Francisco Javier AGUADO GONZALEZ*
* Doctor in History by the Complutense University of Madrid. From 1991 Director of the Department of Archives and Documentation of the Newspaper "ABC", Member of the Facultative Staff of Archivists, Librarians and Archaeologist of the State; e-mail: ja'
Private Archives in Spain: Legislation and Dissemination
AGUADO GONZALEZ, Francisco Javier, Private Archives in Spain: Legislation and Dissemination. Atlanti, Vol. 17, N. 1-2, Trieste 2007, pp. 209-222.
Original in English, abstract in English, Italian and Slovenian, summary in English.
According to the Law of the Spanish Historical Heritage, the Spanish Documental Heritage its not only consisting of the documents produced by the public administrations, but also of the documents more than forty years old, generated, conserved or reunited in the exercise of their activities by the organisations and associations of political, trade union or religious character, and by the private organizations, foundations and associations of cultural and educational character, and also the documents generated more than one hundred years before, conserved or assembled by any otherparticular organizations or physicalpeople. In this article we pretend to get a general view about the treatment of these Private Archives in the legislation of the kingdom of Spain and of the different Regional Public A^dministrations and its inclusion in the different information systems.
AGUADO GONZALEZ, Francisco Javier, Archivi privati in Spagna: legisla-zione e diffusione. Atlanti, Vol. 17, N. 1-2, Trieste 2007, pp. 209-222.
Secondo la legge sul Patrimonio Storico Spagnolo,
1. Law 16/1985, of Tune 25, on the Spanish Historical Heritage.
Introduction
The Spanish legislation consider as private archives, the archives and documents, existing in the Spanish territory, of private ownership that are a property of a person or juridical - private entity, with independence of its public or private nature.
In a general sense we can say that the spirit of the Spanish legislation in the treatment of the private archives has the intention of trying to identify, to preserve, and to disseminate the whole documental heritage, always doing compatibly, referring the private documentation, the right of property, recognized by the Constitution, with the requirements of the general interest, as it is the right of access of the citizens to the documental funds, administrative or historical, public or private.
To obtain this purpose, the laws looks for, and sometimes under an obligation, the collaboration of the natural or juridical - private persons to obtain the aims established in the laws of Documental heritage, usually by the corresponding agreements with the public administrations.
For studying the Spanish Archival System and the legislation referring to Archives, it is necessary to take notice that seventeen Autonomous Communities, besides the autonomous cities of Ceuta and Melilla, constitute the political and administrative division of Spain. Each of these territorial entities, inside the constitutional system of the Kingdom of Spain, has legislative autonomy and executive competitions, also in the field of Archives.
The law of the Historical Spanish Heritage1 defines the documental Spanish heritage and gives the general guidelines for its preservation, which later will be developed in the legislation of each one of the Autonomous Communities, generally by laws referred to the historical heritage of every territorial area, and in the majority of the cases with specific laws referred to the Archives or Documental Heritage.
For the coordination of the performances between the different civil administrations, the same law foresees the communication and the interchange of programs of performance and information; in
accordance with this purpose, the law established the Council of the Historical Heritage, constituted by a representative of every Autonomous Community, designated by its Council of Government, and the corresponding General manager of the Administration of the State, which will act as President2.
At the end of this document, in the Annexe I, it is recopilated the legislation of every Autonomous Community with references to the private Archives. However, in this article we are going to review only the general guidelines; among the seventeen Autonomous Communities we have analyzed all 35 Laws or decrees, normally Laws of Archives or Laws about the Historical Heritage in which the Documental heritage is included. Although all the Autonomous Communities have its own Law about the Historical Heritage, they have also developed an specific law for the Archives or the Documental heritage3.
Documental heritage: Public Archives and Private Archives
The law for the Historical Spanish Heritage4 establishes four levels or forms of for the integration of the archives in the Documental heritage:
1.	The Archives of public character: the Documental heritage is composed by the documents of any epoch generated, preserved or assembled in the exercise of its function for any organisation or entity of public character, by the legal institutions in which capital takes part the State or other public Entities with more than the 50%, and by the private, physical or juridical persons, agent of public services, in the subject related to the management of the above mentioned services5.
2.	It is also considered part of the Documental heritage the documents with more than forty years of antiquity from its generation, preserved or assembled in the exercise of its activities by the entities and associations of political, syndical or religious character and by the entities, foundations and cultural and educational associations6 of private character.
3.	It is also integral part of the Documental heritage the documents with more than a hundred years of antiquity from its generation, preserved or assembled by any other particular entities or natural persons7.
4.	The Civil administration of the State will be able to declare constitutive part of the Documental heritage those documents that, without reaching the antiquity indicated in the previous paragraphs, deserve the above mentioned consideration8.
