Atribución del uso de la vivienda familiar y compensación económicaanálisis crítico y propuestas de reforma legal
ISSN: 2341-0566
Year of publication: 2017
Issue Title: Problemas en torno a la atribución del uso de la vivienda familiar
Issue: 16
Type: Article
More publications in: La Ley Derecho de Familia: Revista jurídica sobre familia y menores
Abstract
Attribution of use of the family home is one of the most problematic issues of any marital crisis. Article 96 of the Spanish Civil Code expressly provides a series of criteria that are currently considered as outdated and not functional. However, the main problem is that Courts have always considered that the attribution of use of the family home should be completely for free, which leads to situations of clear injustice and even of abuse of right. Therefore, this paper analyzes the possibility of recognizing in the Spanish Law the patrimonial and onerous nature of the attribution of use of the family home, taking into account the solutions provided by comparative law as well as by the Spanish regional civil law.