- PRELIMINARY TITLE _ On legal rules, their application and effectiveness
- BOOK I _ On persons
- TITLE ONE _ On Spaniards and foreigners
- TITLE II _ On the birth and extinguishing of civil personality
- TITLE III _ On domicile
- TITLE IV _ On marriage
- CHAPTER ONE On the promise of marriage
- CHAPTER 2º On the requirements of marriage
- CHAPTER 3º On the form of performing the marriage
- CHAPTER 4º On registration of the marriage in the Civil Registry
- CHAPTER 5º On the rights and duties of the spouses
- CHAPTER 6º On the nullity of the marriage
- CHAPTER 7º On separation
- CHAPTER 8º On the dissolution of the marriage
- CHAPTER 9º On effects common to annulment, separation and divorce
- CHAPTER 10º On interim measures as a result of the claim for annulment, separation or divorce
- CHAPTER 11º Law applicable to nullity, separation and divorce
- TITLE V _ On paternity and filiation
- TITLE VI _ On support between relatives
- TITLE VII _ On parent-child relations
- TITLE VIII _ On absence
- TITLE IX _ On incapacitation
- TITLE X _ On guardianship, conservatorship and custody of minors and incapacitated persons
- TITLE XI _ On legal age and emancipation
- TITLE XII _ On the Registry of Civil Status
- BOOK II _ On property, ownership and its modifications
- BOOK III _ On the different ways of acquiring ownership
- BOOK IV _ On obligations and contracts
- TITLE ONE _ On obligations
- TITLE II _ On contracts
- TITLE III _ On the marriage property regime
- TITLE IV _ On the contract of sale and purchase
- CHAPTER ONE On the nature and form of this contract
- CHAPTER 2º On the capacity to purchase or sell
- CHAPTER 3º On the effects of the contract of sale and purchase when the thing sold is lost
- CHAPTER 4º On the seller’s obligations
- CHAPTER 5º On the purchaser’s obligations
- CHAPTER 6º On termination of the sale
- CHAPTER 7º On the transfer of credits and other incorporeal rights
- CHAPTER 8º General provision
- TITLE V _ On barter
- TITLE VI _ On the lease contract
- TITLE VII _ On ground rents (censos)
- TITLE VIII _ On partnerships
- TITLE IX _ On the mandate
- TITLE X _ On the loan
- TITLE XI _ On deposit
- TITLE XII _On random or chance-based contracts
- TITLE XIII _ On settlements and compromises
- TITLE XIV _ On guaranty
- TITLE XV _ On the contracts of pledge, mortgage and antichresis
- TITLE XVI _ On obligations which are entered into without an agreement
- TITLE XVII _ On the concurrence and priority of credits
- TITLE XVIII _ On prescription
Spanish Civil Code
2009
Colección:Traducciones del derecho español
Edita: © MINISTERIO DE JUSTICIA - SECRETARÍA GENERAL TÉCNICA
NIPO: 051-09-014-0 Traducción jurada realizada por: Dª Sofía de Ramón-Laca Clausen
Maquetación: DIN Impresores, S.L. Cabo Tortosa, 13-15. Pol. Ind Borondo - 28500 - Arganda del Rey (Madrid)
SPANISH CIVIL CODE
PRELIMINARY TITLE
On legal rules, their application and effectiveness
CHAPTER ONE
Sources of law
Article 1. - The sources of the Spanish legal system are statutes, customs and general legal principles.
- Any provisions which contradict another of higher rank shall be invalid.
- Customs shall only apply in the absence of applicable statutes, provided that they are not contrary to morals or public policy, and that it is proven. Legal uses which are not merely for the interpretation of a declaration of will shall be considered customs.
- General legal principles shall apply in the absence of applicable statute or custom, without prejudice to the fact that they contribute to shape the legal system.
- Legal rules contained in international treaties shall have no direct application in Spain until they have become part of the domestic legal system by full publication thereof in the Spanish Official State Gazette.
- Case law shall complement the legal system by means of the doctrine repeatedly upheld by the Supreme Court in its interpretation and application of statutes, customs and general legal principles.
- Judges and Courts shall have the inexcusable duty to resolve in any event on the issues brought before them, abiding by system of sources set forth herein.
Article 2. - Statutes shall enter into force twenty days after their full publication in the Official State Gazette, unless otherwise provided therein.
- Statutes may only be repealed by subsequent statutes. Such repeal shall have the scope expressly provided therein, and shall always extend to any provisions of the new statute on the same matter which are incompatible with the prior statute. Mere abrogation of a statute shall not entail recovery of the force and effect of any provisions repealed thereby.