For example, in the Basque Country are considered also as part of the Documental heritage the documents of interest with an antiquity of fifty or more years, which should have been produced, assembled and preserved in the development of its activities for any person or private entity9; and previous the obligatory report of the
ilpatrimonio documentario e costituito non sola-mente dai documenti generati dalle Amministrazio-ni Pubbliche, ma anche dai documenti con un'eta superiore ai quaranta anni, generati, conservati o riuniti, nell'esercizio delle loro attivita, dalle orga-nizzazioni e le associazioni di carattere politico, sindacale o religioso e dalle organizzazioni, fonda-zioni ed associazioni culturali ed educative private nonche dai documenti con di eta superiore ai cento anni, generati, conservati o ritenuti da qualunque altra organizzazione particolare o da persona fisi-ca. Oggetto di questo articolo e fornire un punto di vista generale circa il trattamento di questi archivi privati nella legislazione del Regno di Spagna e delle differenti Amministrazioni Pubbliche regionali e della sua inclusione nei differenti sistemi d'informa-zione e comunicazione.
AGUADO GONZALEZ, Francisco Javier, Privatni arhivi v Španiji: Zakonodaja in aplikativna uporaba. Atlanti, Zv. 17, Št. 1-2, Trst 2007, str. 209-222.
Ce pogledamo zakonodajo, kot velja za špansko zgodovinsko dediščino, ne gre pri tem samo za dokumentacijo, kije bila nastala vjavnih podjetjih in institucijah, ampak v zakonodajo spadajo tudi dokumenti, ki so nastali vsaj štirideset let nazaj in so arhivsko pomembni in vredni, da se opredelijo kot arhivske vrednosti, se zaščitijo, ohranijo ali ponovno uvrstijo tja, kjer so nastali. To velja za politične, sindikalne in verske organizacije in zveze in tudi za privatne organizacije, združenja in ^eze kul-
2.	Ibidem. Art. 3.
3.	At present, Asturias is the only autonomous community who haven't its own Law for archives, though the regulatory Procedure of the Cultural Heritage of Asturias has an extent develop of the rules referred to the Documental Heritage.
4.	Art. 49.
5.	In Andaluc^a, its also included as archive of public use, all those archives that receive fiscal benefits. Law 3/1984, of January 9, for the Archives of Andaluc^a, Art. 11°, Those archives are incorporated to The Andalusian System of Archives (Art. 75). In Aragon the System of Archives its composed by those that, being of private ownership, are considered of public use because of receiving from the public administration subsidies or helps in quantity equal or superior to 50% of its ordinary budget or enjoy fiscal benefits in equal or maior quantity to 10% of its budget. Law 6/1986, of November 28, Regulation of the Archives of Aragon. Art. 18.2; idem, Law 6/1991, of April 19, Regulation of the Archives and the Documental Heritage of Castilla y Leon. Art. 39; In Galicia the law consider of public use, integrated in the regional system of Archives, those archives that, being of private ownership, receive subsidies or helps from the public administration in equal or maior quantity to 25% of its ordinary budget, Decree 307/1989, of November 23, Regulation of the Archives System and Documental Heritage of Galicia. Art. 16.5.3.
6.	In some Autonomous Communities, the Archives of educational, public or private Institutions, are included in their Archives system, independently of the antiquity. In Valencia, are considered part of its Archives System the Archives of the private universities of the Valencia Community, Law 3/2005, ofJune 15, of Archives of the Community of Valencia. Art. 7; in
turnega in izobraževalnega značaja, velja pa tudi za dokumentacijo, kije nastala in so jo zbrali že pred sto leti, ne glede na to, ali so dokumentacijo zbirala podjetja, ali ustanove ali posamezniki. V tem prispevku podajam splošen vidik presoje privatnega gradiva, obenem pa navajam tovrstno zakonodajo kraljevine Španije in drugih regionalnih administracij in njihovo aplikacijo v različne informacijske sisteme.
SUMMARY
The Spanish Documental heritage its not only the documents produced by the public administrations, but also the documents with an antiquity superior to the forty years, generated, conserved or reunited in the exercise of their activities by the organizations and cultural and educative associations of political, syndical or religious character and by the organizations, foundations and associations of private character, and also the documents with an antiquity superior to the one hundred years generated, conserved or assembled by any other particular organizations or physical people. In a general sense we can say that the spirit of the Spanish legislation in the treatment of the private archives has the intention of trying to identify, to preserve, and to disseminate the whole Documental heritage, always doing compatibly, referring the private documentation, the right of property, recognized by the Constitution, with the requirements of the general interest, as it is the right of access of the citizens to the documental funds, administrative or historical, public
Astunas are also included the archives of all the public or private education institutions, Law 1/2001, of March 6, Regulation of the Cultural Heritage of the Principado de Astu-rias art. 81.b; In Madrid the private companies established in the Community of Madrid, Law 4/1993, of April 21, Regulation of Archives and Documental Heritage of the Comunidad de Madrid. Art. 6.d.
7.	In the law of Cataluna Heritage, it is also included as documental heritage, the documents with less than 100 years, produced in supports with a caducity lower than 100 years, as the audio-visual ones in photochemical or magnetic support, according to the established by regulation. Law 9/1993, of September 30, Regulation of the Cultural Heritage of Cataluna, art. 19.
