THE UNIVERSAL USUFRUCT AND THE LEGACY OF UNIVERSAL USUFRUCT: ANALYSIS OF THE EXERCISE OF THE ACTION OF EVICTION

Abstract

In this work we study the problem when a testator bequeaths, generally to its spouse, the usufruct of the whole inheritance. This is especially delicate if besides their matrimonial couple; other legitimacies converge, given the «intangibilidad» of the legitimate one, so much in quantitative sense as qualitative. The legitimate one would «be shrunk» in qualitative sense, because the quantum demanded by the Civil Law, generally superior, being left is affected in the quale, in that the legitimacies should support an obligation that the Código Civil, except for some exception to which we will make reference, we forget. In Aragón, Navarra or Galicia, their historic normative regulates the usufruct universal vidual, with special and own characters that separate it of the common institution. Also, we will analyze part of the abilities that correspond to the universal usufructuary, as the possibility of exercising the ouster action if some of the hereditary goods has been occupied illegitimately, this is, in precarious. This possibility has been ratified by the Tribunals often.