LA OPONIBILIDAD DEL DERECHO DE USO DE LA VIVIENDA FAMILIAR.

Abstract

The right to use the family home is an unusual one; it contains elements of property law and family law, which combine to give it special effects. One such effect is that it is a right that must be enforceable erga omnes and therefore known to all. Above all it will affect any third party who purchases or otherwise acquires the home at issue. When and on what occasions is the right to use the family home enforceable, and when ought it to be enforceable? When, therefore, should the right be registered to facilitate enforceability? The hitherto traditional assumptions regarding registration of the right of use and the requirements involved should be expanded upon.