The BULLETIN number 239 OFFICIAL OF THE STATE

The BOLETIN 239
 
 
In the Bulletin number 239 OFFICIAL OF THE STATE  have published 2 very important laws and that goes to deserve be commented during these months since it goes in in subjects of Violence of generate, horizontal property taking advantage of the approve important norms to dip of coladillo some reformillas that are of big importance.
 
 
- Law 42/2015, of 5 October, of reform of the Law 1/2000, of 7 January of Enjuiciamiento Civil. Whose link send you for surgery:
http://www.boe.es/boe/dias/2015/10/06/pdfs/boe-a-2015-10727.pdf
Said Law incorporates important legislative reforms in addition to the procedural law civilian, that contain in his final disposals.
I call your attention especially on the following reforms:
- Modification of the Civil Code in matter of prescription (final Disposal first): it reduces of fifteen to five years the term of prescription of the personal actions that do not have special term
- Modification of the Law 1/1996, of 10 January, of AJG (third final disposal of this law 42/2015)
- Modification of the Law 18/2011, of 5 July, regulatory of the use of the technologies of the information and communication in the Administration of Justice (final disposal seventh).
Besides it includes a Final Disposal Eleventh on the access of the graduated social to the “system free technical representation”.
The norm goes in in force today, 7 October, with the following specialitys:
- The relative forecasts to the forcing of all the professionals of the justice and organs and judicial and fiscal offices, that still do not do it, to employ the telematic systems will go in in force on 1 January 2016, concerning the procedures that initiate from this date.
- The relative forecasts to the electronic archive of apoderamientos apud record and to the use by the interested that they are not professional of the justice of the telematic systems will go in in force on 1 January 2017.
- The modifications of the articles 648, 649, 656, 660 and 671 of the Law 1/2000, of 7 January, of Enjuiciamiento Civil, will go in in force on 15 October 2015.
 
 
- Organic law 13/2015, of 5 October, of modification of the Law of Enjuiciamiento Criminal for the strengthening of the procedural guarantees and the regulation of the measures of technological investigation and the Law 41/2015, of 5 October, of modification of the Law of Enjuiciamiento Criminal for the agilización of the penal justice and the strengthening of the procedural guarantees. Whose links send you for surgery:
http://www.boe.es/boe/dias/2015/10/06/pdfs/boe-a-2015-10725.pdf
http://www.boe.es/boe/dias/2015/10/06/pdfs/boe-a-2015-10726.pdf
 
Both Laws go in in force inside two months, except determinate articles of the Organic Law, that go in in force the next 1 November.
 
On the prescription, the general rule when of obligations s etrataba was the term of 15 years whenever the law did not establish another distinct. And I asked me : That sucede with a case where six years ago spend interrupting prescription?  My idea to flies feather is the following:
By general rule, the laws do not have retroactive character, except that on purpose like this have it.
By what if it does not have on purpose the contrary, would follow  
Having the previously established term.
 
The Art. 1939 of the Civil Code, begins saying, with general character, this same criterion. Indicating to continuation that if since it was put in observance ( in this case the new term of prescription),passed all the time in him demanded for the prescription, surtirá this effect...
That is to say, that if now it had passed 4 years, only would remain me 1.
It remains deleted already the process to interrupt with telegrams and resurrect another complete period to demand.
The said, the Boletin 239 of the BOE possibly was of the but important of the current term of office.