LA TRANSMISIÓN DE DOMINIO EN LA COMPRAVENTA: EL PACTO DE RESERVA DE DOMINIO.

Abstract

This paper attempts to analyse the transfer of ownership in purchases, looking at whether the seller has the obligation to transfer ownership to the buyer or is simply obligated to deliver the thing and preserve the buyer's peaceful possession of the thing. The starting point is Roman Law, and connections are made with the current provisions of the Civil Code. There is also an analysis of ownership reservation accords, which are express accords under which the parties agree that the delivery or traditio does not transfer ownership to the buyer until the buyer has definitively discharged his or her payment obligations. Focus is placed on the study of the legal nature of such accords, their conceptual delimitation, their registration- related aspects, their effects and the established criteria of case law on the subject.