389_two0two10903«Any coheir that has the free administration and disposition of its assets can request at any time the partition of the inheritance.His legal representatives will do it if the coheir is in a situation of absence.If the Coheir has support measures due to disability, what is available in these will be available."
LE0000013389_two0two10903«The provisions of this article and in the previous one will be observed even if there is some subject to parental authority or guardianship among the coheibers;But the accountant-partner must in these cases invent the assets of the inheritance, with the citation of the legal representatives of said persons.
If the coheir had arranged support measures, the established in them will be."
LE0000013389_two0two10903«When minors are legally represented in the partition, intervention or judicial authorization will not be necessary, but the tutor will need judicial approval of the already carried out.The judicial defender designated to represent a minor in a partition, must obtain the approval of the judicial authority, if the lawyer of the administration of justice would have not arranged anything else when making the appointment.
Nor will judicial intervention or intervention be necessary in the partition made by the curator with faculties of representation.The partition once practiced will require judicial approval.
The partition made by the judicial defender designated to act in the partition on behalf of a minor or a person in whose favor support measures will have been established, will need judicial approval, unless otherwise made by making the appointment when making the appointment."
LE0000013389_two0two10903«The payment made to a minor will be valid as soon as its usefulness has become.This rule will also be applicable to payments made to a person with disabilities with established support measures to receive it and act without said support, in case the debtor or the person who makes the payment knew about the existence of support measures in support inThe moment of hiring or would have taken advantage of the disability situation by obtaining an unfair advantage of it."
LE0000013389_two0two10903«Non -emancipated minors may enter into those contracts that the laws allow them to carry out for themselves or with the assistance of their representatives and those related to goods and services of the current life of their age in accordance with social uses."
LE0000013389_two0two10903"1.º Los contratos que hubieran podido celebrar sin autorización judicial los tutores o los curadores con facultades de representación, siempre que las personas a quienes representen hayan sufrido lesión en más de la cuarta parte del valor de las cosas que hubiesen sido objeto de aquellos."
LE0000013389_two0two10903«For minors subject to guardianship, for people with disabilities provided with support measures that establish powers of representation and for absent, the four years will not begin to be computed until the guardianship or representative measure of support is extinguished, or cessationThe legal absence situation."
LE0000013389_two0two10903«The nullity action will expire at four years.That time will start running:
LE0000013389_two0two10903"1. They can exercise the action of nullity of the contracts the main or subsidiarily obliged by virtue of them.
two. Contracts concluded by minors may be annulled by their legal representatives or by them when they reach the age of majority.Those who may validly celebrate themselves are excepted.
3. The contracts concluded by people with disabilities provided with support measures for the exercise of their ability to hire regardless of such measures when they were precise, may be annulled by them, with the support they need.They may also be annulled by their heirs during the time to complete the deadline, if the person with disabilities has died before the course of the time in which he could exercise the action.
The contracts mentioned in the previous paragraph may also be annulled by the person to whom it had to provide support.In this case, the cancellation will only proceed when the other contractor was aware of the existence of support measures at the time of hiring or would have taken advantage of the other way of the disability situation by obtaining an unfair advantage from it.
4. The contractors may not claim the minority of age or the lack of support of the one they hired;nor those who caused intimidation or violence or used the intent or produced the error, may found their action on these vices of the contract."
LE0000013389_two0two10903«When the nullity comes from the minority of age, the minor contractor will not be obliged to restore except as it was enriched with the benefit received.This rule will be applicable when the nullity comes from having to dispense with the established support measures when they were precise, provided that the contractor with the right to restitution was aware of the existence of support measures at the time of hiring or had taken advantage ofAnother mode of the disability situation obtaining from it an unfair advantage."
LE0000013389_two0two10903«The action of nullity of the contracts will also be extinguished when the thing, the object of these, would have been lost by intent or guilt that could exercise that.
If the cause of the action were the minority of any of the contracting parties, the loss of the thing will not be an obstacle for the action to prevail, unless it had occurred by intent or guilt of the claimant after having reached the age of majority.
If the cause of the action was to have dispensed with the disabilities of the established support measures when they were precise, the loss of the thing will not be an obstacle for the action to prevail, provided that the other contractor was aware of the existence of measures of measuressupport at the time of hiring or would have taken advantage of the disability situation obtaining an unfair advantage of it."
LE0000013389_two0two10903«The administration and disposition of the property of the Society of Ganage will be transferred by the Ministry of the Law to the spouse appointed curator of its consort with disabilities, when they have been attributed powers of full representation."
LE0000013389_two0two10903"1.º Si respecto del otro cónyuge se hubieren dispuesto judicialmente medidas de apoyo que impliquen facultades de representación plena en la esfera patrimonial, si hubiere sido declarado ausente o en concurso, o condenado por abandono de familia.In order for the judicial authority to agree on the dissolution, it will suffice that the spouse that is requested in the corresponding judicial resolution."
LE0000013389_two0two10903"1.º Those who hold the position of tutor or support functions, the assets of the person or people to whom."
LE0000013389_two0two10903«The parents or guardians, with respect to the assets of the minors, and the administrators of goods that do not have special power, will not be able to lease things by term that exceeds six years."
LE0000013389_two0two10903"3.º Por muerte o concurso de cualquiera de los socios y en el caso previsto en el artículo 1699."
"5.º Cuando respecto de alguno de los socios se hubieren dispuesto medidas de apoyo que impliquen facultades de representación plena en la esfera patrimonial.
Except for the provisions of numbers 3.º, 4.º and 5.º Of this article The companies referred to in article 1670, in cases where it must subsist according to the Commercial Code."
LE0000013389_two0two10903«The mandate ends:
LE0000013389_two0two10903«The deposit made by a minor or by person with disabilities without the support measure will link the depositary to all the obligations that are born from the deposit contract."
LE0000013389_two0two10903«If the deposit has been made in a minor, the depositor will only have action to claim the deposited thing while there is a depositary, or that he pays him the amount in which he had enriched himself with the thing or with the price.This rule will also be applicable when the deposit has been made in a person with disabilities that has dispensed with the planned support measures when they were precise and the depositor was aware of the existence of support measures at the time of hiring orotherwise taken advantage of the disability situation obtaining from it an unfair advantage."
LE0000013389_two0two10903«When the depositor, after making the deposit, will have support measures, the return of the deposit will adjust to what results from those."
LE0000013389_two0two10903«The tutor and the curator with faculties of representation will need judicial authorization to compromise on issues related to the interests of the person whose representation holds, unless it is matters of low relevance economic relevance."
LE0000013389_two0two10903«The tutors are of the damages caused by the minors who are under their authority and inhabit their company.
The curators with full faculties of representation are of the damages caused by the person to whom they provide support, provided they live with it."
