08.012020
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The defender of a disappeared person in Spain

Do you have a family member who is missing in Spain who has assets or rights? Are there interests in Spain of a missing relative whose business cannot be disregarded without serious prejudice?

Our law firm in Marbella can assist you in the appointment of a legal defender in Spain so that he meets the legitimate rights of this person.

Contact the lawyers of Welex, your law firm in Marbella specialized in litigation in Spain.

The objective situation of any person that has gone missing from his last domicile or residence without having any more news from them causes the need to articulate a protection mechanism regarding the legitimate rights and interests of both the missing person and third parties, by ensuring traffic and legal security in businesses that depend on them.

The civil code in Spain includes the assumption of disappearance in article 181, book one, title eight, first chapter including this last article under the heading of the declaration of absence and its effects.

In case a person has gone missing from his home or from the place of his or her last residence, without having had any more news from him or her, the judicial secretary may, at the request of an interested party or the Prosecutor, appoint a defender to protect and represent the missing person in court or in businesses that do not admit delay without causing serious damages, except for the cases in which he was legitimately represented in a voluntary way in accordance to article 183.

 The present spouse of legal age not legally separated shall be the natural representative and defender of the disappeared; and in its default, the closest relative to the fourth grade, also of legal age. In the absence of relatives or notorious urgency, the judicial secretary shall appoint a solvent person who has no criminal record, after hearing the Prosecutor’s Office.

He may also adopt, according to his discretion, the necessary measures for the conservation of heritage.

It must be taken into consideration that the civil code in Spain provides active legitimacy to request the appointment of a defender who assists the missing person in court or business that does not allow delay without causing serious prejudice to any person who may request the lawyer of the administration of justice (judicial secretary) said appointment through a judicial procedure of voluntary jurisdiction.

Welex, your litigation lawyer in Spain will assist you in the presentation and processing of this procedure by applying for the quick appointment of a judicial defender or that said appointment be deferred to the representatives of article 183 (legal or voluntary representation) and natural defenders of the missing person. This may even lead to the appointment of a person not belonging to the family of the missing person in Spain as long as he is solvent and has no criminal record and has been heard by the prosecutor and provided there is an urgent matter that justifies this.


Our law firm in Marbella, in the heart of the Costa del Sol, will help you justify the need for the appointment of the defender of the missing person, thus ensuring compliance with the obligations of the missing person and that the lack of compliance is not a prejudice to our clients.




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