- Statutes shall not have retroactive effect, unless otherwise provided therein.
CHAPTER 2º
Application of legal rules
Article 3. - Rules shall be construed according to the proper meaning of their wording and in connection with the context, with their historical and legislative background and with the social reality of the time in which they are to be applied, mainly attending to their spirit and purpose.
- Equity must be taken into account in applying rules, but the resolutions of the Courts may only be based exclusively on equity when the law expressly allows this.
Article 4.
1. Where the relevant rules fail to contemplate a specific case, but do regulate another similar one in which the same ratio is perceived, the latter rule shall be applied by analogy. - Criminal statutes, exceptional statutes and statutes of temporary nature shall not be applied in cases or times other than as expressly provided therein.
- The provisions of this Code shall be of subsidiary application in matters governed by other statutes.
Article 5. - Unless otherwise provided, for periods stated in number of days, counting from a particular date, the latter shall be excluded from the calculation, which shall begin on the following day; and periods set in number of months or years shall be calculated from date to date. Where on the month of the expiration date there should be no date equivalent to the initial date of the period, the period shall be deemed to expire on the last day of the month.
- Calculation of periods according to civil law shall not exclude non-business days.
CHAPTER 3º
General effectiveness of legal rules.
Article 6. - Ignorance of the law does not excuse from compliance thereof. Error in law shall only have the effects provided in the law.
- The voluntary exclusion of applicable law and the waiver of any rights acknowledged therein shall only be valid when they do not contradict the public interest or public policy or cause a detriment to third parties.
- Acts contrary to mandatory and prohibitive rules shall be null and void by operation of law, save where such rules should provide for a different effect in the event of violation.
- Acts performed pursuant to the text of a legal rule, which pursue a result forbidden by the legal system or contrary thereto shall be considered to be in fraud of the law and shall not prevent the due application of the rule which they purported to avoid.
Article 7. - Rights must be exercised in accordance with the requirements of good faith.
- The law does not support abuse of rights or antisocial exercise thereof. Any act or omission which, as a result of the author’s intention, its purpose or the circumstances in which it is performed manifestly exceeds the normal limits to exercise a right, with damage to a third party, shall give rise to the corresponding compensation and the adoption of judicial or administrative measures preventing persistence in such abuse.
CHAPTER 4º
Rules of private international law
Article 8. - Criminal, police and public security statutes shall be binding on all persons within Spanish territory.
- (repealed).
Article 9.
1. The personal law applicable to an individual shall be determined by his nationality. Such law shall govern capacity and civil status, family rights and duties and mortis causa succession. A change in personal law shall not affect the coming of age acquired in accordance with the former personal law. - The effects of marriage shall be governed by the personal law common to the spouses at the time of the marriage; in the absence thereof, by the personal law or the law of the place of residence of any of them, chosen by both in an authentic instrument executed prior to the marriage ceremony; in the absence of such election, by the law of the place of habitual residence common to both immediately after the ceremony and, in the absence of such residence, by that of the place of the marriage ceremony. Legal separation and divorce shall be governed by the law provided in article 107.
- Covenants or marriage articles stipulating, amending or replacing the property regime of the marriage shall be valid when they are in accordance with either the law governing the effects of the marriage, or the law of the nationality or habitual residence of either party at the time of execution thereof.
- The nature and content of filiation, including filiation by adoption, and the relations between parents and their children, shall be governed by the personal law of the child and, if this cannot be determined, the law of his habitual residence.
- International adoption shall be governed by the provisions of the International Adoption Law. Likewise, adoptions decreed by foreign authorities shall be effective in Spain in accordance with the provisions of the aforementioned International Adoption Law.
- Guardianship and other institutions to protect incapable persons shall be regulated by the latter’s national law. Notwithstanding the foregoing, provisional or urgent protection measures shall be governed by the law of his habitual residence. The formalities to constitute guardianship and other protection institutions in which Spanish judicial or administrative authorities should participate shall in any event be performed in accordance with Spanish law. Spanish law shall apply to the taking of protective and educational measures relating to abandoned minors or incapable persons within Spanish territory.
- The right to support between relatives shall be governed by the common national law of the giver and the recipient of such support. Notwithstanding the foregoing, the law of the habitual residence of the person claiming such support shall apply where the latter cannot obtain it in accordance with the common national law. In the absence of both such laws, or where neither allows to obtain support, the domestic law of the authority hearing the claim shall apply. In the event of a change in the common nationality or habitual residence of the recipient of support, the new law shall apply from the time of such change.
