We continue with the enumeration of files of the Voluntary Jurisdiction Law, referring in this entry to those of right, obligations and real rights.
They are the following:
1.- SETTING THE TERM FOR FULFILLMENT OF OBLIGATIONS
A) Regulation
thoroughly.- Article 1128 Civil Code.- If the obligation does not indicate a term, but from its nature and circumstances it can be deduced that it has wanted to be granted to the debtor, the Courts will set the duration of the obligation.
The Courts will also set the duration of the term when it has been left to the debtor's will.
b´) Procedure. Articles 96 and following of the Voluntary Jurisdiction Law.
B) Competition. Judge of 1st Instance of the debtor's domicile. If the relationship established is between a consumer or user and a businessman or professional and the latter is the debtor of the service, jurisdiction may also correspond to the Judge of First Instance of the creditor's domicile, at the latter's choice.
C) Application.- The intervention of a non-attorney lawyer is not necessary.
D) Legitimation.- Debtor or creditor who claims the fixing of the term.
2.- OF THE OFFER OF PAYMENT AND THE DEPOSIT.
A) Regulation
a´) Merits.- Article 1176 CC: "If the creditor to whom the offer of payment is made in accordance with the provisions that regulate this, refuses, expressly or in fact, without reason to admit it, to grant the supporting document of having been made or to the cancellation of the guarantee, if any, the debtor will be released from liability by consigning the thing owed.
The consignment by itself will produce the same effect when it is made while the creditor is absent in the place where the payment is to be made, or when he is prevented from receiving it at the time it is to be made, and when various persons claim to have the right to collect, It is the unknown creditor, or the title that incorporates the obligation has been lost.
In any case, the consignment will proceed in all those cases in which the fulfillment of the obligation becomes more burdensome to the debtor for reasons not attributable to it."
Article 1178: “The consignment will be made by the debtor or by a third party, placing the things owed at the disposal of the Court or the Notary, under the terms provided in the Voluntary Jurisdiction Law or in the notarial legislation.
b´) Procedure.
if it is judicial :Article 98 of the Voluntary Jurisdiction Law.
If it is Notary: Article 69 Notary Law.
B) Competition.
Judicial.– Court of First Instance corresponding to the place where the obligation must be fulfilled and, if it could be fulfilled in different places, any of them at the applicant's choice. Failing that, the one corresponding to the domicile of the debtor will be competent.
Notarial. It can be any Notary. But it is convenient that it be the residence of the creditor, due to the ease of payment or the need to collect the assets.
C) Application.- The intervention of a non-attorney lawyer is not necessary.
D) Legitimation.- Debtor that promotes the consignment.
3.- OF THE JUDICIAL AUTHORIZATION TO THE USUFRUCTUARY TO CLAIM OVERDUE CREDITS THAT FORM PART OF THE INHERITANCE.
A) Regulation. Article 100 Voluntary Jurisdiction Law
It is applied in the cases in which the usufructuary intends to claim and collect the overdue credits that are part of the usufruct, when he is exempt from providing a guarantee or could not have constituted it, or the constituted one was not sufficient and does not have the authorization of the owner to do so, as well as to pay interest on the capital obtained with said claim if he did not have the agreement of the owner.
This is a very frequent case in usufructs constituted by inheritance of money or securities, investment funds or shares that may remain empty, because the initiative for collection corresponds to the bare owner.
B) Competition. Court of First Instance of the last domicile or, failing that, of the last residence of the applicant.
C) Application.- The intervention of a non-attorney lawyer is not necessary-
D) Legitimation.- Request of the usufructuary
4.- DETACHMENT OF PROPERTIES NOT REGISTERED
A) Regulation. Article 104 Voluntary Jurisdiction Law.
B) Competition. Secretary of the Court of First Instance of the place where the farm or most of it is located.
C) Application.- The intervention of a lawyer is necessary if the value of the property exceeds 6000 euros.
D) Legitimation.- Request from the owner of the farm that is intended to be demarcated from the adjoining ones.
In the case of registered properties, the competence belongs to the notary in accordance with the provisions of article 200 of the Mortgage Law, in force as of November 1, 2015.
5.- CLAIM FOR MONEY DEBTS NOT SATISFIED. Creation of executive titles.
A) Regulation.- Articles 70 and 71 Law of Notaries.
B) Competition.- Exclusive Notarial.
Notary public residing at the debtor's domicile consigned in the document proving the debt or documented evidence, or at the debtor's habitual residence or at the place where the debtor could be found, which requires the debtor to pay, when the debt , is accredited in the documentary form, which in the opinion of the Notary, is indubitable.
C) Application.- The assistance of a lawyer or solicitor is not necessary.
D) Initiative.- Creditor who claims payment of the debt. It is not applicable to debts that are based on a contract between a businessman or professional and a consumer or user; Those based on article 21 of the horizontal property law, not the Civil Code of Catalonia; Maintenance debts in which minors or persons with judicially modified capacity are interested, nor those that fall on unavailable materials or operations subject to judicial authorization; nor The claims in which a Public Administration is concerned.
6.- NOTARY AUCTIONS. Entry into force October 15, 2015.
A) Regulation.–
thoroughly.- Alienation of assets and right at the request of the interested party outside of an enforcement procedure
b´) Procedure.- Articles 108 and following Law of Voluntary Jurisdiction and Articles 72 and following of the Law of Notaries.
B) Competence – Courts of 1st Instance and Notary.
C) Application.- The assistance of a lawyer or solicitor is not necessary.
D) Initiative.- The person interested in the sale of goods.
7.- CONCILIATIONS
A) Regulation.-
Thoroughly.- All assumptions to avoid a lawsuit, except for the following exceptions, which are unavailable:
a) Issues in which minors and persons with judicially modified capacity for the free administration of their assets are interested. b) Issues in which the State, the Autonomous Communities and other public Administrations, Corporations or Institutions of the same nature are interested. c) Trials on civil liability against Judges and Magistrates. d) In general, the agreements that are sought on matters not subject to transaction or commitment
B´) Procedure.- Articles 139 and following of the Voluntary Jurisdiction Law and Articles 81 and following of the Notaries Law.
B) Competition.- Judges, Court Clerks, Notaries and Registrars (these only for registration issues)
C) Application.- The assistance of a lawyer or solicitor is not necessary, except for matters
D) Initiative.- The person interested in conciliation.
