Matrimonial agreements in the legal property regime: private autonomy of spouses and Land Registry.

Abstract

Under legal matrimonial regime spouses can conclude agreements concerning marital property for transferring immovable assets to private patrimonies or the other way around. The main problem arising from these contracts is not the perspective of their validity requirements, but under what circumstances should such agreements entry on the Land Registry. The DGRN take into account the existence of diverse factors that specifically condition the registration of those titles: consideration and deed. However this is not absolute. The aim of this paper is to analyze this thesis and to meet the balance between contractual freedom and legal certainty.