8.	On the other hand, the holders of private archives can also request its integration in the Archives System of each Autonomous Community, according to the procedures established in every Law of Archives. For example, in Andalusia: Decree 97/2000, of March 6, approves the regulation of the Archives System of Archives and develops of the law 3/1984, of January 9 of archives. Art. 26.
9.	Decree 232/2000. of November 21, approves the regulation of the Archives System and the Documental Heritage of Pais Vasco, art. 3.5.
10.	Ibidem. Art. 4.
11.	Law 3/2005, of June 15, of Archives of the Community of Valencia, art. 40; and Decree 97/2000, of March 6, approves the regulation of the Archives System of Archives and develops of the law 3/1984, of January 9 of archives. Art. 26; Law 19/2002, of October 24, Public Archives of Castilla La Mancha. Art. 11.
12.	Law 3/2005, of June 15, of Archives of the Community of Valencia art. 48; Law 6/1986, of
Adviser Council of Documental heritage and Archives, the Basque Government can declare as Documental heritage, the documents or funds of archives of private property with less than fifty years of antiquity, that will deserve such a consideration10.
Private archives in the Public Archives System
The incorporation of a private archive in the Archival subsystems of every Autonomous Community is done by resolution of the competent authority in the subject of archives, by request of the interested parties, by the subscription of an agreement, where there will be specified the rights and obligations of the parts. These private archives will have priority for obtaining help and subsidies with regard to other private archives11.
Besides the obligations related to the conservation, or to the access, established in the law of the Historical Heritage, the legislation in some Autonomous Communities specified more obligations, for the propetaries of private documents integrated in the Documental heritage12:
-	To have them organized and described. For example, in Aragon the law obliges to the owners to request or to allow that the arrangement and inventory of the documentation will be done by specialized personnel designated by the Department of Culture in the conditions that both parts agree13.
-	To deliver a copy of the instruments of description to the
competent authority (Cultural Council or the Regional Archive)14.
-	To preserve them entirely and not to dismember the funds without previous authorization of the above mentioned Council.
-	To allow the access to people with identification as researchers, provided always that this access does not suppose an interference in the fundamental right to the personal and family privacy and the right to One's own image, according to the established in the legislation.
-	To communicate, previously, any change in the ownership or possession of the funds or documental collections to the competent Administrative Department (Usually the Council for Culture).
-	To restore the damaged documents or to agree its restoration with the Department of Archives.
-	The public administrations can establish systems of compensation for the archival treatment and the deposit of private archives, especially if the owners of the fund rescind the deposit15.
Deposit in Public Archives
The owners and holders of private archives or documents de-
clared as historical documents will be able to deposit them in the public archives of the corresponding territory. In the catalogues and guides will have to consist the ownership and origin of the funds, and they will be able to consult them freely and to obtain a copy of them16.
In some cases, such as for example in Castilla y Leon, the holders of private archives that are not of public use can replace the obligation to allow the consultation of the private historical documents by the temporary deposit of these in a public archive17.
Besides, the diverse autonomic laws of archives establish the promotion of the donations, inheritances and legacies of documents and archives of private property, included in the Documental heritage, in favour of the Autonomous Community 18.
In this respect, it is necessary to emphasize the example of the Nobility Section of the Historical National Archive, in Toledo, which is a center of ownership and management of the State, in this Archive there have been deposited for its conservation and dissemination near 200 archives of families of the Spanish nobility, which have been acquired by the State or deposited by their owners19.
or private.To obtain this purpose, the laws looks for, and sometimes under an obligation, the collaboration of the natural orjuridical - private persons to obtain the aims established in the laws of Documental heritage, usually by the corresponding agreements with the public administrations
Private archives in the Public Archives System
The incorporation of a private archive in the Spanish Archival Systems is done by resolution of the competent authority in the subject of archives in every territorial civil administration, by request of the interested parties, by the subscription of an agreement. These private archives will have priority for obtaining help and subsidies with regard to other private archives.Besides the obligations related to the conservation, the propetaries have other obligations: to have the documents organised and described, to deliver a copy of the instruments of description to the competent authority, to preserve them entirely and not to dismember the funds, to communicate, previously, any change in the to the competent Administrative Department, and to allow the access to researches.
Dissemination
Among the first aims that are established in the law of the Spanish Heritage there is the confection of a census of the integral goods of the Documental heritage, created by the Administration of the State, in collaboration with other competent Administrations, which will be able to obtain of the holders of rights on the integral goods of the Documental heritage the examination of this documents or archives, as well as the pertinent information for its incorporation, if it proceeds, in the above mentioned census of archives20.
In this respect, in the sixties years of the past century began to be elaborated a Census Guide of the Spanish archives; in 1972 there was a first edition in paper, later it was updated creating the Census Guide of the Archives of Spain and IberoAmerica, and was elaborated a data base of Information consultable from different points and, more recently, in Internet across the web page of the General Direction of Archives in the Ministry of Culture21.
