Royal Decree Law 6/2023, approved on December 19, 2023, has introduced significant changes to the Civil Procedure Law, which will have a notable impact on judicial proceedings. According to the 9th Final Provision of said decree, these amendments will come into force as of 20/03/2024.
The main changes introduced in the Civil Procedure Law are as follows:
1.A preferential processing regime is established for proceedings involving persons over 80 years of age and persons with disabilities. Among other issues, if they have to intervene in a hearing, they will do so in the first hours of the hearing or in the last hours of the hearing.
Modification introduced in article 7.bis and article 183 of the LEC.
2. Legal standing for the defense of the rights and interests of self-employed or self-employed workers in the arts and culture. The associations whose purpose is the defense and protection of the rights of these groups shall be entitled to legitimize their defense in court.
Modification introduced in the new article 11 quater of the LEC.
3.Novelties in the powers of attorney to attorneys. The power of attorney may be granted by electronic appearance through the Electronic Judicial Office in addition to before a notary or by personal appearance, either in person or by electronic means, before the Attorney of the Administration of Justice.
Modification introduced in article 24 of the LEC.
Claim of fees for lawyers and attorneys. In the cases in which the claims for fees are directed against an individual, the judge may examine ex officio whether there are abusive clauses in the contract signed with the client. The order deciding whether or not there is an abusive clause may be appealed in any case.
Modification introduced in articles 34 and 35 of the LEC.
5. Appeals against the resolution on the suspension of the proceedings due to criminal prejudiciality. An appeal may be filed against the order granting the suspension and no appeal may be filed against the orders issued on appeal granting or confirming the suspension. In the previous wording of the LEC, there was an extraordinary appeal for procedural infringement (this appeal disappears in the latest version of the LEC).
Modification introduced in article 41 of the LEC.
European preliminary ruling: The order of the Court of Justice of the European Union will suspend the proceedings until the decision of the Court of Justice of the European Union deciding the preliminary ruling is on record or it is agreed to withdraw it.
Modification introduced in the new article 43.bis of the LEC.
7.Accumulation of actions: It will be possible the accumulation of the action to urge the liquidation of the matrimonial economic regime and the action of division of the inheritance in the case that the dissolution of the matrimonial economic regime has taken place as a consequence of the death of one or both spouses and there is subjective identity between those legitimized to intervene in one and the other procedure. In the event that both actions are accumulated, they will be substantiated in accordance with the assumptions and procedures of the proceeding of judicial division of the inheritance.
Modification introduced in article 73 of the LEC.
8.Joinder of proceedings: The joinder of proceedings for the judicial division of estates may be requested when it is a question of joining, to the proceedings for the judicial division of the inheritance, the proceedings for the liquidation of the matrimonial property regime promoted when one or both spouses are deceased.
Modification introduced in article 77 of the LEC.
9. Order denying the accumulation of costs: In the event that an order is issued rejecting the accumulation, the party that had promoted it will be condemned to pay the costs of the incident but only if recklessness or bad faith can be appreciated in its conduct.
Modification introduced in article 85 of the LEC.
José Mª Garcia-Belenguer Montón
Associate – Legal Area
LACASA ABOGADOS, PALACIOS & PARTNERS.