Sets up court, notary and registrar procedures without a lawsuit

Automatic summary, not yet reviewed

1. The law regulates voluntary jurisdiction cases: civil and commercial matters that need public intervention but where there is no lawsuit between parties.
2. Cases are shared among judges, court clerks (secretarios judiciales), notaries and property and commercial registrars. In many cases people can choose which professional to go to, though notaries and registrars charge fees.
3. In many cases a lawyer and a court representative (procurador) will not be required, though they are needed to appeal or when someone objects.
4. If two cases have the same subject, only the first one filed continues. And if a lawsuit on the same matter is already pending, the case is closed.
5. The costs of the case are paid by the person who requests it, unless the law says otherwise.
6. The law covers personal and family matters: adoption, guardianship, emancipation, protecting the assets of people with disabilities, declaring absence or death, and authorizing organ removal from living donors.
7. It also covers inheritance matters, debts, voluntary auctions and commercial issues such as calling company meetings or dealing with stolen or lost securities.
8. It fully regulates the conciliation process, used to try to reach an agreement and avoid a lawsuit. The record of the agreement can be enforced.

Who it affects

• Anyone who needs an official authorization or record in civil or commercial matters without a lawsuit.: They can go to a court, notary or registrar depending on the case, sometimes without a lawyer.
• Families with minors or people with disabilities.: There are specific procedures for adoption, guardianship, emancipation and protecting their assets.
• People who want to claim a debt or sell something at auction.: There are out-of-court options before a notary or court clerk.
• Companies and their shareholders.: Calling meetings, appointing auditors and judicial dissolution are regulated.

Words worth knowing

Jurisdicción voluntaria (voluntary jurisdiction)

Matters where a judge or other public official intervenes to give effect to a right, but without a lawsuit between opposing parties.

Secretario judicial (court clerk)

A court official who manages the procedure and can decide certain matters.

Procurador (court representative)

A professional who represents a party in court proceedings.

Abintestato

An inheritance from a person who died without a will.

Consignación (deposit or consignment)

Depositing what is owed with the court or a notary when the creditor refuses to accept payment.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries