Official Bulletin Castilla and León (BOCL) 212/2002, 31 October 2002
INDEX
Article 1. Object and scope of application
Article 2. Application area
Article 3. Requisitos
Article 4. Declarations and inscribable acts
Article 5. Effects
Article 6. Publicidad
Article 7. Other Registers
Article 8. Competent body
TRANSITIONAL PROVISION
Disposición Transitoria
DISPOSICIONES FINALES
Disposición Final Primera, Segunda
Article 39 of the Spanish Constitution establishes the obligation of public authorities to ensure the social, economic and legal protection of the family. In this article there is no reference to a specific family model, which requires a broader interpretation of what should be understood in this way, consistent with actual social reality.
In the society in which we live, the society of the XXI century, marriage continues to be the predominant form of union in the West, but due to the changes brought about in the last century, other types of union require regulation by part of the public estates. The stable character unions, recognized mostly by the society and called "hecho unions", are distinct options and plans for marriage that require respect for difference, both on the social and legal level.
The emergence of a new type of family relationship, not linked exclusively to the marital bond, but also to affection, consent and solidarity freely accepted to build a distinct way of life in common, obliges the Administration to establish a new administrative legal regime of the peer relationship.
The Administration cannot be aided by the social changes made in the family and marriage and by it must offer the necessary cautions to ensure that the principle of equality and freedom of the individual and of social groups in which they integrate are real and effective, removing the obstacles that impede or hinder them plenitude, as established in Article 8 of the Estatuto de Autonomía de Castilla y León.
Now, there are clear examples in the legal order of the Community of Castilla and León of the legal recognition that the Administration carries out over these unions, such as in the solicitation of living for public promotion, in access to residential plazas of centers of mayoral persons or in the perception of the minimum insertion costs, among other aspects. For this reason, it is necessary to create a register of unions of those registered in Castilla and León, which with the declarative effects of the registrations that are made in it, provides recognition to the unions of those registered and, furthermore, introduces a greater legal security that allows to avoid situations of desigualdad.
In its virtue, the Council of Castilla and León, at the proposal of the Council of Presidency and Territorial Administration, and after deliberation of the Council of Government, at its meeting on the 24th of October 2002
PROVIDES:
Article 1. Object and scope of application
The Registry of Unions of Hecho in Castilla and León is created which will tend to be of an administrative nature and will be registered by the present Decree and the following provisions.
Article 2. Application area
In the Registry, unions that form a single family, including the same sex, can be registered in an emotional relationship similar to a marital one, in a free form, whose members have lived together, at least, for a period of six months and have a habitual residence in the Community of Castilla and León.
Article 3. Requisitos
1.- The registrations will be made after solicitation of the members of the relevant union, accompanied by the accrediting documentation of the fulfillment of the following requirements:
a) Ser mayores de edad or emancipados menores.
b) Do not have a straight line parental relationship due to consanguinity or adoption, nor collateral due to consanguinity or adoption until the second degree.
c) Do not be tied by marriage.
d) Do not form a union with him with another person.
e) Not to be judicially incapacitated.
2.- Solicitors must demonstrate, in their solicitud, the desire to establish their union. Mere coexistence will be enough when the whole family descends together.
3.- A new registration will not proceed until the prior cancellation of pre-existing ones.
4.- Registrations and registration documents will tend to be free of charge.
Article 4. Declarations and inscribable acts
1.- Registration subject:
a) The constitution and extinction of the unions of this.
b) The agreements or contracts regulating personal and patrimonial relationships between the members of the unions of that person, as well as their modifications, always that said agreements are not contrary to the laws, limiting the equality of rights that corresponds to each cohabitant or seriously injudicial one of them.
2.- The agreements or contracts referred to will only have an effect on the signatory parties and will never be able to prejudice third parties.
3.- All entries in this register will tend to be voluntary.
4.- It is not possible to apply for any registration in the Registry without the joint consent of members of these unions. Only the entries that refer to the termination of the pair can be carried out at the request of only one of your members. The termination will be communicated via the Registry to another member of that union.
Article 5. Effects
1.- The registration in the Registry of Unions of Hecho of the Community of Castilla and León will have declarative effects on the establishment and termination of the unions of hecho, as well as with respect to the contracts regulating personal and patrimonial relationships and their modification.
2.- The legal validity and effects of the mentioned contracts will occur at the margin of your registration in the register.
3.- The unions of those so registered will enjoy the rights and obligations that are recognized by the Laws of the State in the terms that are signaled, and by their own members of the Community of Castilla and León.
Article 6. Publicidad
1.- The contents of the Registry will be accredited through the appropriate administrative certification.
2.- The publicity of the Registro de Uniones de Hecho de Castilla y León will be limited exclusively to the expedición de certificaciones de sus asientos in stance of any member of the union concerned or of the Juices or Courts of Justice.
Article 7. Other Registers
Registration in the Registers of Unions of Hecho of the local entities of the Community will not be obstructed as this can also be achieved in the Registry of Unions of Hecho of Castilla and León, as long as this circumstance must be observed at the time of its registration.
Article 8. Competent body
The Registro de Uniones de Hecho is registered with the Dirección General of the Secretariado de la Junta y Relaciones Institucionales de la Consejería de Presidencia y Administración Territorial.
TRANSITIONAL PROVISION
The period of cohabitation that has passed prior to the entry into force of this Decree must be taken into account by the effects of the six month period to which Article 2 refers, if the members of the union are aware of it.
DISPOSICIONES FINALES
Disposición Final Primera
The Consejería de Presidencia y Administración Territorial is entitled to dictate the provisions that correspond to the development and implementation of this Decree.
Disposición Final Segunda
This Decree will come into force within 60 natural days of its publication in the «Official Bulletin of Castilla and León».