- Succession mortis causa shall be governed by the national law of the decedent at the time of his death, whatever the nature of the property and the country in which it is located. However, testamentary provisions and covenants relating to future succession executed in accordance with the national law of the testator or bequeather at the time of execution thereof shall remain valid even if another law is to govern the succession. Rights attributed by operation of law to the surviving spouse shall be governed by the same law which governs the effects of marriage, respecting at all times the forced share allocated to the descendants.
- For the purposes of the present chapter, the provisions of the international treaties shall apply to situations of dual nationality provided under Spanish law, and, in the absence of such provisions, the nationality of the last place of habitual residence and, in the absence thereof, the last nationality acquired shall be preferred. In any event, Spanish nationality shall prevail for persons who also hold another nationality that is not provided for in Spanish statutes or international treaties. If such person should hold two or more nationalities, and none should be Spanish, the provisions of the following section shall apply.
- The law of the place of habitual residence shall be deemed to be the personal law of persons without nationality or with indeterminate nationality.
- The personal law corresponding to legal entities shall be determined by their nationality, and shall apply in all matters relating to their capacity, incorporation, representation, operation, transformation, dissolution and termination. In mergers between companies of different nationalities their respective personal laws shall be taken into account.
Article 10. - Possession, ownership and other rights over immovable property and publicity thereof shall be governed by the law of the place where such property located. The same law shall apply to movable property. For the purposes of creating or assigning rights over goods in transit, the latter shall be deemed to be located at their place of dispatch, unless the sender and the recipient should have expressly or implicitly agreed to deem them to be located at their place of destination.
- Vessels, aircraft and railway transport vehicles, and all rights created thereon, shall be subject to the law of their flag, matriculation or registration. Automobiles and other road transport vehicles shall be subject to the law of the place where they are located.
- The issuance of securities shall be subject to the law of the place where it takes place.
- Intellectual and industrial property rights shall be protected within Spanish territory in accordance with Spanish law, without prejudice to the provisions of international treaties and conventions to which Spain is a party.
- The law to which the parties have expressly submitted shall apply to contractual obligations, provided that it has some connection with the transaction in question; in the absence thereof, the national law common to the parties shall apply; in the absence thereof, that of their common habitual residence and, lastly, the law of the place where the contract has been entered into. Notwithstanding the provisions of the preceding paragraph, in the absence of express submission, contracts relating to immovable property shall be governed by the law of the place of their location, and sale and purchases of material movable property in commercial establishments by the law of the location of such establishments.
- In the absence of express submission by the parties and without prejudice to the provisions of section 1 article 8, obligations resulting from a labour contract shall be governed by the law of the place where the services are provided.
- Gifts shall in any event be governed by the national law of the donor.
- Contracts for valuable consideration entered into in Spain by a foreigner without sufficient capacity according to his national law shall be valid for the purposes of Spanish law if the cause of his lack of capacity should not be recognised under Spanish law. This rule shall not apply to contracts relating to immovable property located abroad.
- Non-contractual obligations shall be governed by the law of the place where the event from which they result took place. The management of another’s business shall be governed by the law of the place of the manager’s main activity. Unjust enrichment shall be governed by the law pursuant to which the transfer of assets in favour of the enriched person took place.
- The law applicable to an obligation shall also govern the requirements for its performance and the consequences of its breach, and the extinction thereof. Notwithstanding the foregoing, the law of the place of performance shall apply to modes of enforcement which require judicial or administrative intervention.
- Legal representation shall be governed by the law regulating the legal relationship from which result the representative’s powers, voluntary representation, in the absence of express submission, by the law of the country where the powers conferred are to be exercised.
Article 11.
1. Forms and solemnities of contracts, wills and other legal acts shall be governed by the law of the country in which they are executed. Notwithstanding the foregoing, those entered into according to the forms and solemnities required by the law applicable to their content, and those entered into in accordance with the personal law of the grantor or the law common to the parties shall also be valid. Likewise, acts and contracts relating to immovable property executed in accordance with the forms and solemnities of the place where the property is located shall also be valid.
If such acts should be executed on board vessels or aircraft during navigation or flight, they shall be deemed entered into in the country of their flag, matriculation or registration. Military vessels and aircraft shall be deemed a part of the territory of the State to which they belong. - If the law regulating the content of acts and contracts should require a particular form or solemnity for the validity thereof, this shall always apply, even if they are executed abroad.
