Análisis de la incidencia de la aplicación del patrimonio familiar sobre el derecho de la propiedad y seguridad jurídica.

Abstract

The family patrimony is a legal institution that limits the domain in order to guarantee the interests and the support of a family, that is, it constitutes those goods and rights that are of exclusive enjoyment of the constituent and of his home, they are excluded from any action of creditors, are not subject to disposal, attachment or encumbrance. The aim of this study is to analyse the impact of the application of family property on property law and legal certainty. The study has a qualitative cohort and the methods of analysis-synthesis and descriptive will be applied. In this sense the first method will allow to deepen the units of analysis in order to validate the premise of the study. The second method will allow to detail the context and situations in the particular case of the extinction of the family estate in notarial office. Among the main results, the need to reform art. 851 of the Civil Code in such a way that the process of extinction of this institution is quickly, without inconvenience in the process, and that they respect the principles of speed and economy of procedure.