Responsibility of the Court Clerk to Resolve Voluntary Jurisdiction Proceedings in the Current Regulatory Framework

Abstract

Despite the lack of adoption of a voluntary jurisdiction Act assigning the termination of certain records in this matter to the Court Clerk in accordance with the provisions made in Article 456 of the Organic Act on the Judiciary Branch, we understand that there is now a sufficient normative basis to support the authority of this civil servant in the records of voluntary jurisdiction in which children, incapable people or fundamental rights are not affected. So in what follows we will try to explain the rationale for the Court Clerk to issue adjudicative decrees in this area, despite there being a wide doctrinal and jurisprudential position to the contrary.