- Spanish law shall apply to contracts, wills and other legal acts authorised by Spanish diplomatic or consular officers abroad.
Article 12. - Classification to determine the applicable conflict of laws rule shall always be made in accordance with Spanish law.
- Referral to foreign law shall be deemed made to its material law, without taking into account any renvoi made by its conflict of laws rules to another law other than Spanish law
- In no event shall foreign law apply where it is contrary to public policy.
- The use of a conflict of laws rule to elude a mandatory Spanish law shall be deemed to constitute fraud of the law.
- Where a conflict of laws rule should refer to the legislation of a State in which different legislative systems should coexist, the determination of which one is applicable shall be made in accordance with the legislation of such State.
- The Courts and authorities shall apply Spanish conflict of laws rules ex officio.
CHAPTER 5º
Scope of application of coexisting civil law regulations within national territory
Article 13. - The provisions of this preliminary title, to the extent that they determine the effects of laws and the general rules governing their application, and those of title IV book I, with the exception of the rules in the latter relating to marriage property regime, shall be of general and direct application in all of Spain.
- For the rest, fully respecting any specific or regional law of any provinces or territories in which such law should apply, the provisions of the Civil Code shall apply on a subsidiary basis, in the absence of a subsidiary law in each of them, according to their specific rules.
Article 14. - Submission to common civil law or to specific or regional law is determined by civil residence.
- Persons born from parents with civil residence within common law territory or in specific or regional law territories shall have the same civil residence as their parents. The non-emancipated adoptee shall acquire the adoptive parents’ civil residence pursuant to the adoption.
- If the parents should have different civil residence upon the birth or adoption of their child, the child shall have the civil residence corresponding to the parent in respect of whom the child’s filiation should have been determined first; in the absence thereof, that of his place of birth and, lastly, the civil residence of common law. Notwithstanding the foregoing, the parents, or the parent who exercises or has been attributed parental authority, may attribute to the child the civil residence of either within six months following the birth or adoption. Deprivation or suspension in the exercise of parental authority, or a change of civil residence of the parents shall not affect the civil residence of their children. In any event, the child, from his fourteenth birthday and until one year after his emancipation, may either opt for the civil residence of his place of birth or the last civil residence of either parent. If he should not have been emancipated, he must be assisted in his choice by his legal representative.
- Marriage does not alter civil residence. Notwithstanding the foregoing, either of the spouses who is not legally or de facto separated may at any time opt for the civil residence of the other.
- Civil residence is acquired:
- By two years’ continued residence, provided that the interested party declares that such is his intention.
- By ten years’ continued residence, without declaration to the contrary during such period. Both declarations shall be noted in the Civil Registry and shall not require to be repeated.
- In case of doubt, the civil residence corresponding to the place of birth shall prevail.
Article 15. - The foreigner who acquires Spanish nationality must, upon registration of the acquisition of such nationality,
- opt for any of the following civil residences: a) The one corresponding to the place of residence. b) The one corresponding to the place of birth. c) The last civil residence of any of his parents or adoptive parents. d) The spouse’s. Depending on the capacity of the interested party to acquire said nationality, such election shall be made by the relevant person himself or assisted by his legal representative, or by the representative. If nationality should be acquired as a result of a declaration or request by the legal representative, the necessary authorisation must determine which civil residence is to be chosen.
- The foreigner who acquires Spanish nationality by naturalisation shall have the civil residence determined in the Royal Decree granting such naturalisation, taking into account his choice, in accordance with the provisions of the preceding section or other circumstances present in the applicant.
- Recovery of Spanish nationality shall entail recovery of the civil residence held by the interested party at the time of its loss.
- Personal dependence in respect of a region or locality with a proprietary or different civil specialty, within specific or regional legislation applicable to the relevant territory shall be governed by the provisions of the present and of the preceding article.
Article 16.
1. Conflicts of laws which may arise as a result of the coexistence of different civil legislations within national territories shall be resolved according to the rules provided in chapter IV, with the following particularities: - Personal law shall be as determined by civil residence.
- The provisions of sections 1, 2 and 3 article 12 on classification, referral and public policy shall not apply.
- The widowhood rights provided in the Compilation of Aragon shall correspond to spouses subject to the marriage property regime provided in such Compilation, even if they should later change their civil residence, excluding, in this case, the forced share set forth in the applicable succession law. Expectant widowhood rights shall not be effective against an acquirer for valuable consideration in good faith of any properties not located within the territory where such right is recognised, if the contract should have been entered into outside such territory without noting the transferor’s marriage property regime. The widow’s usufruct shall also correspond to the surviving spouse where the predeceased spouse should have civil residence in Aragon at the time of his death.
