VOLUNTARY JURISDICTION LAW
On 10 March 2012 has been published in the Spanish Official Gazette, the Law on Voluntary Jurisdiction (i.e., non-contentious), which implies important novelties in several issues of Private International Law.
On the one hand, its articles 9-12 deal with the issues of private international law in voluntary jurisdiction dossiers, with special significance regarding the registration in Spanish public registries of foreign judiciary decisions in this field and the effects in Spain of dossiers and decisions which come from foreign authorities.
On the other hand, the new Law modifies the previous rules in force in some specific áreas:
In this regard, could be briefly mentioned the following changes:
a) The article 107.2 (our traditional conflict rule on legal separation and divorce) has become superfluous, as a mere reference to the EU rules and those of the Spanish system of Private International Law. In this point, must be recalled that in this field are applicable both EU Regulation 2201/2003 and EU Regulation 1259/2010.
b) There are some modifications with regards to the way of entering into marriage, as well to the applicable rules on marital dossiers, competent authorities, etc, although the vast majority of these novelties will not entry in force till 30 June 2017.
c) The regulation on child abduction has been broaden, adding new paragraphs to the article 778 of the Civil Procedure Law.
d) The 22nd Final Disposition of the Civil Procedural Law has been re-drafted, to make easier the application in Spain of the EU Regulation 2201/2003.
e) A large number of articles of the Civil Code and the Civil Procedural Law, regarding inheritance matters, have been modified. It must be noted that, in this field, on 17 August 2015 will entry in force the EU Regulation 650/2012.
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