Efectos patrimoniales derivados de la ruptura de la ruptura de la pareja de hecho
ISSN: 2341-0566
Year of publication: 2018
Issue Title: Monográfico : Las parejas de hecho en España
Issue: 19
Pages: 19-31
Type: Article
More publications in: La Ley Derecho de Familia: Revista jurídica sobre familia y menores
Abstract
In the field of common civil law there is no rule that regulates the property consequences for the cohabiting couples in case of break-up (with rights and obligations of a civil nature). There are autonomous regulations that, in a greater or lesser extent, regulate these consequences, although some regulations have been declared unconstitutional either because of a lack of competencies for this regulation, either because they impose their provisions over the will of the concerned. In those cases where there is no rule, judges and courts already peacefully resort to the general principles of law (prohibition of unjust enrichment) to offer solutions to situations worthy of protection after the break-up. In this paper we analyse the existing legal framework --state and autonomic– to solve property disputes, their scope and main problems.