INCUMPLIMIENTOS DEL RÉGIMEN DE VISITAS Y DAÑOS MORALES.

Abstract

The problem issue of the family home in marital crises is one of the big subjects for family law nowadays. When one of the spouses is seriously ill and unlikely to get well at least in the short term, our country’s case law awards the home to the spouse who is in this precarious physical (or mental) situation. What leaps to the eye is, in my opinion, the humane solidarity of this kind of legal thought and the way a person with a serious (or degenerative) illness is shielded from the consequences, which are almost always harmful for one of the spouses. Thus, with good judgment, from my point of view, the interest of the family is made to prevail, because it is the interest that most needs protection, just as our Civil Code says. This is commendable and deserves praise on every point.