Termination, failure to comply and ways to guarantee in food contracts

Abstract

The purpose of this paper is to study the regulation of the shared ownership of the Catalan Civil Code. The Catalan Lawmaker, through Act 19/2015, of July 29, incorporated the temporal ownership and the shared ownership in the fifth Book of real rights.

It follows from the Preamble of this law that the objective of the Catalan Lawmaker is to create new tenures to make housing more affordable in a more flexible way and that not entailing an over-indebtedness for people. The Catalan lawmaker has been inspired by the English shared ownership, a tenure that al- lows the acquisition of gradual shares of ownership, depending on the economic possibilities, until acquiring the full ownership by the buyer.

The importation of the shared ownership in the Civil Code of Catalonia has been carried out through the creation of a special community of goods where two share holders coexist which the law calls "material shareholder" and "formal shareholder". It is the first one which will progressively acquire more shares of ownership due to the right of staircasing and the one which has the exclusive possession and enjoyment of the good.