LOS DERECHOS DE USO Y HABITACIÓN DESDE UNA NUEVA PERSPECTIVA: CESIÓN DE INMUEBLES.

Abstract

A society of multicultural integration is forced to accept the importance of developing new schemes of cohabitation. The need for housing is no exception to this reality, and the system of exclusive property ownership as the sole solution has reached the end of its tether. New regimes must be studied for assigning property use to nonowners, on the basis of the real rights of use, habitation or usufruct, as alternatives to the models already developed, since existing models are no longer able to respond effectively to all social needs as those needs arise. This study is presented within this social and legal framework. The study's aim is to explore new perspectives on current rights and to find channels for handling unsolved housing needs on the basis of the real rights of usufruct, use and habitation. In addition, the study looks at certain cases (still few in practice) whose implementation may prove interesting for the real estate sector. These hypotheses involve assignments of use, and they can be implemented on the basis of these rights, forging a stabler and therefore more attractive link than the lease. Their application depends not only on a change in our society's mindset, but also on the new social, economic and demographic needs we will find thrust upon us if we want to make any progress.