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Friday, 28 July 2017 08:45

Delayed entry of the new Civil Registry Law

The Bar Association of Barcelona has stated that, although the new Civil Registry Law should have entered into force on June 30, all forecasts are aimed at a delay until June 30, 2019.

Delays in regulating some aspects

This delay in the implementation of the Civil Registry Law will lead to the postponement of certain issues, such as the one concerning the suppression of the prevalence of the paternal surname, in determining the order of surnames. This particular point has been announced by some media as novel. However, within two years we will not see the implementation implemented.

There are other provisions in family law, such as the issue of documentation of marriage, and its civil effects. These types of marriages, of a civil nature, can already be held before a Lawyer of the Administration of Justice, and even before a Notary.

With regard to these measures of the pre-marriage files, it should be remembered that Law 15/2015 of July 2, Voluntary Jurisdiction, already contemplated this type of modifications and measures, regardless of the entry into force of the Law of the Civil registration.

Permanent delays in the entry into force of the Law

In many professional sectors, there is talk of an exceptional case in the legislative trajectory of our country, since the Constitution of 78. The new Civil Registry Law has three consecutive delays, as regards its entry into force. It was initially intended to take effect from 22 July 2014; In this way, the Law would enter into force (if the date of July of 2019 is true) 8 years after its approval.

Some reasons for the delay

Among the justifications that have been made for this delay are the technological and organizational requirements, provided for in the 2011 Law, of the Civil Registry.

Among the criticisms that this delay is giving rise to professional associations and bar associations is the surprising fact that these technological reasons have already been used on other occasions as an excuse for not carrying out the entry into force of the Law.

In addition, the current situation creates a serious legal uncertainty for the personnel who carry out their professional work in the Administration of Justice, and for the general public.

Territorial distribution

With the new situation and the delay of the planned changes, civil registry offices will maintain their distribution and implementation as it has been until now. In Spain there are currently 431 registration offices and 16 exclusive Civil Registries.

From the professional sectors affected, a Civil Registry is being revoked that is provincial, is in charge of a Lawyer in the Administration of Justice, and has support in registry offices of reinforcement, in areas with great population density, or that have communication problems .

In the technical aspect, the petitions are directed to have a modern and functional telematic system, in which any citizen (and also the Public Administration) have access to registry certificates

Writings SF Lawyers

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