La atribución notarial de nombramiento para curador especial por segundas y ulteriores nupcias de sus progenitores en caso de que los hijos no tengan.

Abstract

The notarial attribution of appointment for special curator for second and subsequent nuptials of their parents in the event that the children do not have property, granted to notaries will reduce the procedural burden of ordinary justice, attentive to the constitutional principles of effective judicial protection , legal certainty, speed and procedural economy, with the objective of recognizing the law and constitutional guarantees of the people who need the resolution of the judge; being able to do it by notarial procedure in a safe way and with greater speed, by means of a notarial act that contains the appointment for special curator for second and subsequent nuptials duly protocolized, in a single day and not between 30 or 45 days as in the case of the request for the judicial process, a requirement that is requested by the General Directorate of the Civil Registry and identification so that the spouses who have children under their care can celebrate their second and subsequent nuptials, ignoring the entire process of the Voluntary Procedure, determined in the General Organic Code of Processes, since this procedure does not involve procedural parties but is interested in obtaining a resolution of appointment for special curator for second and subsequent nuptials, also taking into account that by judicial means in the voluntary procedure the acceptance to the procedure must then be fulfilled summons to all interested parties and to convene hearing and obtain the resolution that finally this resolution must be protocolized and according to the people interviewed as Notaries Public, lawyers in free exercise and users of the notary who have requested to protocolized the appointment of the special curator, this procedure in the court has brought him a time between 30 and 45 days, being able to do it in notarial seat on the same day because it is of voluntary and non-controversial jurisdiction, also taking into account that by judicial means the procedure is voluntary and not controversial.