The vesting of the uses of the familiar residence after the breakdown of the marriage in the civil law of Catalunya

Identifier:  TFG:577

Handle: https://hdl.handle.net/20.500.11797/TFG577

Authors:  Feliu Ferran, Maria

Abstract:
In our social context, when a matrimony decides to divorce, a transformation of the familiar reality happens. In this new reality, one of the most outstanding and discussed in matter by the spouses is about the familiar residence. So this work’s object of study is the assignment of the familiar residence usage in Catalonia after the rupture of the matrimonial link. We principally focus on the criterions of the right attribution for the familiar residence usage. This is for whom of both spouses belongs the right familiar residence usage after the divorce. Therefore, the contents of this work are settled in the study of basics concepts as the familiar residence and the legal naturalism of its usage. It includes some of the doctrinal and jurisprudential positions in that regard. We also analyse the criterions and requirements of the right familiar residence usage attribution according to the Law 25/2010, the 29 of July of the second book of the civil code of Catalonia that came into force the first of January 2011. We also realise a comparative analysis of the normative evolution that took place in this matter with the approval of the before named CCcat second book regarding the abolished Law 9/1998, the 15 of July of the family Code.