On October 31st the Consejo de Ministros (council of ministers) approved the issuing of the draft bill on voluntary jurisdiction to the Cortes Generales (general courts). Through this draft, an important change is intended for the competencies assigned to notaries, registrars and above all Court Clerks. Voluntary jurisdiction is made use of for cases in which there is no dispute between the parties, with exception to certain matters (above all Family Law or when interests of minors are at stake), such cases must be dealt with by the courts of first instance.
The responsibilities of Court Clerks are extended to cases related to conciliatory settlements, property rights, duties, inheritance, Commercial and Maritime Law. Additionally, apart from some exceptions in determined subjects, the interested party may opt to turn either to the notary or the registrar.
Amongst the articles of this draft bill, acts for notarial claims of debt that have not been disproved (which allows for the creation of an extrajudicial enforceable right) or the duties of the Court Clerks in conciliatory cases, can be found.
For furhter information, please contact César García de Quevedo: [email protected]