LE0000013389_two0two10903«The reference to the disability that takes place in articles 96, 756 number 7.º, 78two, 808, 8twotwo y 1041, se entenderá hecha al concepto definido en la Ley 41/two003, de 18 de noviembre, de protección patrimonial de las personas con discapacidad y de modificación del Código Civil, de la Ley de Enjuiciamiento Civil y de la Normativa Tributaria con esta finalidad, y a las personas que están en situación de dependencia de grado II o III de acuerdo con la Ley 39/two006, de 14 de diciembre, de Promoción de la Autonomía Personal y Atención a las personas en situación de dependencia.
For the purposes of the other precepts of this Code, unless something else results from the diction of the article in question, any reference to the disability must be understood to that which requires the provision of support measures for the exercise oflegal capacity."
LE0000013389_two0two10903Third article modification of the Mortgage Law, approved by Decree of February 8, 1946
The mortgage law is modified as follows:
Artículo cuarto Modificación de la Ley 1/two000, de 7 de enero, de Enjuiciamiento Civil
La Ley 1/two000, de 7 de enero, de Enjuiciamiento Civil queda modificada como sigue:
LE00000two5866_two0two10903"5.º En los juicios en que se ejerciten acciones relativas a las medidas judiciales de apoyo de personas con discapacidad será competente el Tribunal del lugar en que resida la persona con discapacidad, conforme se establece en el apartado 3 del artículo 756."
LE00000two5866_two0two10903"3. Cuando la autenticidad de resoluciones, documentos, dictámenes o informes presentados o transmitidos por los medios a que se refiere el apartado anterior solo pudiera ser reconocida o verificada mediante su examen directo o por otros procedimientos, podrán, no obstante, ser presentados en soporte electrónico mediante imágenes digitalizadas de los mismos, en la forma prevista en los artículos two67 y two68 de esta Ley, si bien, en caso de que alguna de las partes, el Tribunal en los procesos de familia, provisión de medidas judiciales de apoyo o filiación, o el Ministerio Fiscal, así lo solicitasen, habrán de aportarse aquellos en su soporte papel original, en el plazo o momento procesal que a tal efecto se señale."
LE00000two5866_two0two10903«In the sentences on civil status, marriage, affiliation, paternity, maternity and support measures for the exercise of legal capacity, the thing judged will have effects against all from its registration or annotation in the Civil Registry."
LE00000two5866_two0two10903«De los procesos sobre provisión de medidas judiciales de apoyo a las personas con discapacidad, filiación, matrimonio y menores"
LE00000two5866_two0two10903"1.º Los que versen sobre la adopción de medidas judiciales de apoyo a personas con discapacidad."
LE00000two5866_two0two10903«Article 749 Intervention of the Fiscal Ministry
1. In the processes on the adoption of judicial measures to support persons with disabilities, in those of marriage nullity, in those of international subtraction of minors and in those of determination and challenge of the affiliation, the Fiscal Ministry will always be part, although notIt has been promoter of them nor should, according to the law, assume the defense of any of the parties.
The Fiscal Ministry will ensure throughout the procedure due to the safeguard.
two. In the other processes referred to in this title, the intervention of the Fiscal Ministry will be mandatory, provided that some of those interested in the procedure is less, person with disabilities or in a situation of legal absence."
LE00000two5866_two0two10903"1.º En los procesos que se refieran a filiación, paternidad y maternidad, siempre que no existan menores, personas con discapacidad con medidas judiciales de apoyo en las que se designe un apoyo con funciones representativas o ausentes interesados en el procedimiento."
LE00000two5866_two0two10903"1. Unless otherwise provided, the processes referred to in this title will be substantiated by the verbal trial procedures.The lawyer of the Administration of Justice will transfer the claim to the Prosecutor's Office, where appropriate, and to the other persons who, in accordance with the law, must be part of the procedure, have been demanded or not, locating them to answer it in theterm of twenty days, in accordance with the provisions of article 405."
"3. The processes referred to in this title will be of preferential process provided that some of those interested in the procedure is less, person with disabilities with judicial support measures in which support is designated with representative functions, or is in a situation of absencelegal."
LE00000two5866_two0two10903«Article 755 Access from sentences to public records
The lawyer of the administration of justice will agree that the sentences and other resolutions issued in the procedures referred to in this title are communicated ex officio to the civil records for the practice of the corresponding seats.
At the request of the party, the Property Registry, the Mercantile Registry, the Registry of Movable Property or any other Public Registry will also be communicated for the purposes that correspond in each case.In the case of support measures, communication will be done only at the request of the person in favor of which the support has been constituted."
LE00000two5866_two0two10903«Of the processes on the adoption of judicial measures to support people with disabilities."
LE00000two5866_two0two10903«Article 756 scope and competence
1. In the cases in which, in accordance with the applicable civil legislation, the appointment of curator is relevant and in the voluntary jurisdiction file aimed for this purpose, opposition has been formulated, or when the file could not be resolved, the adoption of measuresJudicial support for people with disabilities will be governed by the provisions of this chapter.
two. It will be competent to learn about the demands on the adoption of support measures to people with disabilities the judicial authority that he knew of the prior file of voluntary jurisdiction, unless the person referred to by the request changes after residence, in which caseIt will be the judge of first instance of the place where it is reside.
3. If before the celebration of the hearing there was a change of the usual residence of the person referred to in the process, the actions will be sent to the corresponding court in the state in which they are found."
LE00000two5866_two0two10903«Article 757 Legitimation and procedural intervention
1. The process for the judicial adoption of support measures to a person with disabilities can promote it by the interested person himself, his spouse not legally or legally separated or who is in an assimilable situation, his descendant, ascendant or brother.
two. The Fiscal Ministry must promote this process if the persons mentioned in the previous section did not exist or had not submitted the corresponding demand, unless concluding that there are other ways through which the interested person can obtain the supports that requires.
3. When with the demand, the beginning of the support provision procedure, the corresponding support measures and a specific curator, will be given to this transfer of that in order to claim what you consider convenient about said issue will be requested.
4. Legitimated persons to urge the process of adopting judicial support measures or accrediting a legitimate interest may intervene at their coast in the one already initiated, with the effects provided for in article 13."
LE00000two5866_two0two10903«Article 758 Registry certification and personation of the defendant
1. Admitted the law.
two. Once the claim was notified by remission or delivery, or by edicts when the interested person could not have been notified personally, if the period provided for the answer to the claim has elapsed, the interested person did not appear before the court with his own defense andRepresentation, the lawyer of the Administration of Justice will proceed to appoint a judicial defender, unless he was appointed or his defense corresponds to the Fiscal Ministry for not being the promoter of the procedure.Next, the judicial defender will be given a new period of twenty days to answer the claim if he considers it appropriate.
