1. CRISIS FAMILIAR Y DERECHO DE USO DE LA VIVIENDA FAMILIAR. ANÁLISIS CRÍTICO DE LA JURISPRUDENCIA ESPAÑOLA Y PROPUESTAS DE LEGE FERENDA.
- Author
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MINERO ALEJANDRE, GEMMA
- Subjects
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MARRIAGE annulment , *DIVORCED people , *CHILDREN of divorced parents , *MARRIAGE settlements , *DIVORCE lawsuits , *PARENT-child relationships , *DIVORCE law - Abstract
This paper provides an analysis of regulation and case law dealing with the right to live in the family home after the termination of marriage. It focuses on the parameters to be taken into account by the judge when deciding about the right to live in the family house and it highlights the insufficiency of current Spanish law to balance the circumstances in case of joint custody. This paper analyses some lege ferenda proposals, with the aim of improving current article 96 of the Spanish Civil Code. We propose the regulation of some parameters to decide about the attribution and end of the right to live in the family house as well as the identity of the debtor of the family house expenses. Thus, in an attempt to fi nd a global and balanced solution, which takes into account the features of Spanish society and the frequent modifications of ex-spouses' life after the end of marriage. Every proposal has dealt with the imbalance produced in those cases where the right to live in the family home is allocated to the ex-spouse that has the guardianship of common children from the marriage when that person is not the only proprietor or is not one of the proprietors of that house. In that situation, the real proprietor of the house has neither the guardianship of the children nor the right to live in the family house. [ABSTRACT FROM AUTHOR]
- Published
- 2020
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