- The effects of marriage between Spaniards shall be governed by the applicable Spanish law according to the criteria provided in article 9 and, in the absence thereof, by the Civil Code. In this last case the separation of estates regime provided in the Civil Code shall apply if such kind of regime must apply according to the personal law of both of the spouses.
BOOK I
On persons
TITLE ONE
On Spaniards and foreigners
Article 17. - The following persons are Spaniards by birth: a) Those born of a Spanish mother or father. b) Those born in Spain of foreign parents if at least one of them should also have been born in Spain. The
- children of a diplomatic or consular officer credentialed in Spain shall be excepted from this rule. c) Those born in Spain of foreign parents if both of them should be without nationality or if the legislation of neither should grant a nationality to the child. d) Those born in Spain of uncertain filiation. For these purposes, minors whose first known place of existence is in Spanish territory shall be presumed born within Spanish territory.
- Filiation or birth in Spain determined after the person is eighteen shall not by themselves constitute grounds to acquire Spanish nationality. The interested party shall then be entitled to opt for Spanish nationality by birth within two years counting from such determination.
Article 18. The possession and continued use of Spanish nationality for ten years, in good faith and based on a title registered in the Civil Registry shall constitute grounds for the consolidation of Spanish nationality, even if the title which originated should be annulled.
Article 19. - A foreigner younger than eighteen adopted by a Spaniard shall acquire Spanish nationality by birth as of the adoption.
- If the adoptee should be older than eighteen, he may opt for Spanish nationality by birth within two years following the adoption.
Article 20.
1. Persons who are or have been subject to the parental authority of a Spaniard, and those comprised within the last section of articles 17 and 19 shall be entitled to opt for the Spanish nationality.
2. The declaration of option shall be formulated: a) By the legal representative of the person who makes the option where the latter should be younger than fourteen or incapacitated. In this case the option shall require the authorisation of the officer in charge of the Civil Registry of the domicile of the person who makes the declaration, after issuance of an opinion by the Public Prosecutor. Such authorisation shall be granted in the interests of the minor or incapacitated person. b) By the interested party, assisted by his legal representative, if he is older than fourteen or when, in spite of his incapacity, he should be allowed to do so by the incapacitation judgement. c) By the interested party, by himself, if he is emancipated or older than eighteen. The right to exercise the option will expire when he turns twenty, but if he should not be emancipated according to his personal law upon turning eighteen, the period to exercise the option shall be extended until two years after his emancipation.
d) By the interested party, by himself, within two years following recovery of full legal capacity. The case where the right to exercise the option should have expired in accordance with section c) shall be excepted therefrom.
Article 21. - Spanish nationality shall be acquired by naturalisation, granted discretionally pursuant to Royal Decree, when special circumstances concur in the interested party.
- Spanish nationality shall also be acquired by residence in Spain, in the conditions provided in the following article, and shall be granted by the Minister of Justice, who may refuse it on reasoned grounds of public policy or national interest.
- In both cases, the application may be formulated by: a) The interested party who is emancipated or older than eighteen. b) The person older than fourteen assisted by his legal representative. c) The legal representative of a person younger than fourteen. d) The legal representative of the incapacitated person, or the incapacitated person by himself or duly
- assisted, as results from the incapacitation judgement. In this case and in the former, the legal representative may only formulate the application if he previously obtains an authorisation in accordance with the provisions of letter a) section 2 of the preceding article.
- The granting of nationality pursuant to naturalisation or residence shall expire after one hundred and eighty days if the interested party does not within such period appear before a competent officer to comply with the requirements provided in article 23.
Article 22. - Granting of nationality pursuant to residence shall require ten years’ residence. Five years shall be sufficient for persons who have obtained asylum or refugees, and two years for citizens by birth of Latin-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, or for Sephardic Jews.
- One year’s residence shall be sufficient for: a) A person born within Spanish territory. b) A person who has not exercised his option right in due time. c) A person who has been legally subject to guardianship, custody or care by a Spanish citizen or institution
- for two consecutive years, even if such situation should persist at the time of the application. d) The person who, at the time of the application, has been married to a Spaniard for one year and is not legally or de facto separated. e) The widow or widower of a Spaniard if, upon the death of the spouse they should not be legally or de facto separated. f) The person born outside of Spain from a father or mother who were originally Spanish.
