REFLECTIONS ON THE RIGHT OF ROOM OF PEOPLE WITH DISABILITY FROM THE PERSPECTIVE OF THE LEGAL OPERATOR

Abstract

Law 41/2003, of November 18 th, of Patrimonial Protection of People with disability introduced -in the framework of the amendments made to the Civil Code, specifically in succession field- in the article 822, the right of room in favour of persons with disabilities. In order to meet to their need of housing, is granted a preferential treatment in the constitution of this room's right to gratuitously (first paragraph), and ensures the enjoyment of which has come being his habitual housing, when the owner of that house, succession's causer where the person with disability is going, nothing has foreseen in the matter (second para-graph). This time it reflects on some of the requirements laid down in this article, especially according to the contributions of the legal operator.