The lawyer of the administration of justice will carry out the necessary actions so that the person with disabilities understands the object, purpose and procedures of the procedure, in accordance with the provisions of article 7 bis."
LE00000two5866_two0two10903«Article 759 preceptive evidence in the first and second instance
1. En los procesos sobre adopción de medidas de apoyo a las que se refiere este Capítulo, además de las pruebas que se practiquen de conformidad con lo dispuesto en el artículo 75two, el Tribunal practicará las siguientes:
two. In cases where the lawsuit has been submitted by the person with disabilities, the Court may, upon request of this and exceptionally, not practice mandatory hearings, if it is more convenient for the preservation of their privacy.
3. When the appointment of curator was not proposed, on this issue the person with disabilities will be heard, the spouse not legally or legally separated or to whom he is in an assimilable fact, to his closest relatives and the other people that the courtconsider appropriate, also the provisions of the previous section being applied.
4. If the sentence that decides on the support measures is appealed, the practice of the preceptive evidence referred to in the previous sections of this article will also be ordered ex officio in the second instance."
LE00000two5866_two0two10903«Article 760 Judgment
The measures adopted by the judicial authority in the sentence must be in accordance with the provisions of this issue in the Civil Law norms that are applicable."
LE00000two5866_two0two10903«Article 761 Review of judicially adopted support measures
The measures contained in the judgment issued will be reviewed in accordance with the provisions of civil legislation, the procedures provided for this purpose in the Voluntary Jurisdiction Law must be followed.
In the event that opposition was produced in the voluntary jurisdiction file of review referred to in the previous paragraph, or if said file could not have been resolved, the corresponding contentious process must be urged in accordance with the provisions of this chapter, being able to promote itany of the persons mentioned in section 1 of article 757, as well as who exercises the support of the person with disabilities."
LE00000two5866_two0two10903«Artículo 76two Medidas cautelares
1. When the competent court is aware of the existence of a person in a disability situation that requires support measures, it will adopt ex officio those that it deems necessary for the adequate protection of that or its assets and will make the fact in the knowledge of the Fiscal Ministry forthat starts, if it estimates it, a voluntary jurisdiction file.
two. The Fiscal Ministry may also, in the same circumstances, request from the Court the immediate adoption of the measures referred to in the previous section.
Such measures may be adopted, ex officio or at the request of a party, in any state of the procedure.
3. Provided that the urgency of the situation does not prevent it, the measures referred to in the previous sections will be agreed upon the audience of people with disabilities.For this, the provisions of articles 734, 735 and 736 of this law will apply."
LE00000two5866_two0two10903«Article 765 Exercise of the shares corresponding to the youngest or child with disabilities that require support.Procedural succession
"1. The actions of determination or challenge of the affiliation that, in accordance with the provisions of civil legislation, correspond to the minor child, may be exercised by their legal representative or by the Fiscal Ministry, interchangeably, interchangeably.
If it is a person with disabilities with support measures for its exercise, these actions may be exercised by it, by whom the support provides and is expressly empowered for it or, failing that, by the Fiscal Ministry."
LE00000two5866_two0two10903"4.ª Las pruebas que no puedan practicarse en el acto de la vista se practicarán dentro del plazo que el Tribunal señale, que no podrá exceder de treinta días.
During this period, the Court may agree ex officio the evidence it deems necessary to verify the concurrence of the circumstances in each case required by the Civil Code to decree the nullity, separation or divorce, as well as those that refer to facts of which whichDepend the pronouncements on measures that affect minor children or the elderly with disabilities that require support, according to applicable civil legislation.
If the procedure is contentious and it is estimated necessary ex officio or at the request of the prosecutor, parties or members of the judicial technical team or of the children themselves, they may be heard when they are under twelve years, and must be heard in any case if they had reached said age.They will also have to be heard when they need support for the exercise of their legal capacity and this is provided by the parents, as well as the children with disabilities, when the use of family housing is discussed and they are using it.
In the hearings with the minor children or with the elderly with disabilities who need support for the exercise of their legal capacity, it will be guaranteed by the judicial authority that are carried out in ideal conditions for the safeguard of their interests, without interference from other people, and collectingExceptionally the help of specialists when necessary.""
«8.ª En los procesos matrimoniales en que existieran hijos comunes mayores de dieciséis años que se hallasen en situación de necesitar medidas de apoyo por razón de su discapacidad, se seguirán, en su caso, los trámites establecidos en esta ley para los procesos para la adopción judicial de medidas de apoyo a una persona con discapacidad."
LE00000two5866_two0two10903«two. In view of the application, the lawyer of the Administration of Justice will quote the spouses and, if there are minor children or children with disabilities with support measures attributed to their parents, to the Fiscal Ministry, to an appearance in which aagreement of the parties, which will indicate the lawyer of the administration of justice and that will be held in the next ten days.To this appearance must go to the defendant spouse assisted by his lawyer and represented by his attorney.
De esta resolución dará cuenta en el mismo día al Tribunal para que pueda acordar de inmediato, si la urgencia del caso lo aconsejare, los efectos a los que se refiere el artículo 10two del Código Civil y lo que considere procedente en relación con la custodia de los hijos y uso de la vivienda y ajuar familiares.Against this resolution there will be no appeal."
LE00000two5866_two0two10903"1. The Fiscal Ministry, having minor children or children with disabilities with support measures attributed to their parents and, in any case, the spouses, may request from the Court that agreed to the definitive measures, the modification of the measures agreed by the spouses or theadopted in absence of agreement, provided that the circumstances taken into account have varied substantially when approved or agreed."
LE00000two5866_two0two10903"5. If there were younger children or older children with disabilities and support measures attributed to their parents, the Court will collect the Fiscal Ministry's report on the terms of the agreement related to the children and will be heard when necessary ex officio or at the request of the prosecutor, parties or parties ormembers of the judicial technical team or the son itself.These actions will be practiced during the period referred to in the previous section or, if this had not been opened, within five days."
«8. The sentence that denies the separation or divorce and the car that agrees some measure that separates from the terms of the agreement proposed by the spouses may be appealed in appeal.The appeal against the car that decides on the measures will not suspend the effectiveness of these, nor will it affect the firmness of the sentence related to separation or divorce.
The sentence or the order that the proposal of an agreement can be fully approved may only be appealed, in the interest of minor children or for the safeparents, by the Fiscal Ministry."
"10. If the competence outside the lawyer of the administration of justice because there are no children with disabilities with support measures attributed to their parents or non -emancipated minors, immediately after the ratification of the spouses before the lawyer of the administration of justice, this will issue decreeruling on the regulatory agreement.
The decree that formalizes the proposal of the regulatory agreement will declare the separation or divorce of the spouses.
If he considered that, in his opinion, any of the agreements of the agreement could be harmful or seriously detrimental to one of the spouses or for emancipated older or minor children, will warn it to the grantors and will terminate the procedure.In this case, spouses may only go to the judge for the approval of the proposal of the regulatory agreement.