This Census Guide gathers the general information referred so to the Archives as to the funds of the Spanish Documental heritage, and it has been possible thanks to the agreements of collaboration of the Department of Culture with the different Autonomous Communities of Spain. The census includes also information from Argentina, Bolivia, Brazil, Colombia, Costa Rica, Cuba, Chile, Ecuador, Guatemala, Mexico, Nicaragua, Paraguay, Peru, Puerto Rico, the Salvador and Venezuela.
In this Census Guide, at present there is gathered information of 18.237 private archives and 17.525 Public archives (May, 2007). The private ones are22:
Deposit in Public Archives
The owners of private archives declared as historical documents will be able to deposit them in public archives. In some cases, the holders of private archives that are not of public use can replace the obliga-
November 28, Regulation of the Archives of Aragon. Art. 11; Law 4/1990, of May 30, Regulation of the Historical Heritage of Castilla La Mancha. Art. 33; Law 6/1991, of April 19, Regulation of the Archives and the Documental Heritage of Castilla y Leon, art. 40; Law 10/2001, of July 13, Archives and Documents of Cataluna, art. 13; Law 2/1999, of March 29, Law of the Historical and Cultural Heritage of Extremadura. Art. 78 Law 6/1990, of April 11, Regulation of Archives and Documental Heritage of the Region of Murcia, art. 14.
13.	Law 6/1986, of November 28, Regulation of the Archives of Aragon, art. 11.
14.	In Aragon the law foresees to deliver a copy of the inventory to the General Archive of Aragon and another one to the correspondent local Archive, Law 6/1986, of November 28, Regulation of the Archives of Aragon, art. 11; In Castilla La Mancha a copy of the inventory to the Regional Archive and another one to the correspondent Provincial Historical Archive, Law 4/1990, of May 30, Regulation of the Historical Heritage of Castilla La Mancha. Art. 33.a.
15.	Law 10/2001, of July 13, Archives and Documents of Cataluna, art. 14.2; Law 15/2006, of October 17, Archives and Documental He
erita
ge of Islas Baleares, art. 20.2
16.	.Law 6/1986, of November 28, Regulation of the Archives of Aragon, art. 12.
17.	Law 6/1991, of April 19, Regulation of the Archives and the Documental Heritage of Castilla y Leon, art. 22.
18.	Law 6/1991, of April 19, Regulation of the
Archives and the Documental Heritage of Castilla y Leon, Additional Disposition 3^.
19.	Vid. http://www.mcu.es/archivos/MC/ NHN/index.html.
20.	Law 16/1985, of June 25, on the Spanish
Historical Heritage 21. vid: http://aer
une Art. 51.
'index censo
tion to allow the consultation of the private historical documents by the temporary deposit of these in a public archive.We can emphasise the example of the Nobility Section of the Historical National Archive, in Toledo, center of ownership and management of the State, where there have been deposited near 200 archives of families of the Spanish nobility.
Dissemination
Among the first aims that are established in the law of the Spanish Heritage it is the confection of a census of the integral goods of the Documental heritage, in this respect, has been elaborated the Census Guide of the Spanish archives, nowadays consulta-ble in Internet, including also information from Iberoamerican archives.Another significant example, in this case fruit of the private initiative, to facilitate the conservation, the access and the dissemination of the private archives, is the General Archive of the University of Navarre, private entity that in collaboration with the Department of Investigation of the University, has compiled more than one hundred of archives of representative figures of the Spanish life of the XX century, received through donation, legacy, or commodate.
Conservation
All the holders of goods of the Documental heritage are obliged to preserve, to protect, and to destine them to a use that guarantees the conservation, and
•	1.790 in Andaluc^a
•	1.616 in Aragon
•	457 in Asturias
•	6 in Islas Baleares
•	23 in the Pa^s Vasco
•	54 in Canarias
•	698 in Cantabria
•	1.107 in Castilla La Mancha
•	4.440 en Castilla y Leon
•	1.330 in Cataluna
•	7 in Extremadura
•	3.094 in Galicia
•	273 in La Rioja
•	663 in Madrid
•	15 in Murcia
•	1.240 in Navarra
•	1.384 in Valencia,
•	40 in Ceuta and Melilla
Another significant example, in this case fruit of the private initiative, to facilitate the conservation, the access and the dissemination of the private archives, is the General Archive of the University of Navarre, private entity that in collaboration with the Department of Investigation of the University, has compiled more than one hundred archives of representative figures of the Spanish life of the XX century, received through donation, legacy, or commodate23.
Conservation
guia.jsp.
22.	Ibidem.
23.	http://www.unav.es/archivo/estructura/ar-chivohistorico.html.
24.	Law 16/1985, of June 25, on the Spanish Historical Heritage, art. 52.
All the holders of goods of the Documental heritage are obliged to preserve, to protect, and to destine them to a use that guarantees the conservation and to support them in suitable places, besides, they will facilitate the inspection on the part of the competent authority, to verify the situation and condition of the goods. If the prope-taries break this dedication it will be a reason of social interest for the necessary expropriation of the affected goods24.
