El patrimonio familiar Ipso Jure frente al principio de libertad de enajenación o gravamen de los bienes como garantía del tráfico inmobiliario.

Abstract

The Family Heritage is an institution of ancient date, born as a guarantee of economic protection to the family, takes its elements of the right of ownership or ownership and fundamentally of the powers of limitation of domain of a private nature, that is to say that they arise from the exclusive will of the domain holder. This right of constitutional rank, since it is enshrined among the family rights by our Fundamental Charter, in article 69 numeral 2, has been replicated in norms of order or public nature, justifying in reasons of a social nature its incorporation, by the end statement to avoid threats, by creditors, of the assets acquired thanks to the social benefit provided by Mutualists, Cooperatives, Municipalities and other Public Institutions that promote the acquisition of social housing, however, in recent years, the limitation of ownership has become in an obstacle for the economic development of families, by imposing long and cumbersome procedures, which impede real estate traffic, which is also a dynamic agent of the country's economy.