LA VIVIENDA FAMILIAR Y LA ACCIÓN DE DIVISIÓN DE LA COSA COMÚN.

Abstract

The protection of the familiar housing controls itself in the articles 1320 and 96.4 of the Civil Code so much constant marriage as in situations of conjugal crisis, where the exigency of assent of the spouse not to title or, in his case, judicial authorization, as the nature that gives him to the use attributed in judgment of separation or divorce they are going to determine the scope of such a protection opposite to third buyers; and, likewise, they are going to determine the response that is given to the accomplishment of acts as the alienation, transfer or charge of the quota, or the action of common division in a situation of Roman co-ownership or for quotas with relation to the familiar housing. The analysis of such rules and his application to these concrete acts is on what we are going to centre the present study.