- In all cases residence must be legal, ongoing and immediately prior to the application. For the purposes of the provisions of letter d) of the preceding section, the spouse cohabiting with a Spanish diplomatic or consular officer credentialed abroad shall be deemed to have legal residence in Spain.
- The interested party must evidence good civic conduct and a sufficient degree of integration in Spanish society in the proceedings regulated by the Civil Registry legislation.
- The granting or refusal of nationality pursuant to residence shall be open to contentious administrative appeal.
Article 23. The following are common requirements for the validity of the acquisition of Spanish nationality by option, naturalisation or residence: a) For the person older than fourteen and capable of issuing a statement by himself to swear or promise fidelity to the King and obedience to the Constitution and the law. b) For the same person to declare that he renounces his prior nationality. Nationals of the countries mentioned in section 2 article 24 shall be excepted from this requirement. c) For the acquisition to be registered with the Spanish Civil Registry.
Article 24. - Emancipated persons habitually resident abroad who voluntarily acquire another nationality or who exclusively use their foreign nationality attributed prior to their emancipation shall lose their Spanish nationality.
- Such loss shall take place after the lapse of tree years, counting, respectively, from the acquisition of the foreign nationality or from the emancipation. Acquisition of the nationality of Latin American countries, Andorra, the Philippines, Equatorial Guinea or Portugal shall not be sufficient to cause the loss of Spanish nationality by birth.
- In any event, emancipated Spaniards who expressly renounce their Spanish nationality shall lose it if they have another nationality and have their residence abroad.
- Loss of Spanish nationality shall not take place pursuant to the provisions of this rule if Spain should be at war.
Article 25. - Spaniards who are not Spanish by birth shall lose their nationality: a) When for a period of three years they should exclusively use the nationality which they should have declared to have renounced upon acquiring Spanish nationality.
- b) When they should voluntarily enter the armed forces or exercise public office in a foreign State against the Government’s express prohibition.
- A final judgement holding that the relevant party has incurred in misrepresentation, concealment or fraud in the acquisition of Spanish nationality shall cause such acquisition’s being null and void, although no prejudicial effects shall result for third parties in good faith. The action for annulment must be exercised by the Public Prosecutor ex officio or pursuant to a complaint, within a period of fifteen years.
Article 26.
1. A person who has lost his Spanish nationality may recover it by meeting the following requirements:
a) Being a legal resident in Spain. This requirement shall not apply to emigrants or to the children of emigrants. In the remaining cases, it may be waived by the Minister of Justice in the event of exceptional circumstances.
b) Declaring before the officer in charge of the Civil Registry his intention to recover Spanish nationality, and c) Registering the recovery in the Civil Registry.
2. Persons incurring in any of the grounds provided in the preceding article may not recover or acquire, as the case may be, Spanish nationality, without the Government’s prior authorisation, to be granted discretionally:
Article 27. Foreigners shall enjoy in Spain the same civil rights as Spaniards, save as provided in specific statutes and Treaties.
Article 28. Corporations, foundations and associations recognised by the law and domiciled in Spain shall have Spanish nationality, provided that they are legal entities in accordance with the provisions of the present Code. Associations domiciled abroad shall have in Spain the consideration and rights determined in the treaties or specific statutes.
TITLE II
On the birth and extinguishing of civil personality
CHAPTER ONE
On natural persons
Article 29. Birth determines personality; but the child conceived shall be deemed already born for all purposes favourable to him, provided that he should be born meeting the conditions expressed in the following article.
Article 30. For civil purposes, only the foetus with human appearance that lives for twenty four hours fully separated from the mother’s womb shall be deemed to have been born.
Article 31. In the event of double births, priority in birth shall entitle the first child born to the rights recognised in the law to the firstborn.
Article 32. Civil personality shall be extinguished as a result of death.
Article 33. Between two persons called to succeed each other, in the event of doubt as to which of them died first, the person holding that one or the other died first must prove it; in the absence of evidence, they shall be presumed to have died at the same time, and no transfer of rights from one to the other shall take place.
Article 34. The provisions of title VIII of the present book shall apply to the presumption of the death of the absentee and its effects.
CHAPTER 2º
On legal entities
Article 35. The following shall be legal entities: - Corporations, associations and foundations of public interest recognised by the law. Their personality shall begin from the very moment in which they should have been validly incorporated in accordance with the law.
- Associations of private interest, whether civil, commercial or industrial, to which the law grants legal personality independent of that of each member.
Article 36. Associations mentioned in number 2 of the preceding article shall be governed by the provisions relating to the partnership contract, depending on the nature thereof.
