Habitation, family and succession (From the Basque civil law to the European private law)

Abstract

Habitation real right is classical in Spanish Civil Code since its publication at the end of the XIX century. Today this right has a special dimension, which includes a new idea of this, related to the family and succession reality, and granting at the same time the situation of the widowed spouse or the survivor unmarried partner. It means that is necessary to provide a special research on this right, focused on the rules established by the Spanish civil general Law and some civil territorial laws, mainly by the Basque civil law. At the same time, references must be made to the Comparative law, specially the Italian, French and European Union law.