The decree will not be appealed."
LE00000two5866_two0two10903"4. The lawyer of the Administration of Justice will also conve.The representation of the Fiscal Ministry will cease once the minors are enabled as legal representative and, with respect to the absent, when they appear at the trial or can be cited personally, even if they are absent again."
LE00000two5866_two0two10903«Article 790 Assurance of the assets of the inheritance and the documents of the deceased
1. Provided that the Court has news of the death of a person and does not record the existence of a will, or ascendants, descendants or spouse of the deceased or person who is in an assimilable fact, or collateral within the fourth grade, will adopt fromOffice the most indispensable measures for the burial of the deceased if necessary and for the safety of goods, books, papers, correspondence and effects of the deceased susceptible to subtraction or concealment.
In the same way, it will proceed when the people speaking the previous paragraph are absent or when any of them is less and has no legal representative.
two. In the cases referred to in this article, after the relatives appear, or the legal representative is appointed to the minors, the property belonging to the deceased will be delivered, ceasing the judicial intervention, except for the provisions of the following article, and must go to the notary so that it proceeds to initiate the file of declaration of heirs."
LE00000two5866_two0two10903"5.º El Ministerio Fiscal, siempre que pudiere haber parientes desconocidos con derecho a la sucesión legítima, o que alguno de los parientes conocidos con derecho a la herencia o de los herederos o legatarios de parte alícuota no pudiere ser citado personalmente por no ser conocida su residencia, o cuando cualquiera de los interesados sea menor y no tenga representante legal."
LE00000two5866_two0two10903"4.º Los herederos y legatarios de parte alícuota podrán dispensar al administrador del deber de prestar caución.There are not about this conformity, the bond will be provided to the interest in the flow of those who do not grant their relief.Caution will be constituted, in any case, regarding the participation in the inheritance of minors who do not have legal representative and those who could not be summoned by ignoring their whereabouts."
LE00000two5866_two0two10903«two. During the substantiation of the judicial division procedure of the inheritance, the heirs can be requested, by common agreement, that the judicial intervention ceases.The lawyer of the Administration of Justice will agree by decree, except when any of the interested parties are less and does not have legal representative or when there is an absent heir to which he could not be cited for ignoring his whereabouts."
LE00000two5866_two0two10903Artículo quinto Modificación de la Ley 41/two003, de 18 de noviembre, de protección patrimonial de las personas con discapacidad y de modificación del Código Civil, de la Ley de Enjuiciamiento Civil y de la Normativa Tributaria con esta finalidad
La Ley 41/two003, de 18 de noviembre, de protección patrimonial de las personas con discapacidad y de modificación del Código Civil, de la Ley de Enjuiciamiento Civil y de la Normativa Tributaria con esta finalidad, queda modificada como sigue:
3.The degree of disability will be accredited by means."
LE0000194610_two0two10903"1. They may constitute a protected heritage:
two.Any person with legitimate interest may request the person with disabilities, with the support he requires, the constitution of a protected heritage, offering at the same time a contribution of adequate goods and rights, sufficient for that purpose.
In case of unjustified refusal of the person in charge of providing that support, the applicant may go to the Prosecutor's Office, who will urge the judicial authority to proceed according to the will, desires and preferences of the person with disabilities.If the judicial authority authorizes the constitution of the protected assets, the judicial resolution will determine the content referred to in the following section.The position of administrator may not fall, except just cause, in the person in charge of providing the support that would have unfairly denied the constitution of the protected heritage.
3.The protected heritage will be constituted in a public document, or by judicial resolution in the case contemplated in the previous section.
Said public document or judicial resolution will have, at least, the following content:
Likewise, the public document or judicial resolution may establish the measures or control bodies that it deems appropriate to guarantee respect for the rights, desires, will and preferences of the beneficiary, as well as the necessary safeguards to avoid abuse, conflict of interest and undue influence.
Notaries will immediately communicate the constitution and content of a heritage protected by them authorized to the prosecutor of the constituency corresponding to the domicile of the person with disabilities, by advanced electronic signature.The same referral will be made of the deeds related to the contributions of all kinds, which are carried out after its constitution.
The prosecutor who receives the communication of the constitution of a protected assets and is not considered competent for his inspection will send him to the prosecutor that the State Attorney General designates, in accordance with his Organic Statute."
LE0000194610_two0two10903«two. Any person with legitimate interest, with the consent of the person with disabilities with the support he requires, may contribute assets or rights to the protected heritage.These contributions of goods or rights must always be made free of charge, even through the succession pact in those current civil laws that allow it, and will not be subject to term.The contributions may be made by the commissioner or holder of a succession fiducia on behalf of the dead principal, in the cases regulated in the current civil laws that allow it."
LE0000194610_two0two10903"1. When the Constituent of the Protected Heritage is the beneficiary of the same, its administration, whatever the origin of the assets and rights that integrate it, will be subject to the rules established in the public document of Constitution.
two.In the other cases, the rules of administration will be subject to the provisions of the Public Document of Constitution or Contribution, the support or safeguards that are considered appropriate, either by the constituent or contributing or by the judicial authority, ex officio, ex officio, may be established, ex officio, ex officio, ex officio, ex officio, ex officioor at the request of the Fiscal Ministry or those legitimized to promote the adoption of support measures regarding the protected assets.
In no case will the public auction for the disposal of the goods or rights that integrate the protected heritage be necessary.
In any case, and in line with the purpose of the protected assets of satisfaction of the vital needs of their holders, with the same assets and rights in it, as well as with their fruits, products and yields, acts ofdisposition of money spending and the consumption of fungible goods integrated in the protected heritage, when they are made to meet the vital needs of the beneficiary.
3.Notwithstanding the provisions of the previous section, the constituents or the administrator may urged the Fiscal Ministry to request from the competent judicial authority the exception of judicial authorization in certain cases, in response to the composition of the heritage, the personal circumstances of their beneficiary, the needs derived from its disability, the solvency of the administrator or any other circumstance of analogous nature.
4.All the goods and rights that integrate the protected heritage, as well as its fruits, yields or products, must be used for the satisfaction of the vital needs of their beneficiary or the maintenance of the productivity of the protected heritage.
5.In no case may people or entities that cannot be curators be administrators, in accordance with the provisions of the Civil Code or in the norms of civil law, regional or special that, where appropriate, were applicable.
6.When administrator could not be appointed in accordance with the rules established in the Public Document or Judicial Resolution of Constitution, the competent judicial authority will provide what corresponds, at the request of the Fiscal Ministry, taking into account the wishes, will and preferences of the beneficiary."