Article 37. The civil capacity of corporations shall be governed by the laws which have created or recognised them; that of associations, by their articles, and that of foundations by their regulations, duly approved by an administrative resolution, where this requirement should be necessary.
Article 38. Legal entities may acquire and possess property of all kinds, and contract obligations and exercise civil and criminal actions, in accordance with the laws and internal regulations. The Church shall be governed in this matter by the provisions of the concordat between both powers, and educational and charitable establishments by the provisions of specific statutes.
Article 39. If, as a result of expiration of their legal term, or as a result of the fulfilment of the purpose for which they were created, or of the impossibility of applying to the former the activity and the means available to them, corporations, associations and foundations should cease to operate, their property shall be allocated as provided in the laws, articles of association or foundational articles. In the absence of any prior provision, such property shall be allocated to the performance of analogous purposes in the interests of the region, province or Municipality principally entitled to receive the benefits of the extinguished institutions.
TITLE III
On domicile
Article 40. The domicile of natural persons for the purposes of the exercise of civil rights and the performance of civil obligations shall be their place of habitual residence and, as the case may be, their domicile as determined by the Civil Procedural Law. The domicile of diplomats resident abroad as a result of their post, who enjoy the right of extraterritoriality shall be their last domicile in Spanish territory.
Article 41. Where neither the law which created or recognised them or the articles of association or foundational articles should establish the domicile of legal entities, it shall be deemed to be in the place where their legal representation is located, or where they exercise their main institutional functions.
Colección:Traducciones del derecho español
Edita: © MINISTERIO DE JUSTICIA - SECRETARÍA GENERAL TÉCNICA
NIPO: 051-09-014-0 Traducción jurada realizada por: Dª Sofía de Ramón-Laca Clausen
Maquetación: DIN Impresores, S.L. Cabo Tortosa, 13-15. Pol. Ind Borondo - 28500 - Arganda del Rey (Madrid)
SPANISH CIVIL CODE
On legal rules, their application and effectiveness
CHAPTER ONE
Sources of law
Article 1. Article 2. CHAPTER 2º
Application of legal rules
Article 3. Article 4.
1. Where the relevant rules fail to contemplate a specific case, but do regulate another similar one in which the same ratio is perceived, the latter rule shall be applied by analogy. Article 5. CHAPTER 3º
General effectiveness of legal rules.
Article 6. Article 7. CHAPTER 4º
Rules of private international law
Article 8. Article 9.
1. The personal law applicable to an individual shall be determined by his nationality. Such law shall govern capacity and civil status, family rights and duties and mortis causa succession. A change in personal law shall not affect the coming of age acquired in accordance with the former personal law. Article 10. Article 11.
1. Forms and solemnities of contracts, wills and other legal acts shall be governed by the law of the country in which they are executed. Notwithstanding the foregoing, those entered into according to the forms and solemnities required by the law applicable to their content, and those entered into in accordance with the personal law of the grantor or the law common to the parties shall also be valid. Likewise, acts and contracts relating to immovable property executed in accordance with the forms and solemnities of the place where the property is located shall also be valid.
If such acts should be executed on board vessels or aircraft during navigation or flight, they shall be deemed entered into in the country of their flag, matriculation or registration. Military vessels and aircraft shall be deemed a part of the territory of the State to which they belong. Article 12. CHAPTER 5º
Scope of application of coexisting civil law regulations within national territory
Article 13. Article 14. Article 15. Article 16.
1. Conflicts of laws which may arise as a result of the coexistence of different civil legislations within national territories shall be resolved according to the rules provided in chapter IV, with the following particularities: On persons
On Spaniards and foreigners
Article 17. Article 18. The possession and continued use of Spanish nationality for ten years, in good faith and based on a title registered in the Civil Registry shall constitute grounds for the consolidation of Spanish nationality, even if the title which originated should be annulled.
Article 19. Article 20.
1. Persons who are or have been subject to the parental authority of a Spaniard, and those comprised within the last section of articles 17 and 19 shall be entitled to opt for the Spanish nationality.
2. The declaration of option shall be formulated: a) By the legal representative of the person who makes the option where the latter should be younger than fourteen or incapacitated. In this case the option shall require the authorisation of the officer in charge of the Civil Registry of the domicile of the person who makes the declaration, after issuance of an opinion by the Public Prosecutor. Such authorisation shall be granted in the interests of the minor or incapacitated person. b) By the interested party, assisted by his legal representative, if he is older than fourteen or when, in spite of his incapacity, he should be allowed to do so by the incapacitation judgement. c) By the interested party, by himself, if he is emancipated or older than eighteen. The right to exercise the option will expire when he turns twenty, but if he should not be emancipated according to his personal law upon turning eighteen, the period to exercise the option shall be extended until two years after his emancipation.
d) By the interested party, by himself, within two years following recovery of full legal capacity. The case where the right to exercise the option should have expired in accordance with section c) shall be excepted therefrom.