When the private documents, funds or documental collections, part of the Documental heritage, have serious problems of conservation and safety, the competent authority (department of Culture) will ask for to the owners or holders of the documents in order that they adopt the measurements necessary to correct them,
and even it will be able to arrange its provisional deposit in one of the public archives, while they do not eliminate the reasons that motivated this movement25.
In Cantabria, for example, it is established that the Council of Culture will arbitrate economic and technical means in order that the private holders can support the facilities adapted for the conservation and utilization of their Documental heritage which conservation and safety will be in danger26, and in Galicia the law foresees that the Council of Culture can contribute, with the limitation of the credits that annually are establishes in its budgets, to help the owners of documents or declared historical archives to get this obligations27.
The helps or subsidies are also foreseen for the restoration of documents, but in any case the total amount of the Civil administration participation in the restoration of goods of cultural interest of private property will overcome the fifty per cent of the total value of the works, except those who should be done by imperative of the conservation, in this case the quantity of the participation will not overcome 2/3 of the total value of the performance28.
We can see another way to help to the conservation of archives, for example, in the law of the cultural Valencian heritage, which establishes the promotion of the specializing education and the investigation in the matters relative to the conservation and enrichment of the cultural heritage and propose the collaboration with the Universities and the centers of formation and investigation specialized, public and private, adapted to the above mentioned purpose29.
they will facilitate the inspection by the competent authority. If the propetaries break this dedication it will be a reason of social interest for the necessary expropriation of the affected goods, or will be arranged its provisional deposit in a public archive.The Civil Administration can also arbitrate economic and technical means in order that the private holders can support thefacilities adaptedfor the conservation and utilization of their Documental heritage which conservation and safety will be in danger.
Access
The owners of Documental heritage are bound to allow the access to the researchers, though the parti-cularpersons will be able to excuse this obligation in case that this access supposes an interference in the fundamental right to the personal and family privacy and the right to One's own image, also they can replace this obligation by means of the temporary deposit of the good in an archive of public character with.
Archives of suppressed legal persons (Privatization)
When a public organisation, pass to be of private nature or it loses the public dependence, the documentation generatedpreviously at the change of nature or dependence, will supports the public ownership. This documentation, if it is of permanent conservation, must be transferred to the archive of the public administration on which the organisation
Access
The owners of Documental heritage are bound, previous reasoned request, to allow the access and the study to the researchers, though the particular persons will be able to excuse this obligation in case that this access supposes an interference in the fundamental right to the personal and family privacy and the right to One's own image, according to the established in the legislation, also they can replace this obligation by means of the temporary deposit of the good in an archive of public character with adapted conditions for the safety of the documents and the research30.
In Castilla La Mancha it is established that in any case, the access will be free to the researchers of documents generated, preserved or assembled by private, juridical or physical persons, providing that they have an antiquity superior to a hundred years31.
For the access to the deposited documents that are not included in the Documental heritage, it will be done what its established in the agreement of the deposit or commodate.
25.	Law 4/1998, ofJune 11, of the Cultural Heritage of Valencia, art. 50; Law 6/1986, of November 28, Regulation of the Archives of Aragon, art. 11.
26.	Law 11/1998, of October 13, Regulation of the Cultural Heritage of Cantabria, art. 100.6.
27.	Decree 307/1989, of November 23, Regulation of the Archives System and Documental Heritage of Galicia. Art. 12.
28.	Decree 36/2001, of May 2, develops partially the law 11/1998, of October 13, of Cultural Heritage art. 70.4.
29.	Law 4/1998, of June 11, of the Cultural Heri-
30.	Law 16/1985, of June 25, on the Spanish Historical Heritage. Art. 52.
31.	Law 4/1990, of May 30, Regulation of the Historical Heritage of Castilla La Mancha. Art. 33.c.
or entity was depending, or to the archive that determines the competent authority for culture.
Archives of suppressed legal persons (Privatization)
Trade of Archives and Documental heritage
The persons and companies dedicated to the trade of documents and archives of historical character will have to sendperiodically to the Department of Culture, a relation of which they have putfor sale, and really sell, as well as those that they have acquired, and will be obliged to have a register book, reviewed by the competent Administration, containing the transactions of goods, movable or documental properties, constitutive of the historical heri-tage.The exportation of archives and historical documents and the rights of expropriation and retract will be ruled by the corresponding dispositions of the State and by the procedure established by every Autonomous Community.