LE0000194610_two0two10903"1. The supervision of the administration of the protected heritage corresponds to the Fiscal Ministry, who will urge the judge to proceed respecting the will, desires and preferences of the person with disabilities, including the replacement of the administrator, the change of the administration rules, the establishment of the establishment ofSpecial Control measures, the adoption of caution, the extinction of protected heritage or any other measure of analogous nature.
The Prosecutor's Office will act ex officio or at the request of any person and will be heard in all judicial actions related to protected heritage.
two.When it is not the person with disabilities benefiting from the heritage, the protected heritage administrator must accounts for his management to the Fiscal Ministry when determined and, in any case, annually, by referring to a relationship of his management and an inventoryof the goods and rights that form it, all documentary justified.
The Fiscal Ministry may require additional documentation and request how many clarifications it deems pertinent.
3.As an external support, assistance and advice of the Fiscal Ministry in the exercise of the functions provided for in this article, the Patrimonial Protection Commission of Persons with Disabilities is created, attached to the Ministry responsible for social services and in which they will participateIn any case, the Prosecutor's Office and representatives of the most representative public utility association at the state level of different types of disability.
The composition, operation and functions of this commission will be determined by regulation."
LE0000194610_two0two10903Artículo sexto Modificación de la Ley two0/two011, de two1 de julio, del Registro Civil
La Ley two0/two011, de two1 de julio, del Registro Civil, queda modificada como sigue:
LE0000458815_two0two10903«7. The recognition of non -marriage affiliation after birth registration may be done at any time according to the forms established in applicable civil legislation.If it will be made by means of the father's statement before the Civil Registry person, the express consent of the mother and the legal representative will be required if they are a minor or the person to whom it is recognized if it were greater.If these are persons with disabilities for which support measures would have been established, it will be what results from the judicial resolution that has established them or of the notarial document in which they have been provided or agreed.In order for registration to be possible, the requirements for the validity or effectiveness of the recognition required by civil legislation must also attend."
LE0000458815_two0two10903«two. The extinction, deprivation, suspension and recovery of parental rights will also be registered."
LE0000458815_two0two10903«Artículo 7two Resolución judicial de provisión de apoyos y declaración del concurso de persona física
1. The judicial resolution issued in a support provision procedure, as well as the one that leaves it without effect or modifies, will be registered in the individual registry of the person with disabilities.Registration will express the extension and limits of support support measures.
Likewise, any other judicial resolution will be registered on support measures to people with disabilities."
LE0000458815_two0two10903«Article 73 ODENIBILITY OF RESOLUTIONS
The resolutions referred to in the previous article will only be opposable to third parties when the appropriate registrations have been practiced."
LE0000458815_two0two10903«It will be registered in the individual registry of the minor in a situation of helplessness to subjection to the protection of the public entity to which, in the respective territory, the protection of minors is entrusted by the legislation that is applicable."
LE0000458815_two0two10903«Article 77 Registration of voluntary support measures
It is registered in the individual registration of the interested party. The public document containing the support measures provided by a person with respect to himself or his property."
LE0000458815_two0two10903«Only the registration or its legal representatives, who exercises support and is expressly authorized, the general preventive agent or the curator in the case of a person with disabilities will be able to access or authorize third people the advertising of the seats containing data especially dataprotected in the terms established by regulation.Public administrations and public officials will be able to access the data specially protected from section 1.b) of article 83 when in the exercise of their functions they must verify the existence or content of support measures."
LE0000458815_two0two10903Artículo séptimo Modificación de la Ley 15/two015, de two de julio, de la Jurisdicción Voluntaria
La Ley 15/two015, de two de julio, de la Jurisdicción Voluntaria queda modificada como sigue:
LE0000555976_two0two10903"1. The provisions of this chapter will apply in cases where the appointment of a judicial defender of minors or persons with disabilities proceeds in accordance with the law.
two. The provisions of this chapter will also apply in cases where the authorization and further appointment of the judicial defender proceeds.Enabling will be urged when the child not emancipated or the person with disabilities, being sued or following great damage not to promote demand, is in any of the following cases:
3. Notwithstanding the provisions of the previous section, judicial defender will be appointed to the minor or person with disabilities, without the need for prior enabling, to litigate against their parents, tutor or curator, or to urge files of voluntary jurisdiction, or when it will be legitimized forthis when a procedure for the adoption of support measures regarding the person with disabilities is urged by the Prosecutor's Office.The application will not proceed if the other parent or guardian, if any, did not have an opposite interest to the minor or person with disabilities."
LE0000555976_two0two10903«Chapter III Bisdel Provision of Judicial Measures to Support Persons with Disabilities
Artículo 4two bis aArea of application, competencia, legitimación y postulación
1.When the provision of some judicial measure of stable support for a person with disabilities is relevant, the procedures provided for in this chapter will be followed.
two.It will be competent to hear from this file the Court of First Instance of the place where the person with disabilities resides.
If before the celebration of the appearance there was a change of the usual residence of the person referred to in the file, the actions will be sent to the corresponding court in the state in which they are found.
3.The Fiscal Ministry may promote this file, the person with disabilities, their spouse not legally or who is in an assimilable situation and their descendants, ascendants or brothers.
Any person is empowered to inform the Fiscal Ministry of the facts that may be decisive of a situation that requires the judicial adoption of support measures.Public authorities and officials who, due to their positions, knew the existence of said facts with respect to any person, must inform the Fiscal Ministry.In both cases, this will begin this file.
4.The person with disabilities may act with their own defense and representation.If it is not predictable that such appointment proceeds for itself, with the request it will be asked to be named a judicial defender, who will act through lawyer and attorney.
5.The lawyer of the administration of justice will make the adaptations and adjustments necessary for the person with disabilities to understand the object, purpose and procedures of the file that affects it, in accordance with the provisions of article 7 bis of this law.
Artículo 4two bis b Procedimiento
1.The application will be accompanied by the documents that prove the need for the adoption of support measures, as well as an expert opinion of the specialized professionals of the social and health fields, which advise the support measures that are suitable in each case.Likewise, those evidence that is considered necessary to practice in appearance will be proposed.
two.Admitted to processing the request by the lawyer of the Administration of Justice, this will convene to the appearance to the Fiscal Ministry, the person with disabilities and, where appropriate, to their spouse not legally not separated or who is in a situation in a situationIn fact assimilable and their descendants, ascendants or brothers.Those interested can propose within five days from the reception of the citation those proof proceedings that they consider necessary to practice in the appearance.Civil registry certification will also be collected and, where appropriate, other public records that are considered relevant, on the support measures registered.
The judicial authority before the appearance may collect report from the public entity that, in the respective territory, has entrusted the function of promoting autonomy and assistance to people with disabilities, or an entity of the third sector of social action duly enabledas collaborator of the administration of justice.The entity will report on the possible support alternatives and the possibilities of providing it without requiring the adoption of any measure by the judicial authority.