Article 21. Article 22. Article 23. The following are common requirements for the validity of the acquisition of Spanish nationality by option, naturalisation or residence: a) For the person older than fourteen and capable of issuing a statement by himself to swear or promise fidelity to the King and obedience to the Constitution and the law. b) For the same person to declare that he renounces his prior nationality. Nationals of the countries mentioned in section 2 article 24 shall be excepted from this requirement. c) For the acquisition to be registered with the Spanish Civil Registry.
Article 24. Article 25. Article 26.
1. A person who has lost his Spanish nationality may recover it by meeting the following requirements:
a) Being a legal resident in Spain. This requirement shall not apply to emigrants or to the children of emigrants. In the remaining cases, it may be waived by the Minister of Justice in the event of exceptional circumstances.
b) Declaring before the officer in charge of the Civil Registry his intention to recover Spanish nationality, and c) Registering the recovery in the Civil Registry.
2. Persons incurring in any of the grounds provided in the preceding article may not recover or acquire, as the case may be, Spanish nationality, without the Government’s prior authorisation, to be granted discretionally:
Article 27. Foreigners shall enjoy in Spain the same civil rights as Spaniards, save as provided in specific statutes and Treaties.
Article 28. Corporations, foundations and associations recognised by the law and domiciled in Spain shall have Spanish nationality, provided that they are legal entities in accordance with the provisions of the present Code. Associations domiciled abroad shall have in Spain the consideration and rights determined in the treaties or specific statutes.
On the birth and extinguishing of civil personality
CHAPTER ONE
On natural persons
Article 29. Birth determines personality; but the child conceived shall be deemed already born for all purposes favourable to him, provided that he should be born meeting the conditions expressed in the following article.
Article 30. For civil purposes, only the foetus with human appearance that lives for twenty four hours fully separated from the mother’s womb shall be deemed to have been born.
Article 31. In the event of double births, priority in birth shall entitle the first child born to the rights recognised in the law to the firstborn.
Article 32. Civil personality shall be extinguished as a result of death.
Article 33. Between two persons called to succeed each other, in the event of doubt as to which of them died first, the person holding that one or the other died first must prove it; in the absence of evidence, they shall be presumed to have died at the same time, and no transfer of rights from one to the other shall take place.
Article 34. The provisions of title VIII of the present book shall apply to the presumption of the death of the absentee and its effects.
CHAPTER 2º
On legal entities
Article 35. The following shall be legal entities: Article 36. Associations mentioned in number 2 of the preceding article shall be governed by the provisions relating to the partnership contract, depending on the nature thereof.
Article 37. The civil capacity of corporations shall be governed by the laws which have created or recognised them; that of associations, by their articles, and that of foundations by their regulations, duly approved by an administrative resolution, where this requirement should be necessary.
Article 38. Legal entities may acquire and possess property of all kinds, and contract obligations and exercise civil and criminal actions, in accordance with the laws and internal regulations. The Church shall be governed in this matter by the provisions of the concordat between both powers, and educational and charitable establishments by the provisions of specific statutes.
Article 39. If, as a result of expiration of their legal term, or as a result of the fulfilment of the purpose for which they were created, or of the impossibility of applying to the former the activity and the means available to them, corporations, associations and foundations should cease to operate, their property shall be allocated as provided in the laws, articles of association or foundational articles. In the absence of any prior provision, such property shall be allocated to the performance of analogous purposes in the interests of the region, province or Municipality principally entitled to receive the benefits of the extinguished institutions.
On domicile
Article 40. The domicile of natural persons for the purposes of the exercise of civil rights and the performance of civil obligations shall be their place of habitual residence and, as the case may be, their domicile as determined by the Civil Procedural Law. The domicile of diplomats resident abroad as a result of their post, who enjoy the right of extraterritoriality shall be their last domicile in Spanish territory.
Article 41. Where neither the law which created or recognised them or the articles of association or foundational articles should establish the domicile of legal entities, it shall be deemed to be in the place where their legal representation is located, or where they exercise their main institutional functions.
PRELIMINARY TITLE
BOOK I
TITLE ONE
TITLE II
TITLE III