The Archives of the Catholic Church
There is not the least doubt that the Catholic Spanish Church possesses one of the most important documental heritage of our History, and probably they are also the bestpreserved, between the private archives, and the ones who have done a bigger effort in the works of dissemination. Besides the established in the Agreements signed by the Spanish State and the Holy See, the Spanish legislation referred to the historical and Documental heritage, does special reference to the Catholic Church, as
32.	Law 3/2005, of June 15, of Archives of the Community of Valencia. Art. 15.
33.	Decree 307/1989, of November 23, Regulation of the Archives System and Documental Heritage of Galicia. Art. 13.
34.	Law 6/1986, of November 28, Regulation of the Archives of Aragon. Art. 13 y 14; Law 4/1990, of May 30, Regulation of the Historical Heritage of Castilla La Mancha. Art. 35; Law 6/1991, of April 19, Regulation of the Archives and the Documental Heritage of Castilla y Leon.
Art. 13.
When a public organisation, or an entity that depends on it, pass to be of private nature or it loses the public dependence, the documentation generated previously at the change of nature or dependence, will supports the public ownership. The above-mentioned documentation, if it is of permanent conservation, must be transferred to the archive of the public administration on which the organisation or entity was depending, or to the archive that determines the competent authority for culture. Exceptionally, the ownership administration, if the regulations of the legislation relative to the public archives its guaranteed, can agree that the documentation continues being guarded by the organisation or entity that has been object of privatization32.
Trade of Archives and Documental heritage
The persons and companies dedicated to the trade of documents and archives of historical character will have to send periodically (quarterly in Aragon, Castilla and Leon, Madrid and Murcia, every six months in Castilla La Mancha) to the Department of Culture, a relation of which they have put for sale, and really sell, as well as those that they have acquired.
In the same way, the Department of Culture will facilitate, to the institutions, corporations and public territorial entities interested, the access to the above-mentioned relations.
In other cases, as for example Galicia, the persons and companies dedicated to the trade of documents and archives of historical character will be obliged to have a register book, reviewed by the competent Administration, containing the transactions of goods, movable or documental properties, constitutive of the historical heritage. The above mentioned books will have to remain at the disposal of the Department of Historical and Documental heritage for its supervision for the technical services of archives33.
In Aragon and Castilla y Leon the natural or juridical persons, owners of archives and documents of historical character are bound to put in knowledge of the corresponding Council all alienation of this documents that they will propose to do.
The exportation of archives and historical documents and the rights of expropriation and retract will be ruled by the corresponding dispositions of the State and by the procedure established by every Autonomous Community34.
The Archives of the Catholic Church
There is not the least doubt that the Catholic Spanish Church possesses one of the most important documental heritage of our
History, and probably they are also the best preserved, between the private archives, and the ones who have done a bigger effort in the works of dissemination.
Besides the established in the Agreements signed by the Spanish State and the Holy See, the Spanish legislation referred to the historical and Documental heritage, does special reference to the Catholic Church, as holder of a singularly important part of the private goods that integrate the documental Spanish heritage, and encourages to the collaboration between the State and the Catholic Church, as well as with other religious confessions, for the protection, conservation and dissemination of this heritage, even by means of plans of joint intervention35.
Though the laws that regulate the archives and the private documents are applicable to the archives and the documents of the Catholic Church, before adopting any resolution that affects to this archives, the Civil administration has to report to the mixed commission created to such an effect in every Autonomous Communities36.
Recently it has been published the "Guide of the Archives of the Church in Spain"37 fruit of the agreements between the Spanish Association of Archivists of the Church, institution of the Episcopal Spanish Conference, and the Department of Culture, it has been published in electronic support (CDROM) and can be accessible in Internet38.
This first volume of the collection of Electronic Instruments of Consultation of the Archives of the Catholic Church in Spain, contains the detailed and updated description of the one hundred seventy ecclesiastic major archives of Spain (the pertaining to the Cathedrals, the General Archives of the Dioceses, big monasteries and convents) and an approximation to the index of the first register of the books of baptism, confirmation, marriages, deaths and Works (factory of churches), of all 23.000 parochial archives that belong to all sixty seven dioceses of the Church in Spain.
holder of a singularly importantpart of the private goods that integrate the documental Spanish heritage, and encourages to the collaboration between the State and the Catholic Church, as well as with other religious confessions, for the protection, conservation and dissemination of this heritage, even by means of plans of joint intervention.Recently it has been published, an is accessible in Internet, the "Guide of the Archives of the Church in Spain" fruit of the agreements between the Spanish Association of Archivists of the Church, institution of the Episcopal Spanish Conference, and the Department of Culture.This Guide, contains the detailed description of the one hundred seventy ecclesiastic major archives of Spain (the pertaining to the Cathedrals, the General Archives of the Dioceses, big monasteries and convents) and an approximation to the index of the first register of the books of baptism, confirmation, marriages, deaths and Works (factory of churches), of all 23.000parochial archives that belong to all sixty seven dioceses of the Catholic Church in Spain.
Conclusion
The spirit of the Spanish legislation referred to the archives and to the Documental heritage tends to determine what archives and documents have to or can be an object of special protection, whatever it is the situation regarding the ownership, public or private, and it formulates the rights and duties of those who are its owners or holders, reconciling the right of private property recognized in the Constitution with the general interest in order to the conservation, defense, access and dissemination of the archives.