Likewise, the Judicial Authority may order an expert opinion before the appearance, when it is considered necessary according to the circumstances of the case.
3.In the appearance, an interview will be held between the judicial authority and the person with disabilities, to whom, in view of their situation, you can inform about the existing alternatives to obtain the support you need, either through your social environment orcommunity, or through the granting of voluntary support measures.
Likewise, those evidence that will have been proposed and admitted and, in any case, will be heard to people who have appeared and manifest their willingness to be heard will be practiced..
4.If, after the information offered by the Judicial Authority, the person with disabilities opts for an alternative measure of support, the file will be ended.
5.The opposition of the person with disabilities to any type of support, the opposition of the Fiscal Ministry or the opposition of any of those interested in adopting the support measures requested will end the file, notwithstanding that the judicial authority can provisionally adoptthe support measures of that or its assets that you consider convenient.These measures may be maintained for a maximum period of thirty days, provided that the corresponding demand for adoption of support measures in contentious trial has not been submitted before.
Opposition will not be considered for the effects indicated in the previous paragraph, the relative only to the designation as a curator of a specific person.
Artículo 4two bis c).Auto and subsequent review of judicially agreed measures
1.The measures adopted in the car that ends the file must be in accordance with the provisions of the applicable civil legislation on this issue.Such measures will be subject to periodic review within the deadline and the way in which the order that would have agreed to have them, and the procedure contemplated in this article must be followed.
Cualquiera de las personas mencionadas en el apartado 3 del artículo 4two bis a), así como quien ejerza el apoyo, podrá solicitar la revisión de las medidas antes de que transcurra el plazo previsto en el auto.
two.The court that issued the measures will also be competent to hear the aforementioned review, provided that the person with disabilities remains residing in the same constituency.Otherwise, the Court of the New Residence must request a complete testimony of the file to the Court that he previously knew of the same, which will send it in the ten days following the request.
3.In the review of the measures, the Judicial Authority will collect an expert opinion when it considers it necessary according to the circumstances of the case, it will be interviewed with the person with disabilities and order those other actions that it considers necessary. A estos efectos, la autoridad judicial podrá recabar informe de las entidades a las que se refiere el apartado two del artículo 4two bis b).From the result of these actions, the person with disabilities will be transferred, to whom he exercises the support functions, the Fiscal Ministry and those interested in the previous file, so that they can allege what they consider pertinent within ten days within ten days, as well as contribute the test they estimate timely.If any of the aforementioned opposition, the file will be ended and the review of the measures according to the provisions of the Civil Procedure Law may be urged.
4.Received the allegations and practiced the evidence, the judicial authority will issue a new car with the content that proceeds according to the concurrent circumstances."
LE0000555976_two0two10903"1. The Court of First Instance of the address or, failing that, of the residence of the minor or person with disabilities will be competent for the knowledge of this file.
two.The judicial body that has known of a file on guardianship, curate or guard will be competent to learn about all the incidents, procedures and adoption of subsequent measures or reviews, provided that the minor or person with disabilities resided in the same constituency.Otherwise, to hear from any of these incidents, it will be necessary to ask the File of the File to the Court that he previously knew of it, which will send it in the ten days following the request.
3.In these files the intervention of lawyer and attorney will not be mandatory, except in those related to the removal of the tutor or curator and the extinction of preventive powers, in which the intervention of lawyer will be necessary."
LE0000555976_two0two10903«Article 44 scope of application
1. The provisions of this section for the processing of the files related to guardianship and the curatela will apply.
two. The file referred to in the following article will only be applicable to the curatela when, after the processing of a process on the adoption of judicial measures to support a person with disabilities, the appointment of a new curator is appropriate, replacing anotherremoved or deceased."
LE0000555976_two0two10903"1. The file will be initiated by request submitted by the Prosecutor's Office or by any of the legally indicated persons to promote protection or curatela.In it, the fact that gives rise to one or the other must be expressed, accompanying the accrediting documents of the legitimation to promote the file and indicating the closest relatives of the person with respect to which the guardianship or curatela and their homes must be constituted.Likewise, the birth certificate of this must be accompanied and, where appropriate, the certificate of lateNotarial public granted by the person with disabilities in which he had been arranged in forecast on their own curatela or other voluntary support measures."
«two. (...)
Both the judge and the Fiscal Ministry will act ex officio in the interest of the minor and respecting the will, desires and preferences of the person with disabilities in what is recorded, adopting and proposing the measures, proceedings, expert reports and evidence they deem appropriate."
"4. (...)
When appropriate in accordance with the applicable civil legislation, in the resolution by which the guardianship or curatela or a subsequent is constituted, the judge may agree on the appropriate surveillance and control measures, as well as to demand the tutor or curator report on the personal situation on the personal situationof the minor or person with disabilities and the state of the administration of their assets.If they are adopted in subsequent resolution, the minor will be heard before."
"5. The judge, in the resolution by which it constitutes the guardianship or curatela or in a later one, may require the tutor or curator in an exceptionamount of the same.
It may also later, ex officio or at the request of the interested party, leave without effect or modify in all or part the bond that had been provided, after having heard the tutor or curator, the person with disabilities that requires support measures, to theminor if you have enough maturity and, in any case, if you are more than twelve years, and the Fiscal Ministry."
«6. (...)
During the substantiation of the resource, and even if a subsequent ordinary process is urged on the same object, it will be in charge of the tutor or curator elected, where appropriate, the care of the minor or person with disabilities and the administration of its flow, as appropriate, under the guarantees that seem sufficient to the judge."
LE0000555976_two0two10903«two. Provided with the bond, if required, the judge will declare it enough and will agree on the same resolution the inscriptions, deposits, measures or proceedings that it deems appropriate for the effectiveness of the bond and conservation of the assets of the minor or person with disabilities."
3. Practiced all the proceedings agreed, the appointed will accept in the minutes granted before the lawyer of the Administration of Justice the obligation to fulfill the duties of his position in accordance with the laws and this will agreewho agreed to his appointment and will give him certification of this.
4. When the one appointed it for the position of tutor or administrator of the goods, it will require you to present the inventory of the assets of the affected person within the following sixty days.Until the inventory of goods is approved, where appropriate, the appointed person will be in charge of the care of the minor or person with disabilities and the administration of their flow, as appropriate, under the guarantees that seem sufficient to the judge."
LE0000555976_two0two10903"1. Once the resolution for which the guardianship is constituted or sentence has been issued in the support provision procedure, if the tutor or curator requests the remuneration to which they are entitled, will be applied, the judge will agree, setting their amount and the mode ofperceive it taking into consideration the complexity and extension of the entrusted functions and the value and profitability of the assets of the interested party.The decision will be adopted after hearing the applicant, the person with disabilities, the minor if he had enough maturity and, in any case, if they were over twelve years, to the Fiscal Ministry and as many people he considers appropriate.Both the judge and the interested parties or the Fiscal Ministry may propose the proceedings, expert reports and evidence that they deem appropriate.
