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What it is

Returning property seized from political parties during the civil war

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 26 December 1997. Introduced by: Gobierno.

Official title: Government bill on the restitution or compensation to political parties of assets and rights confiscated under the regulations on political responsibilities for the period 1936-1939.

Follow this law

Source: Congreso de los Diputados, file 121/000098· updated 11 Nov

Automatic summary, not yet reviewed

  1. The State returns to political parties the real estate and economic rights seized from them between 1936 and 1939, or from related entities, if those assets served the parties' political activity. Movable property is not returned, and no payment is made for lost income or rent.
  2. If the asset cannot be returned, for example because a third party owns it in good faith, the State pays compensation for its value, set by the Council of Ministers. If the asset is public domain property, the Government may delay return for up to two years, and compensation payments may be deferred or paid in installments for up to four years with interest.
  3. Parties named in the 1939 law that were legally reconstituted before December 6, 1978 and had not been dissolved before December 1, 1995 may claim return or compensation. They must file within one year from the entry into force of the implementing regulations, providing proof of ownership and of the seizure.
  4. The Directorate General of State Property processes the claims and the Council of Ministers decides. The return declaration is enough to register the asset in the Property Registry, the transactions are exempt from taxes such as corporate income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings., and the Council of Ministers' decision can be challenged in administrative court.

Who it affects

  • Political parties whose property was seized between 1936 and 1939 and that meet the requirements of Artículo 3.: They can recover their real estate and economic rights or receive money.
  • Entities related to those parties.: Their assets used for political activity can be returned to the party.
  • Current owners of the seized assets.: They keep ownership if they bought in good faith; the party then receives money instead.
  • The State.: It must identify the assets, carry out surveys and registrations at its own cost, and pay compensation when it cannot return them.

Words worth knowing

Restitución
Returning something to its owner after it was taken away.
Incautación
Seizure of someone's property by order of an authority.
Derechos de contenido patrimonial
Rights that have monetary value, such as collecting rent.
Dominio público
Property for public use, such as roads or beaches.
Recurso contencioso-administrativo
A court challenge against a decision by a public administration.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced26 December 1997Someone registers the text in the Congreso.
  2. Admitted26 December 1997The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments30 December 1997Groups propose changes.
  4. Committee18 April 1998A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate23 June 1998The Senate can pass it, amend it or veto it.
  7. BOE26 November 1998It is published in the Official State Gazette (BOE) and comes into force.
See the 8 official steps on a timeline
Dec 1997Mar 1998Jun 1998Sept 199811. 26 December 1997: Comisión Constitucional Publicación desde 26/12/1997 hasta 30/12/199722. 26 December 1997: Presentación33. 26 December 1997: Calificación44. 30 December 1997: Comisión Constitucional Enmiendas desde 30/12/1997 hasta 18/04/199855. 18 April 1998: Comisión Constitucional Informe desde 18/04/1998 hasta 09/06/199866. 9 June 1998: Comisión Constitucional Aprobación con competencia legislativa plena desde 09/06/1998 hasta 23/06/199877. 23 June 1998: Senado desde 23/06/1998 hasta 26/11/199888. 26 November 1998: Concluido - (Aprobado sin modificaciones) desde 26/11/1998 hasta 12/01/1999

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 43/1998, of December 15, on the Restitution or Compensation to Political Parties of Property and Rights Confiscated in Application of the Regulations on Political Responsibilities for the Period 1936-1939.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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