Besides, the legislation tries to assure its conservation, well doing directly the opportune projects, well facilitating the pertinent helps to public entities and natural and juridical private persons for the conservation and dissemination of the Documental heritage.
This interest takes form in many specific performances, among which it is necessary to stand out for its extent, the effort realized for
35.	Law 4/1998, of June 11, of the Cultural Heritage of Valencia. Art. 6, y Law 3/2005, of June 15, of Archives of the Community of Valencia, art. 5.
36.	Law 10/2001, of July 13, Archives and Documents of Cataluna, art. 15.2.
37.	Guia de los Archivos de la Iglesia en Espana, Dir. Jose Maria Marti Bonet, Barcelona, 2001.
38.	http://www.mcu.es/archivos/docs/Ar-chivosIglesia.pdf.
39. See the full text of the laws in: http://www. mcu.es/legislacionconvenio/searchLegisla-
tion.do.	January 9 of archives
the production of the Census Guides of the Archives of Spain and Ibero America, with information of more than 36.000 Spanish archives, more than half of them private archives; or the agreements with the Catholic Church, for example, for the accomplishment of the Guide of the ecclesiastic Archives (more than 23.000 archives).
In this respect we can also emphasizes the example of the Nobility Section of the Historical National Archive, in Toledo, which is a center of ownership and management of the State, that has allowed to preserve and to facilitate the access to near 200 archives of families of the Spanish nobility, acquired by the State or deposited by their owners; or the case of the General Archive of the University of Navarre, private entity that in collaboration with the Department of Investigation of the University, has compiled more than one hundred of personal archives of representative figures of the Spanish life of the century XX.
ANNEX I
SPANISH LEGISLATION ON ARCHIVES WITH RE-FRENCES TO PRIVATE ARCHIVES39
NATIONAL LAWS
Law 16/1985, of June 25, on the Spanish Historical Heritage
Nüm. B.O.E: 155, 29/06/1985 Nüm. Disp.: 16/1985
REGIONAL LAWS
ANDALUCIA
Law 3/1984, of January 9, Law for the Archives of Andaluc^a Nüm. B.O.E: 25, 30/01/1984 Nüm. B.O.J.A: 4, 10/01/1984 Nüm. Disp: 3/1984
Law 1/1991 of July 3, For the Historical Heritage of Andaluc^a Nüm. B.O.E: 178, 13/07/0091 Nüm. B.O.J.A: 59, 26/06/0091 Nüm. Disp: 1/1991
Decree 97/2000, of March 6, approves the regulation of the Archives System of Archives and develops of the law 3/1984, of
Nüm. B.O.J.A: 43, 11/04/2000 Nüm. Disp: 97/2000 ARAGON
Law 6/1986, of November 28, Regulation of the Archives of Aragon
Nüm. B.O.E: 301, 17/12/1986 Nüm. B.O.A: 120, 01/12/1986 Nüm. Disp: 6/1986
Decree 34/1987, of April 1, develops partially the law of November 28 1986, which regulates the Archives of Aragon
Nüm. B.O.A: 42, 13/04/1987
Nüm. Disp: 34/1987
ASTURIAS
Law 1/2001, of March 6, Regulation of the Cultural Heritage of the Principado de Asturias
Nüm. B.O.E: 135, 06/06/2001
Nüm. B.O.P.A: 75, 30/03/2001
Nüm. Disp: 1/2001
CANARIAS
Law 3/1990, of February 22, Regulation of the Documental Heritage and Archives of Canarias
Nüm. B.O.E: 92, 17/04/1990
Nüm. B.O.C: 27, 02/03/1990
Nüm. Disp: 3/1990
CANTABRIA
Law 11/1998, of October 13, Regulation of the Cultural Heritage of Cantabria
Nüm. B.O.E: 10, 12/01/1999
Nüm. B.O.C.A.N.T: 240, 02/12/1998
Nüm. Disp: 11/1998
Law 3/2002, of June 28. Archives of Cantabria
Nüm. B.O.E: 176, 24/07/2002
Nüm. B.O.C.A.N.T: 131, 09/07/2002 Nüm. Disp: 3/2002
Decree 36/2001, of May 2, develops partially the law 11/1998, of October 13, of Cultural Heritage
Nüm. B.O.C.A.N.T: 89, 10/05/2001
Nüm. Disp: 36/2001