The car referred to in this article will be executed without prejudice to the appeal, which will not produce suspensive effects."
LE0000555976_two0two10903"1.In the cases provided by the applicable civil legislation, ex officio, at the request of the Prosecutor's Office, of the guardian, of the subject to curatela or of another interested person, the removal of the tutor or the curator may be agreed, after the celebration of appearance.In this, the tutor or curator will be heard, to the people who may replace the person with disabilities, to the minor if he had enough maturity and, in any case, if they were over twelve years, and the Fiscal Ministry."
LE0000555976_two0two10903"1. According to the applicable civil legislation or the corresponding judicial resolution, the tutor or curator will present, where appropriate, reports on the personal situation of the minor or person with disabilities, or accountability.
two. Submitted the reports, the lawyer of the Administration of Justice will transfer them to the person with disabilities, to the child if they had enough maturity and, in any case, if they are over twelve years, to those who appear as interested in the file and the ministryFiscal.If any of the aforementioned requested it within ten days, all of them will be summoned to an appearance, being able to propose ex officio or at the request of the party the proceedings and evidence estimated appropriate.
The judge may also be ordered, at the expense of the patrimony of the guardian or assis.
3. Held or not the appearance, the judge will resolve through the order on the reports and the accountability."
LE0000555976_two0two10903«Article 51 bis extinction of preventive powers
1.Any person legitimized to urge the procedure for providing support and curator, if any, may urge the extinction of the preventive powers granted by the person with disabilities, if in the attorney any of the causes provided for the removal of the curator concurs for the removal of the curator.
two.Admitted to the application, the applicant, the attorney, to the person with disabilities that require support and the Fiscal Ministry will be summoned to the appearance.If opposition will be raised, the file will become contentious and the lawyer of the Administration of Justice will quote those interested at a sight, continuing the processing in accordance with the provisions of the verbal trial."
LE0000555976_two0two10903"1. At the request of the Fiscal Ministry, of the person who requires support measures or of anyone who has a legitimate interest, the judicial authority that has knowledge of the existence of a de facto guardian may require him to report the situation of the person and propertyof the minor or the person with disabilities and their actions in relation to them.
two. The judge may establish the control and surveillance measures it deems appropriate, notwithstanding the promotion of file for the constitution of the guardianship in the case of minors, if it proceeded.Such measures will be adopted, after appearance, citing the person to whom the guardian and the Fiscal Ministry affects.
3. In cases where, according to the applicable civil legislation, the de facto guardian of a person with disabilities must request judicial authorization, before making a decision, the judicial authority will interview the person with disabilities and may request aexpert report to prove the situation of this.You can also mention the appearance to how many people consider it necessary to hear depending on the act whose authorization is requested."
LE0000555976_two0two10903«Article 61.Area of application.
The provisions of this chapter will be applied in all cases in which the legal representative of the minor or the person who supports the person with disabilities or the administrator of a protected assets needs authorization or judicial approval for the validity of acts of disposition, taxor others that refer to their assets or rights or to the protected heritage, unless a specific processing would have established."
LE0000555976_two0two10903«Artículo 6two Competencia, legitimación y postulación
1.The Court of First Instance of the residence of the minor or person with disabilities will be competent for the knowledge of this file. If before the celebration of the appearance there was a change of the usual residence of the person referred to in the file, the actions will be sent to the corresponding court in the state in which they are found.
two.They may promote this file who hold the legal representation of the minor or exercise support to the person with disabilities in order to carry out the legal act in question, as well as the person with disabilities in accordance with the established support measures.
In the case of the administration of determined goods or rights, with concrete powers on them, conferred by their transmitting free of charge in favor of those who do not hold the legal representation, or when the guardianship or curatorship of the person and the person and theof the goods must request the authorization, if necessary, the administrator designated by the transmitting or the tutor of the goods.
If the act regarding the property of the protected heritage, the legitimated will be its administrator.
3.The intervention of lawyer or attorney will not be mandatory provided that the value of the act for which the file is inserted does not exceed 6.000 euros.When it exceeds it, the initial request may be made without the need for both professionals, notwithstanding that the judge may order the action of all interested parties by lawyer when the complexity of the operation so requires or appears subjects with confronted interests."
LE0000555976_two0two10903«Article 64 Processing
1.Admitted to processing the request by the lawyer of the Administration of Justice, this will quote to the Fiscal Ministry, as well as to all the persons who, according to the different cases, require the laws and, in any case, to the person with disabilities andthe child who has enough maturity and, in any case, when he is over twelve years.
two.When proceeding an expert opinion, it will be agreed ex officio or at the request of a party, and the appearance will be issued before the appearance must be cited, and the experts or experts have been cited that they would have issued it, if so, it will be agreed, to respond to the issues that so much arose so muchThe intervenings as the judge."
LE0000555976_two0two10903"4. If the realization of an act of tax on goods or rights that belong to the minor or person with disabilities or the extinction of real rights to them is authorized, it will be ordered to follow the same formalities established for the sale, excluding the auction."
LE0000555976_two0two10903«Section 3 of the protection measures related to the inappropriate exercise of the power of guardianship or administration of the assets of the minor or person with disabilities
Artículo 87Area of application, competencia y legitimación
1. Se aplicarán las disposiciones de esta Sección para adoptar medidas en relación al ejercicio inadecuado de la potestad de guarda de menores o personas con discapacidad o a la administración de sus bienes en los casos a que se refieren los artículos 158, 164, 165, 167, two00 y two49 del Código Civil o a las disposiciones análogas de la legislación civil aplicable.And in particular:
two.The Court of First Instance of the address or, failing that, of the residence of the minor or person with disabilities will be competent.However, it will be competent to learn about the file the Court of First Instance that I would have known of the initial:
3.The measures referred to in this chapter will be adopted ex officio or at the request of the minor or person with disabilities, any relative or the Fiscal Ministry.When requested with respect to a person with disabilities, they may also be adopted at the request of any interested party.
Article 88 Resolution
If the judge estimates the adoption of measures, it will resolve what corresponds by designating a person or institution that, where appropriate, must be responsible for the custody of the minor or the support of the person with disabilities, will adopt the measures appropriate in the case according tothe provisions of the applicable civil legislation and may appoint, if applicable, a judicial defender.
Article 89 Acting in cases of guardianship and curate
In cases of guardianship or curatorship of the person with disabilities, the judge who has met the file will send testimony of the final resolution to which he would have known of the appointment of the tutor or curator, respectively, when he is a different."
LE0000555976_two0two10903«two. The calls to the inheritance and the creditors of the heir who had repudiated the inheritance may promote this file.
