UNDERSTANDING THE LAW

(published in Canarian Weekly)

VOLUNTARY JURISDICTION ACT – NOTARIES CELEBRATING WEDDINGS

To exercise our own rights we need sometimes the help of the State to create or develop the conditions to execute them or make them value without being necessary to sue another person (claim). When the petition to execute these acts is asked to the Courts this is called Voluntary Jurisdiction. In July 2015 the new Voluntary Jurisdiction Act came into vigor. The Legislative Power says that this Law regulates the files of Voluntary Jurisdiction to be organized by Courts, which means that there are other types of Voluntary Jurisdiction (not judicial). Basically, the Voluntary Jurisdiction outcome is the guardianship of execution of legal acts that may facilitate its exercise. In these cases the judge function is not a judicial act to declare the right of the parties but to verify or create the legal conditions in favor of the promoter in order to modify their legal relations or guarantee new ones facing the future.

The Voluntary Jurisdiction has been regulated until July 2015 by the (old) Legal Proceeding Law. When the new Legal Proceeding Law 1/2000 came into vigor  in 2001, changed the old one with the exemption of Voluntary Jurisdiction. Fifteen years later the Law became true.

The new Law not only gives power to the judges but also, in some cases, to other legal functionaries such as Court Secretaries, Notaries, Registrars. In some cases the petitioner can choose a Notary or a Registrar instead of the judge.

The Law has also modified (among others) the Civil Registry Act and Notary Regulations Act. According to this the Civil Marriage can be celebrated before Judge of Piece, Court Secretary, Mayor, Diplomatic Clerk or Notary. Prior to marriage there will be necessary to enact a file to certify the fulfillment of requirement of capacity and inexistence of impediments according to the provisions of Civil Code. Notaries will also be able to act in some mutual agreement divorce cases (i.e.: if there are no children) and the couple assisted by a lawyer.

 There will be more to say about this law applicable in civil and commercial matters. I will be back to this matter in future columns.

Spanish