CASTILLA-LA MANCHA
Law 4/1990, of May 30, Regulation of the Historical Heritage of Castilla La Mancha
Nüm. B.O.E: 221, 14/09/1990
Nüm. B.O.C.C.L.M: 41, 13/06/1990
Nüm. Disp: 4/1990
Law 19/2002, of October 24, Public Archives of Castilla La Mancha
Nüm. B.O.E: 301, 17/12/2002 Nüm. B.O.C.C.L.M: 141, 15/11/2002 Nüm. Disp: 19/2002
CASTILLA Y LEON
Law 6/1991, of April 19, Regulation of the Archives and the Documental Heritage of Castilla y Leon
Nüm. B.O.E: 134, 05/06/1991
Nüm. B.O.C.Y.L: 91, 15/05/1991
Nüm. Disp: 6/1991
Decree 115/1996, of May 2, Regulation of the Archives System of Castilla y Leon
Nüm. B.O.C.Y.L: 87, 08/05/1996
Nüm. Disp: 115/1996
Law 12/2002, of July 11, Cultural Heritage of Castilla y Leon
Nüm. B.O.E: 183, 01/08/2002 Nüm. B.O.C.Y.L: 139, 19/07/2002 Nüm. Disp: 12/2002
CATALUNA
Law 10/2001, of July 13, Archives and Documents of Cataluna
Nüm. B.O.E: 206, 28/08/2001 Nüm. D.O.G.C: 3437, 24/07/2001 Nüm. Disp: 10/2001
Law 9/1993, of September 30, Regulation of the Cultural Heritage of Cataluna
Nüm. D.O.G.C: 1807, 11/10/1993
Nüm. Disp: 9/1993
Decree 110/1988, of May 5, Regulation of the network of local Historical Archives of Cataluna
Nüm. D.O.G.C: 995, 25/05/1988
Nüm. Disp: 110/1988
EXTREMADURA
Law 2/1999, of March 29, Law of the Historical and Cultural Heritage of Extremadura
Nüm. B.O.E: 139, 11/06/1999
Nüm. D.O.E: 59, 22/05/1999
Nüm. Disp: 2/1999
Law 2/2007, of April 12, of Archives and Documental Heritage of Extremadura
Nüm. D.O.E: 48, 26/04/2007
Nüm. Disp: 2/2007
GALICIA
Law 8/1995, of October 30, of the Cultural Heritage of Galicia
Nüm. B.O.E: 287, 01/12/1995 Nüm. D.O.G: 214, 08/11/1995 Nüm. Disp: 8/1995
Decree 307/1989, of November 23, Regulation of the Archives System and Documental Heritage of Galicia
Nüm. D.O.G: 23, 01/02/1990
Nüm. Disp: 307/1989
ISLAS BALEARES
Law 12/1998, of December 21, of the Historical Heritage of Islas Baleares
Nüm. B.O.E: 31, 05/02/1999 Nüm. B.O.I.B: 165, 29/12/1998 Nüm. Disp: 12/1998
Law 15/2006, of October 17, Archives and Documental Heritage of Islas Baleares
Nüm. B.O.E: 285, 29/11/2006
Nüm. B.O.I.B: 152, 28/10/2006
Nüm. Disp: 15/2006
LA RIOJA
Law 4/1994, of May 24, Archives and Documental Heritage of La Rioja
Nüm. B.O.E: 144, 17/06/1994 Nüm. B.O.R: 67, 28/05/1994 Nüm. Disp: 4/1994
MADRID
Law 4/1993, of April 21, Regulation of Archives and Documental Heritage of the Comunidad de Madrid
Nüm. B.O.E: 138, 10/06/1993
Nüm. B.O.C.M: 101, 30/04/1993
Nüm. Disp: 4/1993
MURCIA
Law 6/1990, of April 11, Regulation of Archives and Documental Heritage of the Region of Murcia
Nüm. B.O.E: 170, 17/07/1990
Nüm. B.O.R.M: 116, 22/05/1990
Nüm. Disp: 6/1990
NAVARRA
Law 12/2007, of April 4, of Archives and Documents of Navar-
ra
Nüm. B.O.E: 113, 11/05/2007 Nüm. B.O.N: 48, 18/04/2007 Nüm. Disp: 12/2007
Law 14/2005, of November 22, of Cultural Heritage of Navar-ra
Nüm. B.O.N: 141, 25/11/2005 Nüm. Disp: 14/2005
PAIS VASCO
Decree 232/2000,of November 21, approves the regulation of the Archives System and the Documental Heritage of Pais Va-sco
Nüm. B.O.P.V: 235, 11/12/2000 Nüm. Disp: 232/2000
Law 7/1990, of July 3, Regulation of the Cultural Heritage of Pais Vasco Navarra
Nüm. B.O.P.V: 157, 06/08/1990
Nüm. Disp: 7/1990
VALENCIA
Law 4/1998, of June 11, of the Cultural Heritage of Valencia
Nüm. B.O.E: 174, 22/07/1998 Nüm. D.O.G.V: 3267, 18/06/1998 Nüm. Disp: 4/1998
Law 5/2007, of February 9, of modification of the law 4/1998,of June 11, of the Cultural Heritage of Valencia
Nüm. B.O.E: 71, 23/03/2007
Nüm. D.O.G.V: 5449, 13/02/2007
Nüm. Disp: 5/2007
Law 3/2005, of June 15, of Archives of the Community of Valencia
Nüm. D.O.G.V: 5029, 16/06/2005 Nüm. Disp: 3/2005