Convenio regulador y promesa de donaciónla adjudicación de inmuebles a los hijos
ISSN: 2341-0566
Year of publication: 2015
Issue Title: Autonomía de la voluntad y Derecho de familia
Issue: 5
Pages: 68-78
Type: Article
More publications in: La Ley Derecho de Familia: Revista jurídica sobre familia y menores
Abstract
It is not surprising to see a covenant of an agreement by which the spouses attribute to their common children a real estate property, or a share of it, which usually is the one that has been the family home. This work analyses the legal nature of this covenant and if the judicially approved agreement constitutes an appropriate title to refine validly a donation, so that the children may require their parents or one of them, depending if the property belongs to one or both spouses, the granting of the relevant public deed in compliance with the covenant; and even if the incorporation of the abovementioned agreement to a separation or divorce covenant approved by court ruling, this being a public document, already complies with the provisions of Section 633 of the Civil Code with respect to the requirement of public deed, without being necessary to provide later a public deed