Ventajas de las competencias compartidas de los notarios y registradores con los secretarios judiciales ante el Anteproyecto de Ley de Jurisdicción Voluntaria

• Autores: Jesús Seoane Cacharrón
• Localización: El notario del siglo XXI: revista del Colegio Notarial de Madrid, ISSN 1885-009X, Nº. 54, 2014
• Idioma: español
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• Dialnet Métricas: 1 Cita
• Resumen

  • Voluntary Jurisdiction Act should regulate all matters concerning voluntary jurisdiction in the judicial sphere referred to in the Draft Bill of the Board of the Codification Commission of October 2005 and in the Government Bill of October 27th, 2006. Powers of court clerks should be preserved, in such way that all matters assigned to public notaries and registrars are also assigned alternatively to court clerks, without prejudice to the exclusive jurisdiction of court clerks in matters of authorization and appointment of guardian ad litem, declaration of absence, legal presumption of death and conciliations.

    This Act should preserve the authority of public notaries to perform civil marriages and to handle legal separations and divorces by mutual consent in those cases that do not involve minor or incapacitated children. Such authority should be shared alternatively with court clerks.

    Small debts proceedings shall remain exclusively in the jurisdictional sphere.

    The exemption of court fees should remain applicable to all proceedings related to voluntary jurisdiction. Voluntary jurisdiction cases processed by public notaries and registrars will no longer require the involvement of a lawyer and a court attorney. Furthermore, cases processed by public notaries should no longer need approval of the courts or registries.

    In short, we can assert that the alternative sharing of competences between public notaries, registrars, and court clerks will bring major benefits for citizens, who will have the chance to consider which legal professional to chose depending on the circumstances. This system will as well avoid unwanted tensions between the different professions.