If the calls were minors, those who hold their representation and, failing that, the Fiscal Ministry may be promoted..
If these are people with disabilities provided with representative support measures for this type of acts, those who exercise support may promote it.
Likewise, the Judicial Defender may promote it if authorization had not been given in the appointment."
LE0000555976_two0two10903EIGHTH ARTICLE MODIFICATION OF THE COMMERCIAL CODE
The Commercial Code is modified as follows:
DISPOSICIONES ADICIONALES
Additional provision First regime of collaboration between the administration of justice and the entities of the Third Sector of Social Action
1.The Ministry of Justice or the Autonomous Communities that have transferred the services in the matter of administration of justice may recognize as entities of the Third Sector of Social Action collaborating the administration of justice to those organizations or entities that meet the following requirements:
two.The entities of the Third Social Action Sector collaborating with the Administration of Justice may perform the following actions:
3.The procedure for recognition as entities of the Third Social Action Sector collaborating on the Administration of Justice and the concretion of the rights and obligations that said recognition will be regulated by regulation.
En todo caso, la resolución de reconocimiento como entidad del Tercer Sector de Acción Social colaboradora con la Administración de Justicia, así como su revocación serán objeto de publicación en el «Boletín Oficial del Estado" o en el diario oficial de la Comunidad Autónoma correspondiente.
Additional provision Second training in support measures to people with disabilities for the exercise of their legal capacity
1.The Ministry of Justice, the Ministry of Interior, the General Council of the Judiciary, the State Attorney General, the Autonomous Communities and the Local Entities, within the scope of their respective powers, will ensure general and specific training, in support measuresTo people with disabilities for the exercise of their legal capacity, in the training courses of judges and magistrates, prosecutors, lawyers of the administration of justice, security forces and bodies, forensic doctors, personnel at the service of the administration of justice and justice and, where appropriate, officials of the General State Administration, of the Autonomous Communities or of the local entities that perform functions in this area.
two.The Bar Associations, Procurators and Social Graduates will promote the training and awareness of their members in support measures to people with disabilities for the exercise of their legal capacity.Likewise, the General Council of Notaries and the College of Property Registrars, Commercial and Movable Property of Spain will promote training and awareness in said measures of notaries and registrars respectively.
DISPOSICIONES TRANSITORIAS
Transitional disposition First existing rights deprivations
From the entry into force of this Law, the mere deprivations of rights of persons with disabilities, or their exercise, will be without effect.
Transitional disposition Second situation of tutors, curators, judicial defenders and factors in fact.Parent situation extended or rehabilitated.Situation of prodigality statements
The tutors, curators, with the exception of the curators of the declared prodigal, and judicial defenders appointed under the regime of the previous legislation will exercise their position in accordance with the provisions of this law from its entry into force.The rules established for representative curators, to the curators of the emancipados whose parents had died or were prevented for the exercise of the assistance prevented by law and of the minors who had obtained theBenefit of the elderly will be applied to the rules established for the minor judicial defender.
Those who came acting as de facto guardians will subject their actions to the provisions of this law.
Those who hold the parental authority extended or rehabilitated will continue to exercise it until the revision to which the fifth transitory disposition refers.
The measures derived from the statements of prodigality adopted in accordance with the previous legislation will continue in force until the review provided for in the fifth transitory provision occurs.Until that time, the curators of the declared prodigos will continue to exercise their positions in accordance with the previous legislation.
TRANSITIONAL PROVISION THIRD SELFTUtela, powers and preventive mandates
Autotutela forecasts will be understood as referring to self -ATLE and will be governed by this law.
The powers and preventive mandates granted prior to the entry into force of this law will be subject to this. No obstante, cuando, en virtud del artículo two59, se apliquen al apoderado las reglas establecidas para la curatela, quedarán excluidas las correspondientes a los artículos two84 atwo90 del Código Civil.
When the person granting wants to modify or complete them, the notary, in the fulfillment of their functions, if necessary, must ensure that he develops his own decision -making process by helping him in his understanding and reasoning and facilitating that he can express his will,wishes and preferences.
Transitional provision Fourth substitutions made under article 776 of the Civil Code
When substitute had been appointed by virtue of article 776 of the Civil Code, in the event that the replaced person had died after the entry into force of this law, the provisions of it shall apply and, consequently, the substitution will leaveof being exemplary, without being able to supply the testament of the replaced person.However, the substitution will be understood as a relocomisary residue substitution regarding the goods that the substituent would have transmitted free of charge to the replaced person.
Transitional disposition Fifth review of the measures already agreed
People with judicially modified capacity, those declared prodigos, the parents who hold the parental authority extended or rehabilitated, the tutors, the curators, the judicial defenders and the preventive processes may request at any time of the judicial authority the review of the measures thathave been established prior to the entry into force of this law, to adapt them to this.The review of the measures must be produced within a maximum period of one year from said request.
For those cases where the request mentioned in the previous paragraph has not been.
Sixth processes in processing processes
The processes related to the capacity of the persons who are being processed at the entry into force of this law will be governed by the provisions of it, especially in regard to the content of the sentence, retaining in any case their validity the actionsthat they would have practiced until that moment.
Single derogatory disposition regulatory
1.As many provisions of equal or lower rank are repealed, oppose or are incompatible with the provisions of this law.
two.In particular, any regulation of the prodigality contained in any rule of the legal system is repealed.
3. Así mismo, quedan derogados expresamente los artículos two99 bis y 301 a3two4 del Código Civil.
LE0000013389_two0two10903DISPOSICIONES FINALES
Disposición final primera Modificación de la Ley Orgánica 10/1995, de two3 de noviembre, del Código Penal
Se modifica la Ley Orgánica 10/1995, de two3 de noviembre, del Código Penal en los siguientes términos:
Second Final Provision Competency Titles
This law is issued under the following competence titles:
The first, third and sixth articles are issued under the competence that corresponds to the State in terms of order of public records and instruments, in accordance with article 149.1.8.ª de la Constitución.
Second and fifth articles and the first, second and third transitory provisions are issued under the competence that corresponds to the State in Civil Legislation, in accordance with article 149.1.8.ª de la Constitución.
The fourth and seventh articles, as well as the fifth and sixth transitory provisions are issued under the competence that corresponds to the State in terms of procedural legislation, in accordance with article 149.1.6.ª de la Constitución.
Additional provisions are issued under the competence that corresponds to the State in the matter of administration of justice, in accordance with 149.1.5.ª de la Constitución.
The first final provision is issued under the competence that corresponds to the State in matters of criminal legislation, in accordance with article 149.1.6.ª de la Constitución.
Third Entry Final Provision
La presente Ley entrará en vigor a los tres meses de su publicación en el «Boletín Oficial del Estado".
So,
I send all Spaniards, individuals and authorities, to keep and keep this law.
